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201105270
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Last modified
9/14/2011 12:28:59 PM
Creation date
7/19/2011 8:33:13 AM
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DEEDS
Inst Number
201105270
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20��05270 <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or <br />by mailing it by first class mail unless applicable law requires use of another method The notice shall be directed to <br />the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender' s address stated herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to Bonower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of <br />the jurisdiction in which the Properiy is located. In the event that any provision or clause of this Security Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or <br />the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />Insmament. <br />16. Hazardous Substances. Bonower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Bonower sha11 not do, nor a11ow anyone else to do, anything <br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of sxnall quantities of Hazardous Substances that aze generally <br />recognized to be appropriaYe to norn�al residential uses and to maintenance of the Properiy. <br />Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private party involving the Property and any Har�rdous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Bonower learns, or is notified by any governmental <br />or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is <br />necessary, Borrower sha11 promptly take all necessary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" aze those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toacic <br />petroleum products, toxic p�sticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this pazagraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate to health, safety or environmental protection. <br />NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents aad revenues <br />of the Property. Borrower authorizes Lender or Lender' s agents to collect the rents and revenues and hereby directs <br />each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Borrower of Borrower' s breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender giv�s notice of breach to Borrower: (a) all rents received by Bonower shall be held by Borrower as <br />trustee for benefit of Lender only, to Ue applied to the suins secured by the Security Instrument; (b) Lender shall be <br />entitled to collect and receive all of the rents of the Properly; and (c) each tenant of the Property shall pay all rents <br />due and unpaid to Lender or Lender' s agent on Lender' s written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender sha11 not Ue required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a bre,ach. <br />Any application of rents sha11 not cure or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Property shall ternrinate when the debt secured by the Security Instrument is paid in full. <br />8801026452 01�6452 <br />i��cieig: �'� <br />VMP�-4N(NE) �oao��.ot PageB of 8 <br />
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