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200605786
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6/28/2006 4:07:20 PM
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6/28/2006 4:07:18 PM
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DEEDS
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200605786
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<br />200605786 <br /> <br />E. "BORRONER'S RIGHT TO RENSTATE" DELETED. Section 19 is deleted. <br /> <br />F. BORRONER'S OCCUPANCY. Unless Lender and Borrowe r otherwis e agree in wr iting, <br />Section 6 concerning Borrowe r' s occupancy of the Property is deleted. <br /> <br />G. ASSIGNM ENT OF LEASES. Upon Lender's request after default, Borrowe r shall assign <br />to Lender all leases of the Property and all security deposits made in connection wit h leases <br />of the Property. Upon the assignment, Lender shall have the right to modify, extend or <br />terminate the existing leases and to execute new leases, in Lender's sole discretion. As used <br />in this paragraph G, the wor d "lease" shall mean" sublease" if the Security Instrument is on a <br />leasehold. <br /> <br />H. ASSIGNM ENT OF RENTS; APPOINTM ENT OF RECEWER; LENDER IN POSSESSON. <br />Borrowe r absolut ely and uncondi tionally assigns and transfers to lender all the rents and <br />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 <br />each tenant of the Property shall pay the Rents to lender or lender's agents. However, <br />Borrower shall receive the Rents until: (i) lender has given Borrower notice of default <br />pursuant to Section 22 of the Security Instrument, and ~ii) lender has given notice to the <br />tenant(s) that the Rents are to be paid to lender or lender s agent. This assignment of Rents <br />constitutes an absolute assignment and not an assignment for additional security only. <br />If lender gives not ice of default to Borrowe r: (I) all Rents received by Borrowe r 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 wr itten 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 cont rol 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 anYd'udiC ially appoint ed receiver shall be liable to account for <br />only those Rents actually receive ; and (vi) lender shall be entitled to have a receiver <br />appoint ed to take possession of and manage the Property and collect the Rents and profits <br />derived from the Property wit hout 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 Borrowe r to lender secured by the Security <br />Instrument pursuant to Section 9. <br />Borrowe r represents and wa rrants that Borrowe r 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 whe n a default occurs. Any application of Rents shall not cure or wa ive any <br />default or invalidate any other right or remedy of lender. This assignment of Rents of the <br />Property shall terminate whe n all the sums secured by the Security Instrument are paid in full. <br /> <br />I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or <br />agreement in whic h Lender has an interest shall be a breach under the Security Instrument <br />and lender may invok e any of the remedies permitted by t he Security Instrument. <br /> <br />e-S7R(0411) <br /><OJ <br /> <br />Page 2 of 3 <br /> <br />Q6-041407 <br /> <br />Initia~~;v <br />. Form 31!J 1/01 <br />
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