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98102577
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3/12/2012 11:27:15 AM
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10/19/2005 5:23:47 PM
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DEEDS
Inst Number
98102577
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conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br /> . <br /> given effect without the conflicting provision. To this end the provisions of this Securky I�strument and the Note are declared to <br /> be severable. <br /> 15. Borrower's Copy. Borrower shall be given one conformed copy ot the Note and of this Securky Instrument. <br /> 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of <br /> any Hezardous Substances on o� h the Property. Borrower shall not do, nor allow anyone etse to do, anything aifectfng the <br /> Property that is in violation of any Env�onmental Law. The preced�g two sentences shall not apply to the presence, use, or (� <br /> storage on the Property of small quantkies of Hezardous Substances that are generally recognized to be appropriate to normal � <br /> residential uses and to maintenance of the Property. � <br /> BoROwer shail prompty give Lender written notice of any investigation, claim, demand, lawsuk or other actbn by any � <br /> govemmental or regulatory agency or private party invoNk►g the Property and any Hazardous Substance or Environmental Law of <br /> � <br /> which Borrower has actual knowiedge. If Bonower leams, or is notified by any govemmental or regulatory authorky, that any � <br /> removal or other remediation af any Hazardous Substances affecting the Property is necessary, Borrower shall promptiy take all (� <br /> necessary remediat actions in accordance with Envi�onmental Law. � <br /> As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by � <br /> Environmental Law and the followk�g substances: gasoline, kerosene, other flammable or toxfc petroleum products, toxtc <br /> pesticides and herbbides, voletile solvents, materials containing asbestos or formaldehyde, and redioactive materfals. As used in <br /> the paragraph 16, "Environmentel Law" means federal laws end laws of the Jurisd�tfon where the Property ts located that relate <br /> to heafth, safety or environmental protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as foltows: <br /> 17. Assignment of Rents. BoROwer uncondftionally assigns and transfers to Lender all the rents and revenues of the <br /> Property. Bonower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the <br /> Property to pay the rents to Lender or Lender's agents. However, prior to Lender's not�e to Borrower of Borrower's breach ot <br /> any covenant or agreement in the Securiry Instrument, Borrower shall collect and receive all rents and revenues of the Property <br /> as trustee for the benefit of Lender and Borrower. This assipnment of rents constitutes an absolute assignment and not an <br /> assignment for addftional securky only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be heid by Borrower as trustee for <br /> benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entftled to collect and <br /> receive all of the rents of the Property; and (c) each tenant of the Property shall pay ail rents due and unpaid to Lender or <br /> Lender's agent on Lender's written demand to the tenant. <br /> Borrower has not executed any prior assignment of the rents and has not and will not perform eny act that would prevent <br /> Lender from exercising its rights under this Peragraph 17. <br /> Lender shall not be required to enter upon, take control of or maintain the Property before or aRer giving notice of breach to <br /> Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents <br /> shall not cure or waive any defauft or invalidate any other right or remedy of Lender. This assignment of rents of the Property <br /> shall terminate when the debt secured by the Security Instrument is paid In full. <br /> 18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, <br /> Lender may invoke the power of sale and any other remedies permitted by applicable law. <br /> Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in <br /> this Paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title <br /> evidence. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in <br /> which any part of the Property is located and shali mail copies oi such notice in the manner <br /> prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br /> After the time required by applicable law, Trustee shall give public notice of sale to the persons <br /> and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell <br /> the Property at public auction to the highest bidder at the time and place and under the terms <br /> designated in the notice of sale in one or more parcels and in any order Trustee determines. <br /> Trustee may postpone sale of all or any parcel of the Property by public announcement at the <br /> time and place of any previously scheduled sale. Lender or its designee may purchase the <br /> Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deltver to the purchaser Trustee's <br /> deed conveying the Property. The recitals in the Trustee's deed shall be prtma facie evidence of <br /> the Vuth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br /> following order: (a) to all costs and expenses of exercising the power of sale� and the sale, <br /> including the payment of the Trustee's fees actually incurred, not to exceed 3 °� <br /> of the principal amount of the note at the time of the declaration of default, and reasonable <br /> attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) <br /> any excess to the person or persons legally entitled to it. <br /> If the Lender's Interest tn thts Security Instrument is held by the Secretary and the Secretary <br /> requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial <br /> power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("AcY') (12 U.S.C. <br /> 3751 et seg.) by requesting a foreclosure commissioner designated under the Act to commence <br /> foreclosure and to sell the Property as provided in the Act. Nothing in the precedtng sentence <br /> shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 <br /> or applicable law. <br /> 19. Reconveyance. Upon payment of all sums secured by this Securky Instrument, Lender shall request Trustee to <br /> reconvey the Property and shall surrender this Security Instrument and all noted evtdencing debt secured by this Securky <br /> Instrument to Trustae. Trustee shail reconvey the Property wfthout wananty and w�hout charge to the person or persons legally <br /> entRled to it. Such person or persons shall pay any recordation costs. <br /> F58�3.LM0(t/9B) Paps 4 of S <br />
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