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201107400
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Last modified
10/9/2011 10:53:16 PM
Creation date
10/5/2011 8:48:10 AM
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DEEDS
Inst Number
201107400
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�0110�400 <br />13. Notice.s. Any notice to Borrower provide� for in this Security Inst�iiment sha11 be given by delivering it or <br />by mailing it by first class mail unless applicable law requires use of another method. The notice ahall be directed to <br />the Properiy Address or any other address Borrower designates by notica to Lender. Any notice to Lendar shall be <br />given by first class mail to Lender' s address stated herein or any address Lender degignates by notice to Borrower. <br />Any notice provided for in this Sc�mty InstNment shall be deemed to have been given to Borrower or Lender when <br />given as provided in this P�P� <br />14. Governing Law; Severability. This Security Inslrument shall be governefl by Federal law and the law of <br />the jurisdiction in which the Property is loc�ated In the event that any provision or clause of this Secwrity Instrume�t <br />ar the Nota conflicts with applicable law, such conflict sball not affe,ct other provisions of this Sec�mty Insbrument or <br />the Note which c�n be given effect without the conflicting provision. To tUis end the provisions of this Security <br />instrmnent and the Note are declazed to be severable. <br />15. Borrower's Copy. Borrower sball be given one confarmed copy of the Note and of this Se,curity <br />Instrument. <br />16. Hazardona Snbstanca. Borrower shall not cause or permit the pres�ce, use, disposal, stora$e, or release <br />of any Ha�dous Substances on or in the Properiy. Borrower shall not do, nor allow anyone else to do, anything <br />affecting the Properiy that is in violation of any Environmental Law. The pre�e�ing two sentences shall not apply to <br />the presence, use, or storage on the Propexty of small quantities of Hazardous Subst�ces that are generallY <br />recognized to be appropriate to normal residential uses and to maintenance of the Properiy. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any governmental ar regulator3' ��Y �' Pn� P�3' involving the Property and any Hazardous Substance or <br />Environmental Law of which Boa�ower has actual knowledge. If Boaower learns, or is notifie�i by �y governmental <br />or regulatory authority, that any removal or other renaeriiation of any Hazardous Substances affe�ting the Property is <br />necessary, Borrower sl�all pramptly take all necessary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 16, ��Hazazdous Substances" are those substances defined as toxic or ha�ardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile �lvents, materials containing asbestos ar formaldehyde, <br />and radioactive materials. As used in ictihis paragraph 16, "Enviromnental 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. Borrower 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 <br />of the Property. Borrower authorizes Lender or Lender's agents to colle�t 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 bre�ch of any covenant or agreennent in the Security Instrument, Borrower shall collec:t and <br />receive all rents and revenues of the Property as tivste,e for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additional se�urity only. <br />If Lender gives notice of breach ta Bonower: (a) all rents received by Borrower shall be held by Bo�ower as <br />trvst� for benefit of Lender only, to be applied. to the sums se�ured by the Security Instrument; (b) Lender shall be <br />entitled to collect and receive a11 of the rents of the Progerty; and (c) each tenant of the Properiy shall pay a11 rents <br />due and unpaid to Lender ar Lender' s agent on Lender' s written demand to the tenan� <br />Borrower has not executed any prior assignment of the rents and bas not and will not perform any act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />I.ender shall not be require� to enter upon, take control of or maintain the Property before ar after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach- <br />Any application of rents sha11 not cure or waive �y default or invalidate any othe� right or remedy of I.ender. This <br />assignment of rents of the Properiy shall terminate when the debt s�vred by the Security Instrument is paid in full. <br />, <br />2200170874 D V4NNE <br />i <br />VMP��LN(NE� (oao�).o� Page 8 of 8 <br />
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