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200202233 RERECORtSED <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows- 200212578 <br />-17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the tents and revenues of the <br />Property. Borower authorizes Lender or Lender, agents to collect the rents and revenues and hereby directs each tenant of <br />the Property In pay the rents to Lcndcror Lender's auen[s. Hmvever, prior to Lender's notice to Borrower of Bonrower's breach <br />of any covenant or agreement in the Security Instrument Borrower shall collect and receive all reins and revenues of the <br />Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and <br />not an assignment for additional security only <br />If Lender gives notice of breach to Borrower (a) all rents received by Borrower shall be held by Borrower as trustee for <br />benefit of Lender only, to be applied to the sums secured by the Security Instrumenp (b) Lender shat) be entitled to collect and <br />re:ehe all of the [nuts of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or <br />Lender's agent on Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent <br />Lender from exercising its rights under this Paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach <br />to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of <br />rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the <br />Property shall terminate when the debt secured by the Security Instrument is paid in hall. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this <br />Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies <br />provided in this Paragraph IS, including, but not limited to, reasonable arm neysTees and costs of title evidence. <br />If the power of sale is invoked, 'Trustee shall record a notice of default in each county in which any part of the Property is <br />tocamJ and ,hall marl atpicn of Inch notice In the manner prescribed by applicable law to Borrower and to the other persons <br />prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons <br />and Sa the mantmr p...... bed by applicable law. Trustee, without demand on Borrower, shall sell the Properly at public <br />auction to the highest bidder at the time and place and under the reins designated in the notice of sale In one or more parcels <br />and in my order Trustee determines. Trustee may postpone sale of all or any parcel of this Property by public announcement <br />at are utnc an place of any prevrously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver nt the purchaser Trustee`s deed conveving the Pn.peny- <br />Ihe ¢ci WII in the I us2es deed shall be prima facie evidence of the truth of the ,statement' made therein. 'f rustee shall apply <br />the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, <br />including the payment of the Trustee's fees actually incurred, not to exceed S 9r of the principal amount of the note at the time <br />A the declaration of detain, and reasonable attorneys' fees as permitted by law: (b) to all sums secured by this Security <br />Insuumenr, and (c) any excess to the persons legally entitled to it. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary required immediate payment <br />in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage <br />Foreclosure Act of 1994 ( "Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act <br />to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the <br />Se,etap of airy rights otherwise available to a Lender under this Paragraph I8 or applicable law. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation costs. <br />20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br />am IYustec appointed hereunder by an instrument nx:ordcd in the county in which this Security Instrument is recorded. <br />Without conveyance of the Property, [fie successor trustee shall succeed to all the title, power and duties cotened upon 'h usrec <br />herein and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />which is the Property Address. <br />°oroo.o I. cox rrzturrsana P f6 <br />oge5 o <br />