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201303289
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201303289
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Last modified
12/31/2013 2:59:17 PM
Creation date
4/29/2013 12:27:37 PM
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DEEDS
Inst Number
201303289
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201303289 <br /> to <br /> directly, or by a receiver, Borrower's license to collect Rents shall automatically <br /> terminate and Lender shall without Notice be entitled to all Rents as they become due <br /> and payable, including Rents then due and unpaid. Borrower shall pay to Lender upon <br /> demand all Rents to which Lender is entitled. At any time on or after the date of <br /> Lender's demand for Rents, Lender may give, and Borrower hereby irrevocably <br /> authorizes Lender to give, Notice to all tenants of the Mortgaged Property instructing <br /> them to pay all Rents to Lender. No tenant shall be obligated to inquire further as to the <br /> occurrence or continuance of an Event of Default, and no tenant shall be obligated to <br /> pay to Borrower any amounts which are actually paid to Lender in response to such a <br /> Notice. Any such Notice by Lender shall be delivered to each tenant personally, by mail <br /> or by delivering such demand to each rental unit. Borrower shall not interfere with and <br /> shall cooperate with Lender's collection of such Rents. <br /> (c) Borrower represents and warrants to Lender that Borrower has not <br /> executed any prior assignment of Rents, that Borrower has not performed, and <br /> Borrower covenants and agrees that it shall not perform, any acts and has not <br /> executed, and shall not execute, any instrument that would prevent Lender from <br /> exercising its rights under Section 3, and that at the time of execution of this Security <br /> Instrument there has been no anticipation or prepayment of any Rents for more than <br /> two months prior to the due dates of such Rents. Borrower shall not collect or accept <br /> payment of any Rents more than two months prior to the due dates of such Rents <br /> (other than collections in connection with transactions as approved by HUD). <br /> (d) If an Event of Default has occurred and is continuing, Lender may, <br /> regardless of the adequacy of Lender's security or the solvency of Borrower and even in <br /> the absence of Waste (but only with the prior written approval of HUD in the event of <br /> Covenant Defaults), enter upon and take and maintain full control of the Mortgaged <br /> Property in order to perform all acts that Lender in its discretion determines to be <br /> necessary or desirable for the operation and maintenance of the Mortgaged Property, <br /> including the execution, cancellation or modification of Leases, the collection of all <br /> Rents, the making of repairs to the Mortgaged Property and the execution or <br /> termination of contracts providing for the management, operation or maintenance of the <br /> Mortgaged Property, for the purposes of enforcing the assignment of Rents pursuant to <br /> Section 3(a), protecting the Mortgaged Property or the security of this Security <br /> Insirurnenl, ur lur a uull uillel puiNuaca as Leiidel 1 Ala J.4 eUuII 1IIQy deGiiI 1IGI..CJ,ary <br /> or desirable. Alternatively, if an Event of Default has occurred and is continuing, <br /> regardless of the adequacy of Lender's security, without regard to Borrower's solvency <br /> and without the necessity of giving prior Notice (oral or written) to Borrower, Lender may <br /> apply to any court having jurisdiction for the appointment of a receiver for the <br /> Mortgaged Property to take any or all of the actions set forth in the preceding sentence. <br /> If Lender elects to seek the appointment of a receiver for the Mortgaged Property at any <br /> time after an Event of Default has occurred and is continuing, Borrower, by its execution <br /> of this Security Instrument, expressly consents to the appointment of such receiver, <br />
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