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200503280
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Last modified
10/17/2011 4:40:16 AM
Creation date
10/28/2005 10:26:46 AM
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DEEDS
Inst Number
200503280
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200503280 <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 shall <br />assign to Lender all leases of the Property and all security deposits made in connection with <br />leases of the Property. Upon the assignment, Lender shall have the right to modify, extend <br />or terminate the existing leases and to execute new leases, in Lender's sole discretion. As <br />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 all <br />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, <br />and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's <br />agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower <br />notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given <br />notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This <br />assignment of Rents constitutes an absolute assignment and not an assignment for <br />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 <br />due and unpaid to ender or Lender's agents upon Lender's written demand to the tenant; <br />(iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's <br />agents shall be applied first to the costs of taking control of and managing the Property and <br />collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums <br />on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, <br />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 <br />be liable to account for only those Rents actually received; and (vi) Lender shall be entitled <br />to have a receiver appointed to take possession of and manage the Property and collect the <br />Rents and profits derived from the Property without any showing as to the inadequacy of the <br />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 <br />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 to <br />enter upon, take control of or maintain the Property before or after giving notice of default to <br />Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do <br />so at any time when a default occurs. Any application of Rents shall not cure or waive any <br />default or invalidate any other right or remedy of Lender. This assignment of Rents of the <br />Property shall terminate when all the sums secured by the Security Instrument are paid in <br />full. <br />0052660545 Initials: <br />57R (0411) Page 2 of 3 0 1101 <br />r� j <br />
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