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99110754
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Last modified
3/13/2012 7:59:23 PM
Creation date
10/21/2005 1:19:17 AM
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DEEDS
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99110754
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98— 1��'�OO$ RE RECORDEp <br /> �� 11a754 <br /> G.ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign to Lender all leases of the <br /> Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender <br /> shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole <br /> discretion. As used in this pazagraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a <br /> leasehold. <br /> H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. <br /> Borrower absolutely and unconditionally assigns and transfers to I.ender all the rents and revenues("Rents")of the <br /> Property, regardless of to whom 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 PropeRy shall pay the Rents to L.ender or Lender's <br /> agents.However,Borrower shall receive the Rents until(i)Lender has given Borrower notice of default pursuant to <br /> pazagraph 21 of the Security Instrument and (ri) Lender has given notice to the tenant(s) that the Rents are to be <br /> paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an <br /> assignment for additional security only. <br /> If Lender gives notice of breach to Borrower: (i)all Rents received by Borrower shall be held by Bonower as <br /> trustee for the benefit of Lender only,to be applied to the sums secured by the Se.curity Instrument; (ii)Lender shall <br /> be entided 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 not <br /> limited to, attorneys' fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance <br /> premiums, taxes, assessments 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 be liable to account for only those <br /> Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and <br /> manage the Property and collect the Rents and profits derived from the Property without any showing as to the <br /> 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 indebtedness of <br /> Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 7. <br /> Borrower represents and warrants that Bonower has not executed any prior assignment of the Rents and has <br /> not and will not perform any act that would prevent Lender from exercising its rights under this 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 of <br /> the Property shall terminate when all the sums secured by the Security Instrument are paid in full. <br /> I.CROSS-DEFAULT PROVISION. Bonower's default or breach under any note or q�r,ement in <br /> which 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 SIGNIIVG BELOW,Bonower accepts and agrees to the terms and provisions contained in this 1-4 Family <br /> Rider. <br /> � � (Seal) Y°�1_'_l��. 11. (Seal) <br /> THOMAS A STRAND -Borrower BRENDA L STRAND <br /> -Bonower <br /> �5�� �SC�� <br /> -Borrower -Borrower <br /> �-57 �s3oa�.o� Page 2 ot 2 Form 3170 3/93 <br /> -� <br /> : � <br /> .. 4x r� � i . . .�. <br />
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