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201107150
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9/27/2011 9:51:53 AM
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9/27/2011 9:51:53 AM
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DEEDS
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201107150
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20�10715� <br />16 <br />of <br />that <br />�rdous Substances. Bonower shall not cause or permit the presence, use, disposal, storage, or release <br />ry Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />ung affecting the Properly that is in violation of any Environmental Law. The preceding two sentences <br />not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substancss <br />are generally recognized to be appropriate to normal residential uses and to maintenance of the Progerty. <br />Bo ower shall promptly give Lender written norice of any investigation, claim, demand, lawsuit or other <br />acti n by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Sub tance or Environmental Law of which Borrower has actual l�owledge. If Bonower learns, or is notified <br />by y governmental or regulatory authority, that any removal or other reme�iation of any Hazardous <br />Sub tances affecting the Properiy is necessary, Bonower shall promptly take all necessary remedial actions <br />in rdance with Environmental Law. <br />As ed in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />subs ances by Environmental Law and the following substances: gasoline, kerosene, other flammable or <br />toxi petroleum products, toxic pesricides and herbicides, volatile solvents, materials containing asbestos or <br />fo dehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal <br />law and laws of the jurisdicrion where the Property is located that relate to 3�ealth, safety or environmantal <br />Coven�nts. Borrower and Lender further covenant and agree as follows: <br />17. Ass gnment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of e Property. Bonower authorizes Lender or Lender's agents to coll�t the rents and revenues and hereby <br />dir ts each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's <br />noti to Bonower of Bonower's breach of any covenant or agreement in the Security Instrument, Bonower <br />shal coll�t and receive all rents and revenues of the Property as trustee for the benefit of Lender and <br />Bo ower. This assignment of rents constitutes an absolute assignment and not an assignment for additional <br />sec 'ty only. <br />If nder gives norice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower <br />as tee for benefit of Lender only, to be applied to the sums secured by the Se�urity Instrument; <br />(b) nder shall be enritlefl to collect and receive all of the rents of the Property; and (c) each tenant of the <br />Pro erty shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the <br />�wer has not executed any prior assignment of the rents and has not and will not perform any act that <br />d prevent I�nder from exercising its rights under this paragraph 17. <br />er shall not be requirefl to enter u}�on, take control of or maintain t�e Paoo�erly before or after giving <br />e o� �re�ch to Borro�ver. However, L,ender or a judiciallY appoi�ed s�eiver may do so at any time <br />is a t�reach. Any applicaiion of re�mts s�all not cure or waive any ��t or invalidate any ot�aer right or <br />dy of Lender. This assignment of �ents of the Property shall termina�e when the debt s�ure� by the <br />rity Instnament is paid in full. <br />1�. For a�are Pracedure. If Lender requires immediate payment in full �mder paragraph 9, Lender <br />ma invoke the power of sale and aay ather remedies permitted by applicable law. I.endea� shall be <br />enti 1� to collect all expenses incurred in pursuing the remedies under this paragraph 18, including, <br />but ot limited to, reasonable attorneys' fces and costs of title evidence. <br />FHA Deed of trust-fVE 4 <br />VMP � VMP4RINE) (1105) <br />Wolters Kluw�r Financial Services Page 7 of 10 <br />
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