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20240227E <br />LOAN #: 2854191 <br />to prevent the Property from deteriorating or decreasing in value due to its condition. Unless Lender <br />determines pursuant to Section 5 that repair or restoration is not economically feasible, Borrower will <br />promptly repair the Property if damaged to avoid further deterioration or damage. <br />If insurance or condemnation proceeds are paid to Lender in connection with damage to, or the tak- <br />ing of, the Property, Borrower will be responsible for repairing or restoring the Property only if Lender has <br />released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in <br />a single payment or in a series of progress payments as the work is completed, depending on the size <br />of the repair or restoration, the terms of the repair agreement, and whether Borrower is in Default on the <br />Loan. Lender may make such disbursements directly to Borrower, to the person repairing or restoring the <br />Property, or payable jointly to both. If the insurance or condemnation proceeds are not sufficient to repair <br />or restore the Property, Borrower remains obligated to complete such repair or restoration. <br />Lender may make reasonable entries upon and inspections of the Property. If Lender has reasonable <br />cause, Lender may inspect the interior of the improvements on the Property. Lender will give Borrower <br />notice at the time of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower will be in Default if, during the Loan application pro- <br />cess, Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or <br />consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed <br />to provide Lender with material information) in connection with the Loan, including, but not limited to, <br />overstating Borrower's income or assets, understating or failing to provide documentation of Borrower's <br />debt obligations and liabilities, and misrepresenting Borrower's occupancy or intended occupancy of the <br />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 <br />contained in this Security Instrument; (ii) there is a legal proceeding or government order that might <br />significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as <br />a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien that has <br />priority or may attain priority over this Security Instrument, or to enforce laws or regulations); or (iii) Lender <br />reasonably believes that Borrower has abandoned the Property, then Lender may do and pay for whatever <br />is reasonable or appropriate to protect Lender's interest in the Property and/or rights under this Security <br />Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing <br />the Property. Lender's actions may include, but are not limited to: (I) paying any sums secured by a lien <br />that has priority or may attain priority over this Security Instrument; (II) appearing in court; and (III) paying: <br />(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 <br />Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but <br />is not limited to, exterior and interior inspections of the Property, entering the Property to make repairs, <br />changing locks, replacing or boarding up doors and windows, draining water from pipes, eliminating <br />building or other code violations or dangerous conditions, and having utilities turned on or off. Although <br />Lender may take action under this Section 9, Lender is not required to do so and is not under any duty or <br />obligation to do so. Lender will not be liable for not taking any or all actions authorized under this Section 9. <br />(b) Avoiding Foreclosure; Mitigating Losses. If Borrower is in Default, Lender may work with <br />Borrower to avoid foreclosure and/or mitigate Lender's potential losses, but is not obligated to do so <br />unless required by Applicable Law. Lender may take reasonable actions to evaluate Borrower for available <br />alternatives to foreclosure, including, but not limited to, obtaining credit reports, title reports, title insur- <br />ance, property valuations, subordination agreements, and third -party approvals. Borrower authorizes and <br />consents to these actions. Any costs associated with such loss mitigation activities may be paid by Lender <br />and recovered from Borrower as described below in Section 9(c), unless prohibited by Applicable Law. <br />(c) Additional Amounts Secured. Any amounts disbursed by Lender under this Section 9 will <br />become additional debt of Borrower secured by this Security Instrument. These amounts may bear inter- <br />est at the Note rate from the date of disbursement and will be payable, with such interest, upon notice <br />from Lender to Borrower requesting payment. <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 />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />ICE Mortgage Technology, Inc. Page 7 of 14 NE21 UDEED 0222 <br />NEUDEED (CLS) <br />