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�0�1074�9 16. Hazerdous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazazdous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything afFecting the Progerty that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Properiy of small quantities of Hazardous Substa.nces that are generally recognized to be appropria.te to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazazdous Substance or Environmental Law of which Borrower has actual l�owledge. If Bonower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as to�c or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive ma.terials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. Non-Uniform Covenants. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or L,ender's agents. However, prior to Lender's notice to Bonower of Borrower's breach of any covenant or agreement in the Security Instrument, Bonower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; {b) Lender shall be entifled to collect and receive all of the rents of the Progerty; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not �rform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or mainta.in the Properiy before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any applica.tion of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Insirument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entifled to collect all expense.s incurred in pursuing the remedies nnder this paragraph 18, inclnciing, bnt not limited to, reasonable attorneys' fe� and costs of title evidence. FHA Daed of Trust-NE 4/88 VMP � VMP4RINE) (11061.00 Wolters Kluwec Firmncial Sarvicas Paga 7 of 10