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201100260
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1/13/2011 2:15:19 PM
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1/13/2011 2:15:16 PM
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DEEDS
Inst Number
201100260
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201100260 <br />(b) After thc occurrence of an Event of Default, Borrawer authorizes Lender to collect, <br />sue for and comprnmise Rents and directs each tenant of the Mortgaged Property to pay all Rents <br />to, or as directed by, Lender, and Borrower shall, upon Borrower's receipt of any Rents fram any <br />saurces (including, but not limited to subsidy payments under any Housing Assistance Payments <br />Cantraet), pay the total amount af such receipts to the Lender. However, until the occurrence of an <br />Event of D�fault, Leander hereby grants to Bor,rower a revocable license ta callect and receive all <br />Rents, to hold all Rents in trust for the bene�t af Lender and to apply all Rents to pay the <br />installments of interest and principal then due and payable under the Note and the other amounts <br />then du� and payable under the ather Loan Documents, including Irnpositian Deposits, and to pay <br />the cusrent costs and expenses af rnanaging, operating and maintauining the Mortgaged Property, <br />including utilities, 7'axes and insurance pr�miums (ta the extent not included in Imposition <br />Deposits), tenant improvements and other capital exp�nditur�s. So lang as no Event of Default has <br />occurred and is continuing, thc Rents remaining ai�er application pursuant to the preceding sentence <br />may be retained by Barrower free and cl�ar of, and released frvm, Lender's rights with respect to <br />Rents under this Instrument. From and after the occurrence of an Event of Default, and without the <br />necessity af Lender entering upon and takittg and maintaining control of the Martgaged Praperty <br />directly, or by a receiver, Borrower's license ta callect Rents shall automatically t�rminate and <br />Lender shall without notice be entitled to all Rents as they become due and payable, including <br />Rents then due and unpaid. Bonower shall pay to Lender upan demand all Rents to which Lend�r <br />is entitled. At any time on ar after the date of Gender's demand for Rents, Lender may give, and <br />Borrovver hereby irrevocably authorizes L�nder to give, notice to all tenants of the Mortgaged <br />Property instructing thern to pay all Rents to Lender, na tenant shall be obligated to inquire ftirther <br />as to the occurrence or continuance of an Event af Default, and no tenant shall be obligated to pay <br />ta Borrower any amount� which aze actually paid to Lender in respanse to such a notice. Any such <br />notice by Lender shall be delivered to each tenant personally, by mail or by deliv�ring such demand <br />to each rental unit. Borrawer shall not interfcre with and shall cooperate with Lender's callection of <br />such Rents. <br />(c) �orrower represents and warrants to Lcnder that Borrower ha5 nat executed any <br />prior assignment of Rents (other than an assignment of Rents securing indebtedness that will be <br />paid off and discharged with the proceeds of the loan evidenced by the Note), that Borrower has not <br />performed, and Borrower cavenants and agrees that it will not perform, any acts and has not <br />executed, and shall not execute, any instrument which would prevent Lender from exercisin� its <br />rights under this Section 3, and that at the time of execution of this Instrument there has been no <br />anticipatian or prepayment of any Rents for more than two months prior ta the due dates of such <br />Rents. Barrower shall not coll�ct or acccpt payment of any Rents mare than twa months prior ta <br />the duc dates aF such Rents. <br />(d) If an Event of Default has accurred and is cantinuin�, Lender may, regardless of the <br />adequacy of Lender's security or the solvency of Borrower and even in the absence of waste, enter <br />upon and take and maintain full control of the Mortgaged Property in order to perform all acts that <br />Lender in its discretion determines to be necessary or desirable for the operation and maintenance <br />of the Mortgaged Property, including the execution, can�ellatian ar modification af Leases, the <br />FANNiE MAE MULTIF'AMILY SECURITY INSTRUMENT - Form 4028 Q6/09 Pa�e 8 <br />Nl:BRASKA <br />� 1997-2004 Fannic Mae <br />
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