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20��0524�' Bonower sha.11 promptly give Lettder written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private pa.rty involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory suthority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 16, "Hazardous Substances" are those substances defined as to�cic or hazardous substances by Environinental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, tolcic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safeiy or environmental protection. NON-IJNIFORM COVENANTS. Borrower and Lender further covena,nt and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Properly to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower sha11 collect and receive a11 rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all renis received by Bortower sha11 be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Insttument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and {c) each tenant of the Properly sha11 pay a11 rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant Bonower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender sha11 not be required to enter upon, take control of or maintain the Properly before or a.fter giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. ForeClosure P�ocedure. If Lender requires immediate payment in full under Paragraph 9, Lender may invoke the power of sale and �ny other remedies permitted by applicable law Lender shall be entitled to collect all egpenses incurred in pursuing the remedies under this Paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in w}uch any part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, TYustee shall give public notice af sale to the persons and in the manner prescribed by applicable law. nustee, without demand on Borrower, shall sell the Property at pnblic auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order 1Yustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary reqnires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by reqnesting a foreelosure commissioner designated under the Act to commence foreelosure and to sell the Property as HCFG-00703 FHA Deed of Truat-NE VMP� Woltera Kluwer Finenciel Sarvicea 20110717 4.0.0.0.4002J20110224Y Revised 4/96 11N0 Page 6 oi 6 12 1