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<br />Property, and then to any other sums secured by this Security Instrument; (vi) Lender, or any judicially appointed
<br />receiver, will be liable to account for only those Rents actually received; and (vii) Lender will be entitled to have
<br />a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from
<br />the Property 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 month
<br />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 Borrower
<br />has 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
<br />receiver appointed under Applicable Law, is not obligated to enter upon, take control of, or maintain the Property
<br />before or after giving notice of Default to Borrower. However, Lender, or a receiver appointed under Applicable
<br />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 invalidate
<br />any other right or remedy of Lender. This Section 10 does not relieve Borrower of Borrower's obligations under
<br />Section 6.
<br />This Section 10 will terminate when all the sums secured by this Security Instrument are paid in full.
<br />11. Assignment and Application of Miscellaneous Proceeds; Forfeiture.
<br />(a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the right to receive
<br />all Miscellaneous Proceeds to Lender and agrees that such amounts will be paid to Lender.
<br />(b) Application of Miscellaneous Proceeds upon Damage to Property. If the Property is damaged,
<br />any Miscellaneous Proceeds will be applied to restoration or repair of the Property, if Lender deems the
<br />restoration or repair to be economically feasible and Lender's security will not be lessened by such restoration or
<br />repair. During such repair and restoration period, Lender will have the right to hold such Miscellaneous Proceeds
<br />until Lender has had an opportunity to inspect the Property to ensure the work has been completed to Lender's
<br />satisfaction (which may include satisfying Lender's minimum eligibility requirements for persons repairing the
<br />Property, including, but not limited to, licensing, bond, and insurance requirements) provided that such
<br />inspection must be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement
<br />or in a series of progress payments as the work is completed, depending on the size of the repair or restoration,
<br />the terms of the repair agreement, and whether Borrower is in Default on the Loan. Lender may make such
<br />disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both.
<br />Unless Lender and Borrower agree in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender will not be required to pay Borrower any interest or earnings on such
<br />Miscellaneous Proceeds. If Lender deems the restoration or repair not to be economically feasible or Lender's
<br />security would be lessened by such restoration or repair, the Miscellaneous Proceeds will be applied to the sums
<br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
<br />Miscellaneous Proceeds will be applied in the order that Partial Payments are applied in Section 2(b).
<br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value of
<br />the Property. In the event of a total taking, destruction, or loss in value of the Property, all of the Miscellaneous
<br />Proceeds will be applied to the sums secured by this Security Instrument, whether or not then due, with the
<br />excess, if any, paid to Borrower.
<br />321-4020758-703 1555500389
<br />NEBRASKA • FHA Deed of Trust With MERS 70228MNE 01/2023
<br />Page 11 of 20
<br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289
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