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��14�1199 �5 as th� case may b�, a�! d�cuments, records �including records �n e�ectran�c or magnetic media}, a��ounts, surveys, pians, and specifications re�ating to the Mortgaged Property and a!I security depos'rts and pr�paid Rents. in the e��nt Lender takes p�ssession and cvntroE of the M�rtgaged Pra�erty, Lender may exclud� Borrawer and its r�presen�atives fr�m the M�rtgaged Praperty. Borr�wer acknowledges and agrees #hat the exer�is� by L�nd�r of any �f the rfghts c�nferred under Section 3 shall not be construed to make Lend�r a I�nder-in-possession of the Mortgage� Pr�perty sa Iong as Lender, or authoriz�d agent of Lender, has not ent�r�d into actuaf p�ssession of the Land and Im�rovements. �e} If Lender enters the Mortga�ed Prop�rty, L�nd�r shall be liab�e to account aniy to 8�rrawer and �n�y for those Rents actually r��e�ved. Lender shafl not otherwis� be f�able ta B�rrower, anyone claEming under or thraugh Borrower or anyane having an interest in the Martgaged Property, by reas�n of any act ar omission of L�nder und�r Se�tion 3, and Borrower h�r�by rel�as�s and discharges L�nder fr�m any su�h liability to the fu�Iest extent perm�tted by law. �f} lf the Rents are not suffic�ent ta m��t the costs �f taking control �f and mana�ing the Mortgaged Property and c�II��tEn� th� Rents, any funds expended by Lender for such �urp�ses shall become an additional �art �f the Indebt�dness as provided in Sectian 13; pra�ided that Lender shal! ha�e the right, but na obl�gation to make any such advances; and pro�ided fur�her that so�lang as the L�an is �nsured �y HUD, no such ad�ances by Lend�r shall become an ad�iti�nai part of the Ind�btedness unless such ad�ances recei�� the prior wr�tten approval of HLJD. �g} Any ent�ring upon and taking af contrnl of th� Mortgaged Pro�erty by Lender �r the r��ei��r, as the case may b�, and any appiicat��n of Rents as pr�vid�d in this Secur�ty �nstrument shal[ not cure ar waiv� any E�ent �f aefault or �nvalidate any �ther right or rem�dy of L�nder under appl�cable !aw or pravided for in this 5ecurity I nstrument. 4. ASS�CNI�IlENT �F LEASES; LEASES AFFE�TIN� THE Ni�RTCAGED PR�PERTY. �a} As part af the considerati�n for the Indebt�dness, Borrawer absolutely and unc�nditionally assigns and transfers to L�nd�r all of Borrower's right, titl� and interest in, ta and und�r th� Leases, �ncluding B�rrower's right, power and authority t� m�dify th� terms of any such L�as�, or ex�end or terminate any such Lease. It is the intent��n �f Borrower ta estabf�sh a pr�sent, absalute and irr��ocable transfer and ass�gnm�nt to Lender af a�� of Barrow�r's right, title and interest in, to and under the L�ases. Borrow�r and L�nder intend this assignment of the Leases to be immedEa�ely �ffective and to ��nstitute an abs�lute pr�s�nt assignment and nat an assignment f�r additi�nal security �nly. For purp�ses �f gi�ing �ffect �� th�s abs�lut� assignment �f the Leases, and f�r Previous edit�ons are obsalete H�D MF Security Instrument HUD-94Q��M�Rev.Q41��}