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20�10554� <br />or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to <br />normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of a,ny investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private parly involving the Property and any Hazardous Substance or Environmental <br />Law of which Bonower has a.ctual knowledge. If Bonower learns, or is notified by any governmental or regulatory <br />authority, thax any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower <br />shall promptly take all necessary remedial actions in accordance vcrith Environmental Law. <br />As used in this Paragraph 16, "Haza.rdous Substances" are those substances defined as toxic or hazardous substa.nces by <br />Environmental Law and the following substa.nces: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials conta.ining asbestos or formaldehyde, and radioactive materials. As <br />used in this Paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is <br />located tha.t relate to health, safety or environmental protection. <br />NON-TJNIFORM 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 and revenues of the <br />Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant <br />of the Properly to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's <br />breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues <br />of the Properly as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute <br />assignment and not an assignment for additional security only. <br />If Lender gives notice of breach to Bonower: (a) all rents received by Borrower shall be held by Borrower as irustee for <br />benefit of Lender only, to be applied to the sums secured by the Security Insirument; (b) Lender shall be entitled to collect <br />and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender <br />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 prevent <br />Lender from exercising its rights under this Paragraph 17. <br />Lender shall not be required to enter upo�, take control of or maintain the Properiy before or after giving notice of breach <br />to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application <br />of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents <br />of the Property sha.11 terminate when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosure P1'ocedure. If Lender requires immediate payment in full under Paragraph 9, Lender may <br />invoke the power of sale and any other remedies permitted by applicable law Lender shall be entitled to <br />collect all ezpenses incurred in pursuing the remedies nnder this Paragraph 18, including, bnt not limited <br />to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in e�ch county in which any part of <br />the Property is located and shall mail copies of sach notice in the manner prescribed by applicable law to <br />Borrower and to the other persons prescribed by applicable law. After the time required by applicable l�w, <br />Trustee shall give public notice of s�le to the persons and in the manner prescribed by �pplicable law. <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of sale in one or more parcels and in any order <br />1Yustee determines. TYustee may postpone sale of all or any parcel of the Property by public announcement <br />at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property <br />at any sale. <br />If the Lender's interest in this Secnrity Instrument is held by the Secretary and the Secretary reqtures <br />immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicisl power of sale <br />HCFG-00703 <br />FHA Deed of Truat-NE ReWsed 4/98 <br />yMp� 11/10 <br />Wolters Kluwer Finarxial Servicas 201107204.0.0.0.4002J20110224Y Pege 6 ot 8 <br />