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(b) Lender shall have the right to foreclose subject to the rights of any tenant or tenants of the Mortgaged Property having an interest in the Mortgaged Property prior to that of Lender. The failure to join any such tenant or tenants of the Mortgaged Property as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by Borrower as a defense in any civil action instituted to collect the Indebtedness, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Mortgaged Property, any statute or rule of law at any time existing to the contrary notwithstanding. 8. Notice. 201210062 (a) Borrower requests that copies of the notice of an Event of Default and notice of sale be sent to Borrower at Borrower's address stated below Borrower's signature block of this Security Instrument. All notices under this Security Instrument shall be: (1) in writing, and shall be (A) delivered, in person, (B) mailed, postage prepaid, either by registered or certified delivery, return receipt requested, or (C) sent by overnight express courier; (2) addressed to the intended recipient at its respective address set forth at the end of this Security Instrument; and (3) deemed given on the earlier to occur of: (A) the date when the notice is received by the addressee; or (B) if the recipient refuses or rejects delivery, the date on which the notice is so refused or rejected, as conclusively established by the records of the United States Postal Service or such express courier service. (b) Any party to this Security Instrument may change the address to which notices intended for it are to be directed by means of notice given to the other party in accordance with this Section 8. (c) Any required notice under this Security Instrument which does not specify how notices are to be given shall be given in accordance with this Section 8. 9. Mortgagee -in- Possession. Borrower acknowledges and agrees that the exercise by Lender of any of the rights conferred in this Security Instrument shall not be construed to make Lender a mortgagee -in- possession of the Mortgaged Property so long as Lender has not itself entered into actual possession of the Land and Improvements. Fannie Mae Multifamily Security Instrument Form 6025.NE Nebraska 06-12 Prepared by RoboDocs® Page 14 © 2012 Fannie Mae