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200602356
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Last modified
3/17/2006 1:25:00 PM
Creation date
3/17/2006 1:24:58 PM
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DEEDS
Inst Number
200602356
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<br />200602356 <br /> <br />of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate <br />the existing leases and to execute new leases, in Lender's sole discretion. As used in this <br />paragraph G, the word "lease" shall mean "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 Lender all the <br />rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are <br />payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each <br />tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall <br />receive the Rents until (i) Lender has given Borrower notice of default pursuant to Section 22 of <br />the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be <br />paid to Lender 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 be <br />held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by <br />the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the <br />Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid <br />to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable <br />law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to <br />the costs of taking control of and managing the Property and collecting the Rents, including, but <br />not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and <br />maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and <br />then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially <br />appointed receiver shall be liable to account for only those Rents actually received; and <br />(vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the <br />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 <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 Instrument <br />pursuant to Section 9. <br />Borrower represents and warrants that Borrower has not executed any prior assignment of <br />the Rents and has not perfonned, and will not perfonn, any act that would prevent Lender from <br />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 Borrower. <br />However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time <br />when a default occurs. Any application of Rents shall not cure or waive any default or invalidate <br />any other right or remedy of Lender. This assignment of Rents of the Property shall tenninate <br />when all the sums secured by the Security Instrument are paid in full. <br />I. 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 and <br />Lender may invoke any of the remedies pennitted by the Security Instrument. <br /> <br />MULTISTATE 1.4 FAMILY RIDER-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT <br /> <br />Form 31701/01 <br /> <br />ITEM 1790L2 (0011) <br /> <br />( Page 2 of 3 pages) <br /> <br />GREATLAND. <br />To Order Call: 1.800.530-93930 Fax: 616.791-1131 <br />
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