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200001433 <br />B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make <br />a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the <br />change. Borrower shall comply with all laws, ordinances, regulations and requirements of any <br />governmental body applicable to the Property. <br />C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien <br />inferior to the Security Instrument to be perfected against the Property without Lender's prior written <br />permission. <br />D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to <br />the other hazards for which insurance is required by Uniform Covenant 5. <br />E. 'BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is deleted. <br />F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the <br />first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. All <br />remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. <br />G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign to Lender all leases <br />of the Property and all security deposits made in connection with leases of the Property. Upon the <br />assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute <br />new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean <br />"sublease" if the Security Instrument is on a leasehold. <br />H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. <br />Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues <br />( "Rents ") of the Property, regardless of to whom the Rents of the Property are payable. Borrower <br />authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall <br />pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender <br />has given Borrower notice of default pursuant to paragraph 21 of the Security Instrument and (ii) Lender <br />has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment <br />of Rents constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by <br />Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security <br />Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) <br />Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's <br />agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents <br />collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing <br />the Property and collecting the Rents, including, but not limited to, attorneys' fees, receiver's fees, <br />premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and <br />other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, <br />Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually <br />received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage <br />the Property and collect the Rents and profits derived from the Property without any showing as to the <br />inadequacy of the Property as security. <br />Initials:_ <br />dM-57U (9705).01 Page 2 of 3 Form 3170 3193 <br />