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200203694
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Last modified
10/14/2011 8:02:24 PM
Creation date
10/22/2005 6:04:26 PM
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DEEDS
Inst Number
200203694
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200203694 Loan No. 4190823 -30784 <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 />IL 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 the Rents until (i) Lender has given Borrower notice of default <br />pursuant to paragraph 21 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 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) 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, attorneys' 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 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 of and managing the <br />Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness <br />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 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 <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 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 of Lender. This assignment of <br />Rents 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 Security Instrument. <br />BY GNI BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1 -4 <br />Family <br />(Seal) (Seal) <br />WIS H. KROEG - Borrower DEBRA KRO G R - Borrower <br />(Seal) <br />- Borrower <br />(Seal) <br />- Borrower <br />-157 (9304) Page z of z Form 3170 3193 <br />1057-2 (0524/99) PC <br />
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