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202306647 <br />(c) Funds Paid by Lender. If the Rents are not sufficient to cover the costs of taking control of and managing the <br />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 not <br />signed any prior assignment of the Rents, will not make any further assignment of the Rents, and has not performed, <br />and will not perform, any act that could prevent Lender from exercising its rights under this Security Instrument. <br />(f) 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 do so <br />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 other <br />right or remedy of Lender. This Section 10 does not relieve Borrower of Borrower's obligations under Section 6. <br />This Section 10 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 an <br />opportunity to inspect the Property to ensure the work has been completed to Lender's satisfaction (which may include <br />satisfying Lender's minimum eligibility requirements for persons repairing the Property, including, but not limited to, <br />licensing, bond, and insurance requirements) provided that such inspection must be undertaken promptly. Lender may <br />pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed, depending on the size of the repair or restoration, the terms of the repair agreement, and whether Borrower <br />is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or <br />restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing or Applicable Law <br />requires interest to be paid on such Miscellaneous Proceeds, Lender will not be required to pay Borrower any interest <br />or earnings on such Miscellaneous Proceeds. If Lender deems the restoration or repair not to be economically feasible <br />or Lender's security would be lessened by such restoration or repair, the Miscellaneous Proceeds will be applied to the <br />sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such <br />Miscellaneous Proceeds will be applied in the order that Partial Payments are applied in Section 2(b). <br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value of the <br />Property. In the event of a total taking, destruction, or loss in value of the Property, all of the Miscellaneous Proceeds <br />will be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property (each, a "Partial Devaluation") where <br />the fair market value of the Property immediately before the Partial Devaluation is equal to or greater than the amount <br />of the sums secured by this Security Instrument immediately before the Partial Devaluation, a percentage of the <br />Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument unless Borrower and Lender <br />otherwise agree in writing. The amount of the Miscellaneous Proceeds that will be so applied is determined by <br />multiplying the total amount of the Miscellaneous Proceeds by a percentage calculated by taking (i) the total amount of <br />the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market value of the <br />Property immediately before the Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid to <br />Borrower. <br />FHA Nebraska Deed of Trust with MERS 01/2023 <br />Page 10 of 17 <br />IDS, Inc. - 101412 <br />Illkl�'�i��ll�l <br />