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202100967
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Last modified
2/4/2021 3:28:39 PM
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2/4/2021 3:28:37 PM
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DEEDS
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202100967
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202100967 <br />(E) Borrower's Occupancy. Unless Lender and Borrower otherwise agree in writing, Section 6 <br />concerning Borrower's occupancy of the Property is deleted. <br />(F) Assignment of Leases. Upon Lender's request after default, Borrower shall assign to <br />Lender all leases of the Property and all security deposits made in connection with leases of the <br />Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the <br />existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, <br />the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. <br />(G) Assignment of Rents; Appointment of Receiver; Lender in Possession. Borrower <br />absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") <br />of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes <br />Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay <br />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 Section 22 of the Security Instrument, and (ii) <br />Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. <br />This assignment of Rents constitutes an absolute assignment and not an assignment for additional <br />security only. <br />If Lender gives notice of default 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 <br />Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides <br />otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of <br />taking control of and managing the Property and collecting the Rents, including, but not limited <br />to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, <br />insurance premiums, taxes, assessments and other charges on the Property, and then to the sums <br />secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver <br />shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled <br />to have a receiver appointed to take possession of and manage the Property and collect the Rents <br />and profits derived from the Property without any showing as to the inadequacy of the Property as <br />security. <br />If the Rents of the Property are not sufficient to cover the costs of taking control of and managing <br />the Property and of collecting the Rents any funds expended by Lender for such purposes shall <br />become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to <br />Section 9. <br />Borrower represents and warrants that Borrower has not executed any prior assignment of the <br />Rents and has not performed, and will not perform, any act that would prevent Lender from <br />exercising its rights under this paragraph. <br />Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, <br />take control of or maintain the Property before or after giving notice of default to Borrower. <br />However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when <br />HCFG-00214 <br />Multistate 1-4 Family Rider - Fannie Mae/Freddie Mac Uniform Instrument <br />VMP® <br />Wolters Kluwer Financial Services 2021020217.1.0.4574-J20180529Y <br />111 <br />;::Y4 <br />333931721214 <br />Form 3170 1/01 <br />07/ 4 <br />Page 2 of 3 <br />
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