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201108736
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11/22/2011 9:05:43 AM
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11/22/2011 9:05:42 AM
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201108736
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1-4 FAMILY RIDER 2 0110 8 7 3 6 <br />Loan No: 101245429 (Continued) Page 2 <br />E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. <br />F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section <br />6 concerning Borrower's occupancy of the Property is deleted. <br />G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shail assign to <br />Lender 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 and to <br />execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean <br />"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") of the <br />Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or <br />Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to <br />Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower <br />notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the <br />tenantls) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an <br />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 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) Borrower <br />agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon <br />Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by <br />Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property <br />and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's <br />bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the <br />Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's egents or any <br />judicially appointed receiver shall be liable to account tor only those Rents actually received; and (vi) Lender <br />shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the <br />Rents and profits derived from the Property without 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 managing <br />the Property and of collecting the Rents any funds expended by Lender for such purposes shell 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 rights <br />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, Lender or <br />Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any <br />application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are <br />paid in full. <br />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 any of <br />the remedies permitted by the Security Instrument. <br />MULTISTATE 1-4 FAMILY RIDER --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Form 3770 1/01 (Page 2 of 3) <br />
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