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200503956 <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 <br />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, assessments <br />and other charges on the Property, and then to the sums secured by the Security Instrument; <br />(v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for <br />ive d <br />only those Rents actually rece; and (vi) Lender shall be entitled to have a receiver <br />appointed to take possession of and manage the Property and collect the Rents and profits <br />derived from the Property without any showing as to the inadequacy of the Property as <br />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 assignment <br />of the Rents and has not performed, and will not perform, any act that would prevent Lender <br />from exercising its rights under this paragraph. <br />Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter <br />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 so <br />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 full. <br />1. CROSS - DEFAULT PROVISION. Borrower's default or breach under any note or <br />agreement in which Lender has an interest shall be a breach under the Security Instrument <br />and Lender may invoke any of the remedies permitted by the Security Instrument. <br />Initials: <br />V -57 R (0411) Page 3 of 4 Form 3170 1/01 <br />