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200401547
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Last modified
10/16/2011 12:33:29 PM
Creation date
10/20/2005 11:32:18 PM
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DEEDS
Inst Number
200401547
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200401547 <br />D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other <br />hazards for which insurance is required by Section 5. <br />E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. <br />F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 <br />concerning Borrower's occupancy of the Property is deleted. <br />G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all <br />leases 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 new <br />leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the <br />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 ( "Rents ") of <br />the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or <br />Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or <br />Lender's agents. However, Borrower shall receive Rents until (i) Lender has given Borrower notice of default <br />pursuant to Section 22 of the 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 an absolute assignment and not <br />an assignment for additional security only. <br />If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as <br />trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender <br />shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the <br />Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the <br />tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be <br />applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but <br />not limited 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 secured by the <br />Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for <br />only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take <br />possession of and manage the Property and collect 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 of and managing the Property <br />and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of <br />Borrower to Lender secured by the Security Instrument pursuant to Section 9. <br />Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has <br />not performed, and will not perform, any act that would prevent Lender from exercising its rights under this <br />paragraph. <br />Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control <br />of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's <br />agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents <br />shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents <br />of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. <br />I. CROSS - DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which <br />Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies <br />permitted by the Security Instrument. <br />MULTISTATE 1 -4 FAMILY RIDER - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT <br />FNMA3170 (10 /00) Page 2 of 3 FORM 3170 1 /01 <br />
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