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<br />Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to
<br />protect Lender's interest in the Property and/or rights under this Security Instrument, including protecting and/or
<br />assessing the value of the Property, and securing and/or repairing the Property. Lender's actions may include, but
<br />are not limited to: (I) paying any sums secured by a lien that has priority or may attain priority over this Security
<br />Instrument; (II) appearing in court; and (III) paying: (A) reasonable attorneys' fees and costs; (B) property
<br />inspection and valuation fees; and (C) other fees incurred for the purpose of protecting Lender's interest in the
<br />Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.
<br />Securing the Property includes, but is not limited to, exterior and interior inspections of the Property, entering the
<br />Property to make repairs, changing locks, replacing or boarding up doors and windows, draining water from
<br />pipes, eliminating building or other code violations or dangerous conditions, and having utilities turned on or off.
<br />Although Lender may take action under this Section 9, Lender is not required to do so and is not under any duty
<br />or 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 unless
<br />required by Applicable Law. Lender may take reasonable actions to evaluate Borrower for available alternatives to
<br />foreclosure, including, but not limited to, obtaining credit reports, title reports, title insurance, property
<br />valuations, subordination agreements, and third -party approvals. Borrower authorizes and consents to these
<br />actions. Any costs associated with such loss mitigation activities may be paid by Lender and recovered from
<br />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 become
<br />additional debt of Borrower secured by this Security Instrument. These amounts may bear interest at the Note rate
<br />from the date of disbursement and will be payable, with such interest, upon notice from Lender to Borrower
<br />requesting payment.
<br />(d) Leasehold Terms. If this Security Instrument is on a leasehold, Borrower will comply with all the
<br />provisions of the lease. Borrower will not surrender the leasehold estate and interests conveyed or terminate or
<br />cancel the ground lease. Borrower will not, without the express written consent of Lender, alter or amend the
<br />ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title will not merge unless
<br />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 Rents are
<br />payable. Borrower authorizes Lender to collect the Rents, and agrees that each Tenant will pay the Rents to
<br />Lender. However, Borrower will receive the Rents until (i) Lender has given Borrower notice of Default pursuant
<br />to Section 26, and (ii) Lender has given notice to the Tenant that the Rents are to be paid to Lender. This Section
<br />10 constitutes an absolute 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
<br />must be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the
<br />Security Instrument; (ii) Lender will be entitled to collect and receive all of the Rents; (iii) Borrower agrees to
<br />instruct each Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Lender's written demand to the
<br />Tenant; (iv) Borrower will ensure that each Tenant pays all Rents due to Lender and will take whatever action is
<br />necessary to collect such Rents if not paid to Lender; (v) unless Applicable Law provides otherwise, all Rents
<br />collected by Lender will be applied first to the costs of taking control of and managing the Property and collecting
<br />the Rents, including, but not limited to, reasonable attorneys' fees and costs, receiver's fees, premiums on
<br />receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments, and other charges on the
<br />321-4020758-703 1555500389
<br />NEBRASKA - FHA Deed of Trust With MERS 70228MNE 01/2023
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<br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289
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