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200801606
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Last modified
2/27/2008 4:32:24 PM
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2/27/2008 4:32:22 PM
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DEEDS
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200801606
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<br />200801606 <br /> <br />IN# 4200055 <br /> <br />G. ASSIGNMENT OF LEASES. Upon Lender's request, after default, Borrower shall 8sslgn to <br />Lender all leases of the Property and all security deposits made In connection with leases of the <br />Property. Upon the assignment, lender shall have the right to modify, extend or terminate the existing <br />leases and to execute new leases, In Lender's sole discretion. As used in this paragraph G, the word <br />"lease" shall mean 'sublease" if the Security Instrument is on a leasehold. <br /> <br />H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. <br />Borrower absolutely and unconditionally assigns end transfers to Lender all the rents and revenues <br />("Rents.) of the Property, regardless of to whom the Rents of the Property are payable. Borrower <br />authorizes lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property <br />shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) <br />lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) <br />Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or lender's agent. This <br />assignment of Rents constitutes an absolute assignment and not an assignment for additional security <br />only. <br />If Lender gives notice of breach to Borrower: (I) all Rents received by Borrower shall be hek:l by <br />Borrower as trustee for the benefit of lender only, to be applied to the sums secured by the Securi~ <br />Instrument; (Ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iil) <br />Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or <br />Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides <br />otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking <br />control of and managing the Property and collecting the Rents, Including, but not limited to, attorneys' <br />fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance <br />premiums, taxes, assessments and other charge5 on the Property, and then to the sums secured by <br />the Security Instrument: (v) Lender, Lender's agents or any judicially appointed receiver shall be liable <br />to actOunt for only those ~ents 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 derived <br />from the Property without any showing 8S to the 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 <br />the Property and of collecting the Rents any funds expended by lender for such purposes shall <br />become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section <br />9_ <br />Borrower represents and warrants that Borrower has not executed any prior assignment of the <br />Rents and has not performed, and will not perform any act that would prevent Lender from exercising <br />its rights 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 <br />occurs. Any application of Rents shaD not cure or waive any default or invalidate any other right or <br />remedy of Lender. This assignment of Rente of the Property shall terminate when all the sums secured <br />by the Security Instrument are paid in full. <br /> <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 <br />any of the remedies permitted by the Security Instrument. <br /> <br />P.g"~ of 3 <br /> <br />F::'~ <br />X~ <br /> <br />Wl\1l'>n"~lJ:,:~",.!~,,"1nl'll 'it:,,',' "~~''';~O:-I ~/'~\III"lIRIMlMWllfll'\' <br />
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