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201107513 16 HazardousSubstances shall not cause or permit the presence, use, disposal, storage, or release of any Ha.zardous 5ubstances on or in the Property. Borrower shall not do, nor allow anyone e�se to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Ptoperty. 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 Hazardous Snbstance or Environmental Law of which Bonower has actual knowledge. 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 5ubstances" are those substances defined as toxic 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 materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Properly is located that relate to health, safety or environmental protection. Non-UniformCovenants.Borrower and Lender fiuther covenant and agree as follows: 17e Assignmentof Rents. Bortower 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 heteby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Bortower's breach of any covenant or agreement in the Security Instnunent, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Bonower. This assignment of rents constiiutes 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 Bottower as tnastee for benefit of Lender only, to be applied to the sums secured by the Security Inshwnent; (b) Lender shall be entitled to collect and receive all of the rents of the Ptoperty; and (c) each tenant of the Property shall pay all rents due and uapaid to Lender or Lender's agent on Lender's written demand to the tenant. Bonower has not executed any prior assignment of the rents and has not and will not perform 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 maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time tbere is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Propetty shall terminate when the debt secured by the Security Instnunent is paid in fu11. 18. ForeclosureProcedure.If Lender requires immediate payment in fnll nnder paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender ahall be entitled to collect all ezpenses incurred in pursuing the remedies under t}us paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. FHA Deed of Trust-NE 4196 VMP � VMP4R(NE) (1105).00 Wolters Kluwer Financial Services Page 7 of 10