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200316217 <br />Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's <br />agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents <br />collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing <br />the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, <br />premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and <br />other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, <br />Lender's agents or any 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 possession of and manage <br />the Property and collect the Rents and profits derived from the Property without any showing as to the <br />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 <br />indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. <br />Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents <br />and has not performed, and will not perform, any act that would prevent Lender from exercising its rights <br />under this paragraph. <br />Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, <br />take control of or maintain the Property before or after giving notice of default to Borrower. However, <br />Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. <br />Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of <br />Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security <br />Instrument are paid in full. <br />I. CROSS - DEFAULT PROVISION. Borrower's default or breach under any note or agreement in <br />which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of <br />the remedies permitted by the Security Instrument. <br />229628 <br />Initials:_k_zL_/ <br />(M®57R (0008) Page 3 of 4 Form 3170 1101 <br />