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202403013 <br />incurred for the purpose of protecting Lender's interest in the Property and/or rights under this Security Instrument, <br />including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, exterior <br />and interior inspections of the Property, entering the Property to make repairs, changing locks, replacing or boarding <br />up doors and windows, draining water from pipes, eliminating building or other code violations or dangerous <br />conditions, and having utilities turned on or off. Although Lender may take action under this Section 9, Lender is not <br />required to do so and is not under any duty or obligation to do so. Lender will not be liable for not taking any or all <br />actions authorized under this Section 9. <br />(b) Avoiding Foreclosure; Mitigating Losses. If Borrower is in Default, Lender may work with Borrower to <br />avoid foreclosure and/or mitigate Lender's potential losses, but is not obligated to do so unless required by Applicable <br />Law. Lender may take reasonable actions to evaluate Borrower for available alternatives to foreclosure, including, but <br />not limited to, obtaining credit reports, title reports, title insurance, property valuations, subordination agreements, and <br />third -party approvals. Borrower authorizes and consents to these actions. Any costs associated with such loss <br />mitigation activities may be paid by Lender and recovered from Borrower as described below in Section 9(c), unless <br />prohibited by Applicable Law. <br />(c) Additional Amounts Secured. Any amounts disbursed by Lender under this Section 9 will become additional <br />debt of Borrower secured by this Security Instrument. These amounts may bear interest at the Note rate from the date <br />of disbursement and will be payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />(d) Leasehold Terms. If this Security Instrument is on a leasehold, Borrower will comply with all the provisions <br />of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title will not merge unless Lender <br />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"), Borrower <br />is unconditionally assigning and transferring to Lender any Rents, regardless of to whom the Rents are payable. <br />Borrower authorizes Lender to collect the Rents, and agrees that each Tenant will pay the Rents to Lender. However, <br />Borrower will receive the Rents until (i) Lender has given Borrower notice of Default pursuant to Section 26, and (ii) <br />Lender has given notice to the Tenant that the Rents are to be paid to Lender. This Section 10 constitutes an absolute <br />assignment and not an assignment for additional security only. <br />(b) Notice of Default. If Lender gives notice of Default to Borrower: (i) all Rents received by Borrower must be <br />held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security <br />Instrument; (ii) Lender will be entitled to collect and receive all of the Rents; (iii) Borrower agrees to instruct each <br />Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Lender's written demand to the Tenant; (iv) <br />Borrower will ensure that each Tenant pays all Rents due to Lender and will take whatever action is necessary to <br />collect such Rents if not paid to Lender; (v) unless Applicable Law provides otherwise, all Rents collected by Lender <br />will be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but <br />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 for <br />only those Rents actually received; and (vii) Lender will be entitled to have a receiver appointed to take possession of <br />and manage the Property and collect the Rents and profits derived from the Property without any showing as to the <br />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 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 />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />Page 9 of 18 <br />IDS, Inc. - 93195 <br />1 <br />n <br />0#1,10016 <br />TER, <br />it <br />Ifs 1 <br />1 <br />