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200010598 limit), or (c) a change in the Index and /or Margin, or (d) charge a transfer fee, or (e) such other reasonable modifications it deems in its best interest, or all or part of these, as a condition or conditions of Lender's waiving the option to accelerate. E. Lender may at its option, exhaust any one or more security interests, either concurrently or independently, and in such order as it may determine. No delay by Lender or Trustee in exercising any right or remedy under the Security Instrument, or other security interests, shall operate as a waiver of any other right or remedy or preclude the exercise thereof during the continuance of any default under the Security Instrument or any other security interests. Lender may probate or file proof of its claim with any court without waiving its rights under this Security Instrument or being deemed to have elected its remedy. If this Security Instrument is subject to a prior Security Instrument, it is further understood and agreed by and between the parties hereto that any default or failure of the Borrower herein to comply with all the terms and conditions of the prior Security Instrument is a default under the terms and conditions of this Security Instrument. Upon such default or failure or any other failure or default, the Lender may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other right hereunder, or take any other proper action allowed by law. Without affecting the liability of Borrower or any other person for payment of any indebtedness secured hereby or for performance of any obligation contained herein, and without affecting the rights of Lender with respect to any person or security not expressly released in writing, Lender may, at any time and from time to time, and without notice or consent; (1) Release any person liable for payment of all or any part of the indebtedness or for performance of any obligation; (2) Make any agreement extending the time or otherwise altering the terms of payment of all or any part of the indebtedness or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the security interest; (3) Exercise or refrain from exercising or waive any right Lender may have; (4) Accept additional security of any kind; (5) Release or otherwise deal with any property, real or personal, securing the indebtedness, including all or any part of the property herein described. G. Borrower(s) warrants the title to the real and personal property conveyed or the security interest created, represents the property has access to public roads and utilities and agrees to defend said title and hold Lender harmless from all costs, expenses and legal fees relating to any breach of warranty or misrepresentation. H. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes and absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower; (I) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the rents of the property; and (iii) each tenant of the property shall pay all rents due and unpaid to Lender or Lender's agent upon written demand to the tenant. Borrower represents that borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Lender may apply the rents in its desecration and any application of rents shall not cure or waive any default 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 in full. Upon Lender's request, Borrower shall assign to Lender all leases of the property and all security deposits made in connection with leases of the property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph, the word "lease" shall mean "sub- lease" if the Security Instrument is on a leasehold. The Borrower agrees that if the loan is for the purpose of repairs or construction and there is a Construction Agreement entered into by the Borrower and the Lender concerning the real property hereinabove described, then the construction agreement is hereby incorporated into this Security Instrument for all purposes and breach of the construction agreement shall be a default under this Security Instrument. AP# 9830237802 MLC 253 Special Provision Rider (09/29/00) Page 2 of 4 LN# 9830237802