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201108245 <br />16. HazardousSubstances.Borrowcr shall not causc or pcnnit thc prescncc, usc, disposal, storage, or rcicasc <br />of any Hazardous Substanccs on or in thc Property. Borrowcr shall not do, nor allow anyonc clsc to do, <br />anything affccting thc Property that is in violation of any Environmcntal Law. Thc preccding two scntcnccs <br />shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances <br />that are generally recognized to be appropriate to nortnal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit �r other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmenial Law of which Borrower has actual knowledge_ If Borrower learns, or is notified <br />by any govemmental or regulatory authority, that any removal or other reinediation of any Hazardous <br />Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions <br />in accordance with Environmental Law. <br />As used in lhis pardgraph 16, "Hazardous Subslances" are those substances defined as toxic or hazardous <br />substances by F,nvironmenlal Law and lhe following subslances: gasolin�, kerosene, olher Ilammable or <br />toxic pelroleum products, loxic penlicideti and herbicideti, volalile solvenls, malerials conlaining asbestos or <br />formaldehyde, and radioactive materials_ As used in this paragraph 16, "F,nvironmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection. <br />Non-UniformCovenants.Borrower and Lender further covenant and agree as follows: <br />17. Asslgnmentof Rents. Borrower unconditionally assigns and transfers to Lender all the renYs and revenues <br />of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby <br />directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's <br />norice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower <br />shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and <br />Borrower. This assia inent of rents constitutes an absolute assignment and not an assignment for additional <br />security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower <br />as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument <br />(b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the <br />Property shall pay all rcnts duc and unpaid to Lcndcr or Lcndcr's agcnt on Lendcr's writtcn dcmand to thc <br />fcnant. � <br />Bonowcr has not cxccutcd any prior assigmncnt of thc rcnts and has not and will not perform any act that <br />would prevent Lender from exercising its rights under this paragraph 17. <br />Lender sha11 not be required to enter upon, take control of or maintain the Property before or after giving <br />notice of breach to Borro�ver_ However, Lender or a judicially appointed receiver may do so at any time <br />there is a breach_ Any application of rents shall not cure or waive any default or invalidate any other right or <br />remedy of Lender. This assigmnent of rents of the Property shall terminate when the debt secured by the <br />Security Instrument is paid in fiall. <br />18. Fo1'eClosuYeP1'oCedure.If Lender requires immediate payment in full under paragraph 9, Lender <br />may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies ander this paragraph 18, including, <br />but not limited to, reaeonable attorneys' feeg and costs nf title evidence. <br />FHA �eed of Trust-NE <br />VMP OO <br />Wolters Kluwer Financial Services <br />4/96 <br />VMP4R(NE) (11�5j.00 <br />Page 7 of'10 <br />