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5110331738 <br />202402489 <br />980121260560 <br />whom the Rents are payable. Borrower authorizes Lender to collect the Rents, and agrees that each Tenant <br />will 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 are to <br />be paid to Lender. This Section 10 constitutes an absolute assignment and not an assignment for additional <br />security only. <br />(b) Notice of Default. If Lender gives notice of Default to Borrower: (i) all Rents received by <br />Borrower must be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums <br />secured by the Security Instrument; (ii) Lender will be entitled to collect and receive all of the Rents; (iii) <br />Borrower agrees to instruct each Tenant that Tenant is to pay all Rents due and unpaid to Lender upon <br />Lender's written demand to the Tenant; (iv) Borrower will ensure that each Tenant pays all Rents due to <br />Lender and will take whatever action is necessary to collect such Rents if not paid to Lender; (v) unless <br />Applicable Law provides otherwise, all Rents collected by Lender will be applied first to the costs of taking <br />control of and managing the Property and collecting the Rents, including, but not limited to, reasonable <br />attorneys' fees and costs, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, <br />insurance premiums, taxes, assessments, and other charges on the Property, and then to any other sums <br />secured by this Security Instrument; (vi) Lender, or any judicially appointed receiver, will be liable to <br />account for only those Rents actually received; and (vii) Lender will be entitled to have a receiver appointed <br />to take 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 become <br />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 its <br />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 <br />invalidate any other right or remedy of Lender. This Section 10 does not relieve Borrower of Borrower's <br />obligations under Section 6. <br />This Section 10 will terminate when all the sums secured by this Security Instrument are paid in <br />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 <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />cx 25306.5 Page 11 oft! <br />