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202404691
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Last modified
9/23/2024 3:28:54 PM
Creation date
9/23/2024 3:26:33 PM
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DEEDS
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202404691
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202404691 <br />LOAN #: 67743 <br />E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. <br />F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree <br />in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. <br />G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower <br />shall assign to Lender all leases of the Property and all security deposits made in <br />connection with leases of the Property. Upon the assignment, Lender shall have <br />the right to modify, extend or terminate the existing leases and to execute new <br />leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" <br />shall mean "sublease" if the Security Instrument is on a leasehold. <br />H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN <br />POSSESSION. Borrower absolutely and unconditionally assigns and transfers to <br />Lender all the rents and revenues ("Rents") of the Property, regardless of to whom <br />the Rents of the Property are payable. Borrower authorizes Lender or Lender's <br />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 <br />until (i) Lender has given Borrower notice of default pursuant to Section 22 of the <br />Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents <br />are to be paid to Lender or Lender's agent. This assignment of Rents constitutes <br />an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of default to Borrower: (1) all Rents received by Borrower <br />shall be held by Borrower as trustee for the benefit of Lender only, to be applied to <br />the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect <br />and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant <br />of the Property shall pay all Rents due and unpaid to Lender or Lender's agents <br />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 <br />the costs of taking control of and managing the Property and collecting the Rents, <br />including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's <br />bonds, repair and maintenance costs, insurance premiums, taxes, assessments <br />and other charges on the Property, and then to the sums secured by the Security <br />Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall <br />be liable to account for only those Rents actually received; and (vi) Lender shall <br />be entitled to have a receiver appointed to take possession of and manage the <br />Property and collect the Rents and profits derived from the Property without any <br />showing as to the inadequacy of the Property as security. <br />If the Rents of the Property are not sufficient to cover the costs of taking control <br />of and managing the Property and of collecting the Rents any funds expended <br />by Lender for such purposes shall become indebtedness of Borrower to Lender <br />secured by the Security Instrument pursuant to Section 9. <br />Borrower represents and warrants that Borrower has not executed any prior <br />assignment of the Rents and has not performed, and will not perform, any act that <br />would prevent Lender from exercising its rights under this paragraph. <br />Lender, or Lender's agents or a judicially appointed receiver, shall not be <br />required to enter upon, take control of or maintain the Property before or after giving <br />notice of default to Borrower. However, Lender, or Lender's agents or a judicially <br />appointed receiver, may do so at any time when a default occurs. Any application <br />of Rents shall not cure or waive any default or invalidate any other right or remedy <br />of Lender. This assignment of Rents of the Property shall terminate when all the <br />sums secured by the Security Instrument are paid in full. <br />I. CROSS -DEFAULT PROVISION. Borrower's default or breach under any note <br />or agreement in which Lender has an interest shall be a breach under the Security <br />Instrument and Lender may invoke any of the remedies permitted by the Security <br />Instrument. <br />MULTISTATE 1-4 FAMILY RIDER --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />ICE Mortgage Technology, Inc. Page 2 of 3 <br />Form 3170 1/01 <br />F317ORDU 0307 <br />F317ORLU (CLS) <br />
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