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201003462
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5/21/2010 2:41:51 PM
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5/21/2010 2:41:50 PM
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201003462
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2Q~.003462 <br />(F) Borrower's Occupancy. With regard to non-owner occupied investment properties, the first <br />sentence in Uniform Covenant 6 (or if this Rider is attached to an FHA Security Instrument, the first <br />two sentences in Uniform Covenant 5) concerning Borrower's occupancy of the Property is (are) <br />deleted. <br />(G) Assignment of Leases. Upon Lender's request after default, Borrower shall assign to Lender <br />all leases of the Property and all security deposits made in connection with leases of the Property. <br />Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases <br />and to execute new leases, in .Lender's sole discretion. As used in this paragraph G, the word "lease" <br />shall mean "sublease" if the Security Instrument is on a leasehold. <br />(H) Assignment of Rents; Appointment of Receiver; Lender in Possession. Borrower <br />absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") <br />of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes <br />Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay <br />the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender <br />has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender <br />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 default to Borrower: (i) all Rents received by Borrower shall be held by <br />Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security <br />Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) <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, attorney's <br />fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, <br />taxes, assessments and other charges on the Froperty, and then to the sums secured by the Security <br />Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account <br />for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed <br />to take possession of and manage the Property and collect the Rents and profits derived from the <br />Property without any showing as 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 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. <br />rights under this paragraph. <br />Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take <br />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 />1481712130 <br />MULTISTATE 1-4 FAMILY RIDER - Fannie Mae/Freddle Mec UNIFORM INSTRUMENT ~Orm 3170 1/01 <br />VMP~ <br />Woltera Kluwer Financial Services 201005133.5.0.0.4002201o0128Y Initial . Page 2 of 3 <br />• T 1 <br />
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