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202304923 <br />8. Borrower's Loan Application. Borrower will be in Default if, during the Loan application process, <br />Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or consent gave <br />materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with <br />material information) in connection with the Loan, including, but not limited to, overstating Borrower's income or <br />assets, understating or failing to provide documentation of Borrower's debt obligations and liabilities, and <br />misrepresenting Borrower's occupancy or intended occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. <br />(a) Protection of Lender's Interest. If: (i) Borrower fails to perform the covenants and agreements contained in <br />this Security Instrument; (ii) there is a legal proceeding or government order that might significantly affect Lender's <br />interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for <br />condemnation or forfeiture, for enforcement of a lien that has priority or may attain priority over this Security <br />Instrument, or to enforce laws or regulations); or (iii) Lender reasonably believes that Borrower has abandoned the <br />Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the <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 />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 <br />Page 9 of 18 •_ <br />IDS, Inc. - 93193 Borrower(s) Initials Umc KN\I <br />Iffl TitI Hl <br />