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202400975 <br />LOAN #: 002399726 <br />(d) Leasehold Terms. If this Security Instrument is on a leasehold, Borrower will comply with all <br />the provisions of the lease. Borrower will not surrender the leasehold estate and interests conveyed or <br />terminate or cancel the ground lease. Borrower will not, without the express written consent of Lender, <br />alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee <br />title will not merge unless Lender 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'), <br />Borrower is unconditionally assigning and transferring to Lender any Rents, regardless of to whom the <br />Rents are payable. Borrower authorizes Lender to collect the Rents, and agrees that each Tenant will <br />pay the Rents to Lender. However, Borrower will receive the Rents until (i) Lender has given Borrower <br />notice of Default pursuant to Section 26, and (ii) Lender has given notice to the Tenant that the Rents <br />are to be paid to Lender. This Section 10 constitutes an absolute assignment and not an assignment for <br />additional security only. <br />(b) Notice of Default. If Lender gives notice of Default to Borrower: (i) all Rents received by Borrower <br />must be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by <br />the Security Instrument; (ii) Lender will be entitled to collect and receive all of the Rents; (iii) Borrower <br />agrees to instruct each Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Lender's <br />written demand to the Tenant; (iv) Borrower will ensure that each Tenant pays all Rents due to Lender and <br />will take whatever action is necessary to collect such Rents if not paid to Lender; (v) unless Applicable <br />Law provides otherwise, all Rents collected by Lender will be applied first to the costs of taking control of <br />and managing the Property and collecting the Rents, including, but not limited to, reasonable attorneys' <br />fees and costs, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance <br />premiums, taxes, assessments, and other charges on the Property, and then to any other sums secured <br />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 <br />possession of and manage the Property and collect the Rents and profits derived from the Property <br />without any showing as to 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 <br />managing the Property and of collecting the Rents, any funds paid by Lender for such purposes will <br />become indebtedness of 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 <br />month in 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 <br />Borrower has not signed any prior assignment of the Rents, will not make any further assignment of the <br />Rents, and has not performed, and will not perform, any act that could prevent Lender from exercising <br />its rights under this Security Instrument. <br />(f) Control and Maintenance of the Property. Unless required by Applicable Law, Lender, or a <br />receiver appointed under Applicable Law, is not obligated to enter upon, take control of, or maintain the <br />Property before or after giving notice of Default to Borrower. However, Lender, or a receiver appointed <br />under Applicable Law, may 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 <br />any other right or remedy of Lender. This Section 10 does not relieve Borrower of Borrower's obligations <br />under Section 6. <br />This Section 10 will terminate when all the sums secured by this Security Instrument are paid in full. <br />11. Mortgage Insurance. <br />(a) Payment of Premiums; Substitution of Policy; Loss Reserve; Protection of Lender. If <br />Lender required Mortgage Insurance as a condition of making the Loan, Borrower will pay the premiums <br />required to maintain the Mortgage Insurance in effect. If Borrower was required to make separately des- <br />ignated payments toward the premiums for Mortgage Insurance, and (i) the Mortgage Insurance cover- <br />age required by Lender ceases for any reason to be available from the mortgage insurer that previously <br />provided such insurance, or (ii) Lender determines in its sole discretion that such mortgage insurer is <br />no longer eligible to provide the Mortgage Insurance coverage required by Lender, Borrower will pay the <br />premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in <br />effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in <br />effect, from an alternate mortgage insurer selected by Lender. <br />If substantially equivalent Mortgage Insurance coverage is not available, Borrower will continue to pay <br />to Lender the amount of the separately designated payments that were due when the insurance cover- <br />age ceased to be in effect. Lender will accept, use, and retain these payments as a non-refundable loss <br />reserve in lieu of Mortgage Insurance. Such loss reserve will be non-refundable, even when the Loan is <br />paid in full, and Lender will not be required to pay Borrower any interest or earnings on such loss reserve. <br />Lender will no longer require loss reserve payments if Mortgage Insurance coverage (in the amount <br />and for the period that Lender requires) provided by an insurer selected by Lender again becomes <br />available, is obtained, and Lender requires separately designated payments toward the premiums for <br />Mortgage Insurance. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 <br />ICE Mortgage Technology, Inc. Page 8 of 14 NE21EDEED 0222 <br />NEEDEED (CLS) <br />