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202401578 <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 />(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 <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 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 Lender required <br />Mortgage Insurance as a condition of making the Loan, Borrower will pay the premiums required to maintain the <br />Mortgage Insurance in effect. If Borrower was required to make separately designated payments toward the premiums <br />for Mortgage Insurance, and (i) the Mortgage Insurance coverage required by Lender ceases for any reason to be <br />available from the mortgage insurer that previously provided such insurance, or (ii) Lender determines in its sole <br />discretion that such mortgage insurer is no longer eligible to provide the Mortgage Insurance coverage required by <br />Lender, Borrower will pay the premiums required to obtain coverage substantially equivalent to the Mortgage <br />Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance <br />previously in effect, from an alternate mortgage insurer selected by Lender. <br />If substantially equivalent Mortgage Insurance coverage is not available, Borrower will continue to pay to Lender <br />the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. <br />Lender will accept, use, and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. <br />Such loss reserve will be non-refundable, even when the Loan is paid in full, and Lender will not be required to pay <br />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 and for the <br />period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and <br />Lender requires separately designated payments toward the premiums for Mortgage Insurance. <br />If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower will pay the premiums <br />required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) <br />Form 3028 07/2021 <br />Page 10 of 19 <br />*DocMagic <br />