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200405396
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Last modified
10/16/2011 4:46:52 PM
Creation date
10/21/2005 1:43:13 AM
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DEEDS
Inst Number
200405396
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200405396 <br />D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss <br />in addition to the other 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 <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 connection <br />with leases of the Property. Upon the assignment, Lender shall have the right to modify, <br />extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. <br />As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument <br />is on a leasehold. <br />H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN <br />POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender <br />all the rents and revenues ( "Rents ") of the Property, regardless of to whom the Rents of the <br />Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and <br />agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. <br />However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of <br />default pursuant to Section 22 of the Security Instrument and (ii) Lender has given notice to the <br />tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents <br />constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be <br />held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured <br />by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents <br />of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due <br />and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) <br />unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall <br />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 <br />bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges <br />on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's <br />agents or any judicially appointed receiver shall be liable to account for only those Rents <br />actually received; and (vi) Lender shall be entitled to have a receiver appointed to take <br />possession of and manage the Property and collect the Rents and profits derived from the <br />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 <br />managing the Property and of collecting the Rents any funds expended by Lender for such <br />purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument <br />pursuant to Section 9. <br />Borrower represents and warrants that Borrower has not executed any prior assignment of <br />the Rents and has not performed, and will not perform, any act that would prevent Lender from <br />exercising its rights under this paragraph. <br />MULTISTATE 1 -4 FAMILY RIDER DocMagiceEToa 800- 649 -1362 <br />Fannie Mae /Freddie Mac UNIFORM INSTRUMENT www.docmagic.com <br />Form 3170 1/01 Page 2 of 3 <br />
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