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<br />200709402 <br /> <br />E. "BORROWER'S RIGHT TO R8NSTATE" DELETED. Section 19 is deleted. <br /> <br />F. BORROWER'S OCCUPANCY. Unless lender and Borrower otherwise agree in writing, <br />Section 6 concerning Borrower's occupancy of the Property is deleted. <br /> <br />G. ASSIGNM ENT OF LEASES. Upon lender's request after default, Borrower shall assign <br />to Lender all leases of the Property and all security deposits made in connection with 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 word "lease" shall mean "sublease" if the Security Instrument is on a <br />leasehold. <br /> <br />H. ASSIGNMENT OF RENTS; APPOINTMENT OF REC8VER; LENDER IN POSSESSION. <br />Borrower absolutely and unconditionally 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 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 />only those Rents actually received; 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 show ing 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 w ill 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 w hen 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 w hen 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 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 /> <br />07-10-000014 <br /> <br />Initials: rJl J; <br /> <br />VMP@-57R(0411).01 Page20f3 1<frm31701/01 <br />