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200502126
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Last modified
10/17/2011 3:01:39 AM
Creation date
10/28/2005 10:10:52 AM
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DEEDS
Inst Number
200502126
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200502126 <br />LOAN #: 648125015 <br />E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. <br />F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in <br />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 <br />connection with leases of the Property. Upon the assignment, Lender shall have the <br />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 <br />"sublease" if the Security Instrument is on a leasehold. <br />H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN <br />POSSESSION. Borrower absolutely and unconditionally assigns and transfers to <br />Lender all the rents and revenues ( "Rents ") of the Property, regardless of to whom the <br />Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to <br />collect the Rents, and agrees that each tenant of the Property shall pay the Rents to <br />Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender <br />has given Borrower notice of default pursuant to Section 22 of the Security Instrument <br />and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender <br />or Lender's agent. This assignment of Rents constitutes an absolute assignment and <br />not an assignment for additional security only. <br />If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall <br />be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums <br />secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive <br />all oftheRentsoftheProperty; ( iii) Borrower agrees that each tenant of the Propertyshall <br />pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written <br />demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected <br />by Lender or Lender's agents shall be applied first to the costs of taking control of and <br />managing the Property and collecting the Rents, including, but not limited to, attorney's <br />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 <br />to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any <br />judicially appointed receiver shall be liable to account for only those Rents actually <br />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 <br />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 <br />and managing the Property and of collecting the Rents any funds expended by Lender <br />for such purposes shall become indebtedness of Borrower to Lender secured by the <br />Security Instrument pursuant to Section 9. <br />Borrower represents and warrants that Borrower has not executed any prior <br />assignment of the Rents and has not performed, and will not perform, any act that would <br />prevent Lender from exercising its rights under this paragraph. <br />Lender, or Lender's agents or a judicially appointed receiver, shall not be required <br />to enter upon, take control of or maintain the Property before or after giving notice of <br />default to Borrower. However, Lender, or Lender's agents or a judicially appointed <br />receiver, may do so at any time when a default occurs. Any application of Rents shall <br />not cure or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of Rents of the Property shall terminate when all the sums secured by the <br />Security Instrument are paid in full. <br />I. CROSS - DEFAULT PROVISION. Borrower's default or breach under any note <br />or agreement in which Lender has an interest shall be a breach under the Security <br />Instrument and Lender may invoke any of the remedies permitted by the SecurL'tv- <br />Instrument. <br />Initials: Ji—i!iv <br />MULTISTATE 1 -4 FAMILY RIDER -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 31701/01 <br />O 1999 -2004 Online Documents, Inc. Page 2 Of 3 F3170RDU 0412 <br />03 -08 -2005 14:41 <br />
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