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98102588
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Last modified
3/12/2012 11:27:32 AM
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10/19/2005 5:23:58 PM
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DEEDS
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98102588
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conflicts with applicable law, such confllct shail not affect other provisions of this Securfty Instrument or the Note wh�h can be <br /> � given effect without the confl�thg provisbn. To this end the provisfons of this Securfty Inshument end the Note are declared to <br /> be severable. --.� <br />' 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of thts Security Instrument. � <br /> 16. Hazardous Substance�. BoROwer shall not cause or permit the presence, use, disposal, storage, or release of� <br /> any Hazardous Substances on or h the Property. Bonower shall not do, nor allow anyone else to do, anything affecting the�' <br /> Property that fs in violation of any Environmental Lew. The preceding two sentences shall not apply to the presence, use, or� <br /> storage on the Property of small quantkies of Hazardous Substances that are generaily recognfzed to be appropriate to normal]� <br /> residential uses and to maintenance of the Property. �^ <br /> v� <br /> Borrower shall promptly give Lender written notice of any investipation, claim, demand, lawsuk or o th e r a c t b n b y a n y� <br /> govemmental or regulatory agency or prNate party involving the Property and any Hazardous Substance or Env�onmental Law ot(� <br /> which Bonower has actual knowledge. Ii Borrower leams, or is notified by any govemmental or regulatory authority, that any <br /> removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all <br /> necessary remedial actions in accordance with Environmental Law. <br /> As used in this paragraph 16, "Hezardous Substances" are those substances deNned as toxic or hazardous substances by <br /> Envkonmental �aw and the folbwing substances: gasoNne, kerosene, other flammable or toxb petroleum products, toxic <br /> pestictdes and herbicides, voletile solvents, metertals contahing asbestos or tormaldehyde, and radioactive materials. As used in <br /> the paragraph 16, "Envkonmental Law" means federal laws and laws of the jurisdictbn where the Property is bcated that relate <br /> to heafth, safety or environmentel p�otection. <br /> NON-UNIFORM COVENANTS. BoROwer and Lender further covenant and agree as follows: <br /> 17. Assignment of Rents. Borrower uncondkionally assigns and transfers to lender all the rents and revenues of the <br /> Property. Borrower suthorizes Lender or Lender's agents to collect the rents and revenues and hereby dkects each tenant of the <br /> Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notfce to BoROwer oi Borrowers breach of <br /> any covenant or agreement h the Securky Instrument, Borrower shall collect and recelve all rents and revenues of the Property <br /> as trustee for the benefit of Lender and BoROwer. This assipnment of rents constitutes an absolute assipnment and not an <br /> assignment for addkional security only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by BoROwer as trustee for <br /> benefit of Lender only, to be applied to the sums secured by the Securky 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 all rents due and unpaid to Le�der or <br /> Lender's agent on Lender's wrftten demand to the tenant. <br /> Bonower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent <br /> Lender from exercising ks rights under this Paragraph 17. <br /> Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to <br /> Borrower. However, Lender or a judicielly appointed receiver may do so at any time there (s a breach. My applicat(on of rents <br /> shall not cure or weive any de(ault or �vaiidate 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 pafd 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 applicabie law. <br /> Lender shall be entitled to collect all expenses incurred In pursuing the remedies provtded 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 shall mail copies of 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 shali give publtc notice of sale to the persons <br /> and in the manner prescrlbed by appHcable 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 pubitc announcement at the <br /> time and place of any previously scheduled sale. Lender or its deslgnee may purchase the <br /> Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br /> deed conveying the P�operty. The recitals in the Trustee's deed shall be prima facte evidence of <br /> the Vuth of the statements made therefn. 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 tc exceed 3 °� <br /> of the principal amount of the note at the time of the declaratton 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 tt. <br /> If the Lender's interest in this Security InsVument is held by the Secretary and the Secretary <br /> requires immediate payment in fuli 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 preceding sentence <br /> shall deprive the Secretary of any rights otherwise avatlable to a Lender under this Paragraph 18 <br /> or applicable law. <br /> 19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br /> reconvey the Property and shall surrender this Securtty Instrument and all noted evidencing debt secured by this Security <br /> Instrument to Trustee. Trustee shall reconvey the Property wfthout warranty and wRhout charge to the person or persons IeAaNy <br /> entitled to it. Such p�son or persons sha8 pay any recordatbn costs. <br /> F5873.LM0 (1/B9) Pays 4 of 5 <br />
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