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202300892
<br />Property and/or rights under this Security Instrument, including protecting and/or assessing the value of the Property,
<br />and securing and/or repairing the Property. Lender's actions may include, but are not limited to: (I) paying any sums
<br />secured by a lien that has priority or may attain priority over this Security Instrument; (II) appearing in court; and (III)
<br />paying: (A) reasonable attorneys' fees and costs; (B) property inspection and valuation fees; and (C) other fees
<br />incurred for the purpose of protecting Lender's interest in the Property and/or rights under this Security Instrument,
<br />including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
<br />exterior and interior inspections of the Property, entering the Property to make repairs, changing locks, replacing or
<br />boarding up doors and windows, draining water from pipes, eliminating building or other code violations or dangerous
<br />conditions, and having utilities turned on or off. Although Lender may take action under this Section 9, Lender is not
<br />required to do so and is not under any duty or obligation to do so. Lender will not be liable for not taking any or all
<br />actions authorized under this Section 9.
<br />(b) Avoiding Foreclosure; Mitigating Losses. If Borrower is in Default, Lender may work with Borrower to
<br />avoid foreclosure and/or mitigate Lender's potential losses, but is not obligated to do so unless required by Applicable
<br />Law. Lender may take reasonable actions to evaluate Borrower for available alternatives to foreclosure, including, but
<br />not limited to, obtaining credit reports, title reports, title insurance, property valuations, subordination agreements, and
<br />third -party approvals. Borrower authorizes and consents to these actions. Any costs associated with such loss
<br />mitigation activities may be paid by Lender and recovered from Borrower as described below in Section 9(c), unless
<br />prohibited by Applicable Law.
<br />(c) Additional Amounts Secured. Any amounts disbursed by Lender under this Section 9 will become
<br />additional debt of Borrower secured by this Security Instrument. These amounts may bear interest at the Note rate
<br />from the date of disbursement and will be payable, with such interest, upon notice from Lender to Borrower requesting
<br />payment.
<br />(d) Leasehold Terms. If this Security Instrument is on a leasehold, Borrower will comply with all the provisions
<br />of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title will not merge unless Lender
<br />agrees to the merger in writing.
<br />10. Assignment of Rents.
<br />(a) Assignment of Rents. If the Property is leased to, used by, or occupied by a third party ("Tenant"), Borrower
<br />is unconditionally assigning and transferring to Lender any Rents, regardless of to whom the Rents are payable.
<br />Borrower authorizes Lender to collect the Rents, and agrees that each Tenant will pay the Rents to Lender. However,
<br />Borrower will receive the Rents until (i) Lender has given Borrower notice of Default pursuant to Section 26, and (ii)
<br />Lender has given notice to the Tenant that the Rents are to be paid to Lender. This Section 10 constitutes an absolute
<br />assignment and not an assignment for additional security only.
<br />(b) Notice of Default. If Lender gives notice of Default to Borrower: (i) all Rents received by Borrower must be
<br />held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security
<br />Instrument; (ii) Lender will be entitled to collect and receive all of the Rents; (iii) Borrower agrees to instruct each
<br />Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Lender's written demand to the Tenant; (iv)
<br />Borrower will ensure that each Tenant pays all Rents due to Lender and will take whatever action is necessary to
<br />collect such Rents if not paid to Lender; (v) unless Applicable Law provides otherwise, all Rents collected by Lender
<br />will be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but
<br />not limited to, reasonable attorneys' fees and costs, receiver's fees, premiums on receiver's bonds, repair and
<br />maintenance costs, insurance premiums, taxes, assessments, and other charges on the Property, and then to any other
<br />sums secured by this Security Instrument; (vi) Lender, or any judicially appointed receiver, will be liable to account for
<br />only those Rents actually received; and (vii) Lender will be entitled to have a receiver appointed to take possession of
<br />and manage the Property and collect the Rents and profits derived from the Property without any showing as to the
<br />inadequacy of the Property as security.
<br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
<br />Page 9 of 18
<br />IDS, Inc. - 93193 Borrower(s) Initials _
<br />Form 3028 07/2021
<br />11EIRIAEM:1711111
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