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2012Q��2w <br />actually paid to Lender in response to such a notice. Any such notice by Lender shall be <br />delivered to each tenant personally, by mail or by delivering such demand to each renta.l unit. <br />(d) From and after the occurrence of an Event of Default, Lender may, regardless of <br />the adequacy of Lender's security or the solvency of Borrower, and even in the absence of waste, <br />enter upon, take and maintain full control of the Mortgaged Property, and may exclude Borrower <br />and its agents and employees therefrom, in order to perform a11 acts that Lender, in its discretion, <br />determines to be necessary or desirable for the operation and maintenance of the Mortgaged <br />Property, including the execution, cancellation or modification of Leases, the collection of all <br />Rents (including through use of a lockbox, at Lender's election), the ma.king of repairs to the <br />Mortgaged Property and the execution or termination of contracts providing for the management, <br />operation or maintenance of the Mortgaged Property, for the purposes of enforcing this <br />assignment of Rents, protecting the Mortgaged Property or the security of this Security <br />Instniment and the Mortgage Loan, or for such other purposes as Lender in its discretion may <br />deem necessary or desirable. <br />(e) Notwithstanding any other right provided Lender under this Security Instrument <br />or any other Loan Document, if an Event of Default has occurred, and regardless of the adequa.cy <br />of Lender's security or Borrower's solvency, and without the necessity of giving prior notice <br />(oral or written) to Borrower, Lender may apply to any court having jurisdiction for the <br />appointment of a receiver for the Mortgaged Property to take any or all of the actions set forth in <br />Section 3. If Lender elects to seek the appointment of a receiver for the Mortgaged Property at <br />any time after an Event of Default has occurred, Borrower, by its execution of this Security <br />Instrument, expressly consents to the appointment of such receiver, including the appoinhnent of <br />a receiver ex paYte, if permitted by applicable law. Borrower consents to shortened time <br />consideration of a motion to appoint a receiver. Lender or the receiver, as applicable, shall be <br />entitled to receive a reasonable fee for managing the Mortgaged Property and such fee shall <br />become an additional part of the Indebtedness. Immediately upon appointment of a receiver or <br />Lender's entry upon and taking possession and control of the Mortgaged Property, possession of <br />the Mortgaged Property and all documents, records (including records on electronic or magnetic <br />media), accounts, surveys, plans, and specifications relating to the Mortgaged Property, and all <br />security deposits and prepaid Rents, shall be surrendered to Lender or the receiver, as applicable. <br />If Lender takes possession and control of the Mortgaged Property, Lender may exclude <br />Borrower and its representatives from the Mortgaged Property. <br />(� The acceptance by Lender of the assignments of the Leases and Rents pursuant to <br />this Section 3 shall not at any time or in any event obligate Lender to take any action under any <br />Loan Document or to expend any money or to incur any expense. Lender shall not be liable in <br />any way for any injury or damage to person or property sustained by any Person in, on or about <br />the Mortgaged Property. Prior to Lender's actual enhy upon and taking possession and control of <br />the Land and Improvements, Lender shall not be: <br />Fannie Mae Multifamily Security Instrument Form 6025.NE Page 9 <br />l�ebraska O1-11 O 2011 Fannie Mae <br />