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201109065 <br />16. Hazardous Substances. Bonower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences <br />shall not apply to the presence, use, or storage on the Property of small quanrities of Hazardous Substances <br />that aze generally recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Iaw of which Bonower has actual knowleflge. If Borrower learns, or is notifi� <br />by any governmental or regulatory authority, that any removal or other remediation of any Hazardous <br />Substances aff�ting the Property is n�essary, �rrower shall promptly take all n�essary remedial actions <br />in accordance with Environmental L.aw. <br />As used in this paragraph 16, "Hazardous Substances" aze those substances defined as toxic or ha��ardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or <br />tolcic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioacrive materials. As used in this pazagraph 16, "Environmental 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-Uniform Covenants. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower uncondirionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or L.ender's agents to collect the rents and revenues and hereby <br />dir�ts each tenant of the Properly to pay the rents to Lender or Lender's agents. However, prior to Lender's <br />notice to Bonower of Borrower's breach of any covenant or agreement in the Security Instrument, Bonower <br />shall collect and receive all rents and revenues of the Property as trust� for the benefit of Lender and <br />Bonower. This assignment of rents constitutes an absolute assignment and not an assignment for additional <br />se�uriry only. <br />If L�nder gives notice of breach to Borrower: (a) all rents receive� by Borrower shall be held by Bortower <br />as trustee for benefit of Lender only, to be applied to the sums se�ured by the S�urity Insm�m�r,t; <br />(b) Lender shall be entitled to colle.ct and receive all of the rents of the Property; and (c) each tenant of the <br />Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the <br />tenant. <br />Bortower has not executed any prior assignment of the rents and has not and will not perform any act that <br />would prevent Lender from exercising its rights under this pazagraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giviag <br />nogce of breach to Borrower. However, Lender or a judicially appointed rer�iver may do so at any time <br />there is a breach. Any a}�plication of rents shall not cure or waive any default or invalidate any other �ight or <br />r�y of Lender. T�is assignment of rents of the Property shall terminate �vhen the debt s�ured by the <br />S�urity Instivment is paid in full. <br />18. Fweclosure Procedure. 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 under this paragraph 18, including, <br />but not limited to, reasonable attorneys' fee.s and costs of title evidence. <br />FHA Deed of Trust-NE 4/98 <br />VMP � VMP4R(NE) (11091 <br />Wolters Kluwer Financial Services Page 7 of 10 <br />ri 5 . <br />