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202306219 <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, <br />but 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 <br />for only those Rents actually received; and (vii) Lender will be entitled to have a receiver appointed to take possession <br />of and manage the Property and collect the Rents and profits derived from the Property without any showing as to <br />the inadequacy of the Property as security. <br />(c) Funds Paid by Lender. If the Rents are not sufficient to cover the costs of taking control of and managing <br />the Property and of collecting the Rents, any funds paid by Lender for such purposes will become indebtedness of <br />Borrower to Lender secured by this Security Instrument pursuant to Section 9. <br />(d) Limitation on Collection of Rents. Borrower may not collect any of the Rents more than one month in <br />advance of the time when the Rents become due, except for security or similar deposits. <br />(e) No Other Assignment of Rents. Borrower represents, warrants, covenants, and agrees that Borrower has <br />not signed any prior assignment of the Rents, will not make any further assignment of the Rents, and has not <br />performed, and will not perform, any act that could prevent Lender from exercising its rights under this Security <br />Instrument. <br />(1) Control and Maintenance of the Property. Unless required by Applicable Law, Lender, or a receiver <br />appointed under Applicable Law, is not obligated to enter upon, take control of, or maintain the Property before or <br />after giving notice of Default to Borrower. However, Lender, or a receiver appointed under Applicable Law, may <br />do so at any time when Borrower is in Default, subject to Applicable Law. <br />(g) Additional Provisions. Any application of the Rents will not cure or waive any Default or invalidate any <br />other right or remedy of Lender. This Section 10 does not relieve Borrower of Borrower' s obligations under Section <br />6. <br />This Section I0 will terminate when all the sums secured by this Security Instrument are paid in full. <br />11. Assignment and Application of Miscellaneous Proceeds; Forfeiture. <br />(a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the right to receive all <br />Miscellaneous Proceeds to Lender and agrees that such amounts will be paid to Lender. <br />(b) Application of Miscellaneous Proceeds upon Damage to Property. If the Property is damaged, any <br />Miscellaneous Proceeds will be applied to restoration or repair of the Property, if Lender deems the restoration or <br />repair to be economically feasible and Lender' s security will not be lessened by such restoration or repair. During such <br />repair and restoration period, Lender will have the right to hold such Miscellaneous Proceeds until Lender has had <br />an opportunity to inspect the Property to ensure the work has been completed to Lender' s satisfaction (which may <br />include satisfying Lender' s minimum eligibility requirements for persons repairing the Property, including, but not <br />limited to, licensing, bond, and insurance requirements) provided that such inspection must be undertaken promptly. <br />Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work <br />is completed, depending on the size of the repair or restoration, the terms of the repair agreement, and whether <br />Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person <br />repairing or restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing or <br />Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender will not be required to pay <br />Borrower any interest or earnings on such Miscellaneous Proceeds. If Lender deems the restoration or repair not to <br />be economically feasible or Lender' s security would be lessened by such restoration or repair, the Miscellaneous <br />Proceeds will be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, <br />if any, paid to Borrower. Such Miscellaneous Proceeds will be applied in the order that Partial Payments are applied <br />in Section 2(b). <br />NEBRASKA FHA DEED OF TRUST - MERS *DocMagic <br />NEDOTZ2N.FHA 01/24/23 <br />Page 10 of 18 <br />