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conflicts with applicable law, such conflict shall not affect other provisions of this Securky Instrument or the Note which can be given effect without the conflicting provis(on. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. � 16. HBZardOUB Subst8nCe8. Borrower shall not cause or permR the presence, use, disposai, storage, or release of � any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Fi : Property that is in violation of any Envtronmental Law. The precediny two sentences shall not apply to the presence, use, or � storage on the Property of small quantities of Hazardous Substances that are generaly recognized to be appropriate to normal � I residential uses and to maintenance of the Property. (� Borrower shall prompty gfve Lender written notbe of any fnvestfpatbn, claim, demand, lawsuit or other actbn by any Q govemmental or regulatory agency or private party hvolvinq the Property and any Hezardous Substance or Envi�onmental Lew ot Q' which Borrower has actual knowledge. If Borrower leams, or is notffied by any govemmental or regulatory authority, that any removal or other remediation of any Hazardous Substances aHecttng the Property is necessary, Borrower shall promptly take all I necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substences defined as tox� or haza�dous substances by Environmental Law and the folbwing substances: gasoline, kerosene, other flammable or toxb petroleum products, toxic pesticides and herbicides, volatile solvents, materfals contatnin� asbestos or tormaldehyde, and redioectNe materials. As used In the paragraph 16, "Environmental Law" means federal laws and kws of the Jurisd�tbn where the Property Is located that relate to heaRh, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender tuRher covenant and egree as follows: 17. Assignment of Rents. Borrower uncondkionally assipns and trensfers to Lender atl the rents and revenues of the Property. BoROwer authorizes Lender or Lenders agents to collect the rents and revenues and hereby dkects each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrowers breach of any covenant or agreement in the Security Instrument, Borrower shail coilect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assipnment of rents constRutes an absolute assipnment end not an assignment for additional security only. Ii Lender gNes notice of breach to Borrower: (a) all rents receNed by Borrower shall be held by Borrower as trustee for benefit o( Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect end receive all o( the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpafd to Lender or Lender's agent on Lenders written demand to the tenant. Borrower has not executed eny prior assignment of the rents and has not and will not perfortn any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be requked to enter upon, take control of or ma(ntain the Property before or a(ter giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any defauft or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid h full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. : Lender shall be entitled to collect all expenses incurred in pursutng the remedies provided in this Paragraph 18, including, but not limited to� reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Atter the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated (n the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the Vuth oi the statements made therein. Trustee' shail apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power ot sale� and the sale, including the payment of the Trustee's fees actually incurred, not to exceed 3 �,� of the principal amount oi the note at the time ot the declaration of default, and reasonable ariorneys' fees as permitted by law; (b) to all sums secured by this Security InsVument; and (c) ' any excess to the person or persons legally entitled to it. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("AcY') (12 U.S.C. 3751 e� seg.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or appllcable law. 19. Reconveyance. Upon payment of all sums secured by this Securfty Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all noted evidencing debt secured by this Security Instrument to Trustee. T►ustee shail reconvey the Property wkhout waRanty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. F5813.LM0(1/9B) Pay� 4 01 5