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99110575
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Last modified
3/13/2012 7:54:42 PM
Creation date
10/21/2005 1:15:25 AM
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DEEDS
Inst Number
99110575
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99 110575 � ' <br /> G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign to Lender all leases of <br /> the Property and all security deposits made in connection with leases of the Property. Upon the assignment, <br /> Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in <br /> Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security <br /> 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") <br /> of the Property, regazdless 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 <br /> or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of <br /> default pursuant to paragraph 21 of the Security Instrument and (ii) Lender has given notice to the tenant(s) <br /> that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute <br /> 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 Borrower <br /> as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) <br /> Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each <br /> � tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written <br /> demand to [he tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's <br /> agents shall be applied first to the costs of taking control of and managing the Property and collecting the <br /> Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and <br /> maintenance costs, insurance premiums, taaces, assessments and other charges on the Property, and then to the <br /> sums 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 to have a <br /> receiver appointed to take possession of and manage the Property and collect the Rents and profits derived <br /> from the Property without any 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 <br /> Property and of collecting the Rents any funds expended by Lender for such purposes shall become <br /> indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 7. <br /> Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and <br /> has not and will not perform any act that would prevent Lender from exercising its rights under this <br /> pazagraph. <br /> Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take ' <br /> control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or <br /> Lender's agents or a judicially appointed receiver, may do so a[ any time when a default occurs. Any <br /> application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. <br /> This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument <br /> are paid in full. <br /> I. CROSS-DEFAULT PROVISION. Borrower's defaul[ 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 <br /> remedies permitted by the Security Instrument. <br /> BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 <br /> Family Rider. <br /> ��� (Seal) <br /> (Seal) <br /> LUE J A AN JR -Borrower -eorrower <br /> � � � (Seal) (Seal) <br /> MARG T V ALLAN -Borrower -Borrower <br /> MULTISTATE 1-4 FAMILY RIDER-Fannie Mae/Freddie Mac Uniform Instrument <br /> Form 3170 9/90 <br /> Laser Forms Inc.(800)446-3555 <br /> LFI#FNMA3170 1/99 Page 2 of 2 <br />
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