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�01�0�363 <br />reinsiatement wiIl preclude forectosure on different grounds ia We future, or {iii) reinstatement will adversety <br />affact the priority of the lien created by this Security Instrumenr. <br />11. Barrower Nat Released; Forbearanoe By Lender Not � Waiver. Extension of the time of <br />payrnent or modification of amortization of the sums aeaured by this Security Instrument granted by Lender <br />to any successot in interest of Borrower shati not operate to release the liabiiiCy of the original Borrower or <br />Borrowefa euccessor ia tniec�est. Lenc�er shall noi be required ta eomnaenee proceedings against any <br />snccessor in interest or refuse to extend tiras for payment or otherwise madify amorrization of the sums <br />secured by this Security Inshzament by reaspn of any derxtand made by the original Bonrower or Borrower's <br />successors in interest, Any forbearauce by Lender in exercising any right or remesdy shall nat be a waiver af <br />or preclude the exercise of any right ar remedy. <br />12. Saccessors and Assigns Bound; Joint and Severat Liabitfty; Casigners. Tbe covenants and <br />agreements of Ehis Sectmity Instrument slzail bind and benefit the successors and assigns of Lender and <br />$o�ower, subject to the pro�ision�s of Paragraph 9{b). Borrower's covenants and agr�ments shall be joint <br />and several. Any Borrower wha casigns this Security Instrvment but does noi exccute th� Note: {a) is ca <br />signing tt�is Security instrument only to mortgag�, grant and convey that Borrower's interest in the Property <br />us�der the terms qf this Security Tns�xmezi� (b) is nat persanally obligated W pay the sums secured by this <br />5ecurity Instnu�zent; and (c) agrees that I.�der and any other Borrower may agree to extend, modify, forlaear <br />or make €tny accommodations with r8gasd ta the term of this Security Insirument ar the I�Tote without that <br />Borro�ver's consen� <br />A3. Noticaa. Any notice to Banrower provided for in this Security dnstrument shali be givem by <br />delivering it or by mailing i# by first class mail unless applicable !aw requires use of another method. The <br />norice shall he d"u�ected to the PropeRy Address or any other adciress �arrower designates by notice to <br />Lander. Any notice ta �,ender shali t�e given by first olass mail to I.ender's address stated herein or any <br />address i,ender ctesxgnatc-� by natiee to Borrower. Any notice provided far in this Security Tnstrument shall be <br />de.emsd to have been given ta Borrowec or Lender when given as provided in this paragraph. <br />la. Governin� Law; Sev�rabiIftp. This Security Inscrument shall be governed by Federal Taw and <br />�.e law of the jurisdictian in which the Pro�erty is Iocated. In the event ihat any provision or clause of this <br />Security Insmimeat or the Note confliets wiith apglicabla law, such confl3ct shali not afFect other provisians <br />of this Securily Instsvvmcnt or the Note wluch caa be given effect without the conflictuzg provision. To this <br />end the provisions of this Security Instrument and the Note are declar�d ta be severable. <br />15. Borrower's Copy. $orrocvsr sha31 be given one conformed aopy of the Note auct of ihis <br />Security Instrnment. <br />1$, HazRrdous Substanees. Boxrawer ahall not cause or permit the presence, use, disposal, storage, <br />or retease of any kTazardous Substaaces an or in the Pmperty. Bozmwer shall not da, nor allaw anyone else to <br />do, auything affecting the Pxaperty that is in vialation of any Enviranmeatal Law. 'the precsding i�vvo <br />sentences shall nafi apply to the pzesence, use, or stozage on the Property of small quantities of �Iazardous <br />Substanc�s that are generatly recognized to ba appropriate to norn�al residential uses and to maintenance af <br />tlie Property. <br />Borrau+�' shall pramptly give Lender written notice o£ any investigation, claim, demand, lawsuit or <br />other actian by any governmeata2 ar regulatory agency ar private party involving the Property and any <br />Hazardous Substance or Environmentat Law of which Botxower has aclua! knowledge. Tf Bonower learns, or <br />is notifred by any governrnental or regulakory authariey, that any removal or other rem�diation of any <br />Iiazardous Substances affecting the Froperfy is necessary, Borrower shali pramptly take all necessary <br />remediai activns in accordance witb Environmentat I,aw. <br />As used in this paragrapl� � 6, "Hazardous Substances" are tlzose substances defined as toxic or <br />ha�rdous substances by Envsroutnental I�aw and the following substances: gasoline, kerosene, ot�ier <br />flammable or toxic petroleum products, toxic pesticide,s and herbicides, volatile solvents, materiats <br />aantaining asbe.stos or formaldehyde, and radioactive materisls. As used in the paragrapb I 6, "Bnvi�ronrnental <br />Law" means federal isws and iaws of the jttr'ssdiction where the Pcoperty is located that relate to health, <br />safety or anvironmentat protection. <br />N�N-tJNiFORM COVENANI'S. JBorrower and Lenderfurr:iier cavenas�t and agzee as follows: <br />17. Assggnment of Rents. Bonower unconditaonally assigns and transfet� ta Lender all Lhe reats <br />and revenues of the Pmpeny. Bortow�s autharizes I.ender ar i.endea's agents to coUect tlia rents and revennes <br />and heraby directs each tenant of the Praperiy to pay the rents to I.ender or I.ender's agents. However, prior <br />to L,ender's notice to Horrowex of Bonower's breach of ax►y oovenant or agreernent in the Security <br />Instrument, Borrower shail coltect aud receive all rents and revenues of the Property as m�stee for the ben$fit <br />of Leader and Borrower. This assignment of rents constitutes an absalute assigrrment and not an assignmene <br />for additianal security only. <br />If Lender gives ttoiice of breach to Borco�ver. (a} all rents receivecf by Barrower sha1� be he}d by <br />Borrower as hvstce for benefit of Lender anly, ta be applied ta the sams secured by the Secwity Instrumenk; <br />(b) L,ender ska11 be entitled to eollect and receive a1i of the rents of the property; and (c� each tenant of the <br />P� o�periy shati pay ali rents due and unpaid to Lender or Lendec's agent on Lender's wntten demand to the <br />Borrower has not executed any prior assignment of the rents and ha.R not and will not perform any <br />act that would prevent Lender from exercrsing its nghts under this Paragraph 17. <br />Lender shall not be requiresi to enter upan, take controi af or maintaio. the Property before or at�er <br />giving notice af breardx to Boirn�aver. However, T�ender or a judiciai�y appoiunted receiver mey do so at any <br />time there is a 6reach. Any application of rents shall not cure ar vvatve any defauit or invalidate any other <br />right or remedy of Lende,r. This assignmeut of renCS of the Properiy sha11 teraiinate when the debt aecured by <br />the Sea�city �tstrument is paid in full. <br />I8. Foreciosure Procedura If Lender requires irn�nediats payxr►enfi in full under Par�gr�ph 9, <br />lL.eader may invake the pawer of sate and any ather �remedies perautted� by ELpplicabis Law. Lender <br />sh�ll be entit�eed to coDect stll expenses incurred in gursuixig the remedies prov9ded 9n tlits Sectfan 28, <br />inciuding, but not TGn�ted ta, reasonable attorneys' fees and costs of ti�le evide3nce. <br />If the pawer af sale is involced, Trustee shatt recard a notice of defautt in each coaeaty in whicl� <br />�uy part ef the JProperiy is Iocated �nd shatt mafi copies af such nottce in the manner prescribed by <br />Applicable Law to Borrowes and to the ocher persons prescribed by Applacable Lraw. After ths time <br />required by Appl[cabie Law, Trustee shall give public nodce of sale to the persons and in the manner <br />prescriber� by t�g►pl9cable Law. Trnstee, wethaut demiand on Burrower, shal! seD the Property at pub[fc <br />auc(�an eo the highest bidder at the time and place and unc�er the terms design�ted in the notice of sals <br />in one or more paxaels and in any order Trustee tietermin�s. Trustee may pastpone sale o� �il or any <br />parcel vf the Prnperty by publie announcement at ti►e time and place of �ny prev3ously scheduled sale. <br />Lender or its d�ee may purchase tl�e Property st any s�ie. <br />142i6.CV (9/11) 90b165 <br />Page 4 of S <br />GO'[C3(001931�e) <br />s,�L''= <br />