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202405103 <br />restoration. <br />Lender may make reasonable entries upon and inspections of the Property. If Lender has reasonable cause, Lender <br />may inspect the interior of the improvements on the Property. Lender will give Borrower notice at the time of or prior to <br />such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower will be in Default if, during the Loan application process, Borrower or <br />any persons or entities acting at Borrower's direction or with Borrower's knowledge or consent gave materially false, <br />misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in <br />connection with the Loan, including, but not limited to, overstating Borrower's income or assets, understating or failing <br />to provide documentation of Borrower's debt obligations and liabilities, and misrepresenting Borrower's occupancy or <br />intended occupancy of the 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 contained in this <br />Security Instrument; (ii) there is a legal proceeding or government order that might significantly affect Lender's interest <br />in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for <br />condemnation or forfeiture, for enforcement of a lien that has priority or may attain priority over this Security <br />Instrument, or to enforce laws or regulations); or (iii) Lender reasonably believes that Borrower has abandoned the <br />Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the <br />Property and/or rights under this Security Instrument, including protecting and/or assessing the value of the Property, <br />and securing and/or repairing the Property. Lender's actions may include, but are not limited to: (1) paying any sums <br />secured by a lien that has priority or may attain priority over this Security Instrument; (11) appearing in court; and (111) <br />paying: (A) reasonable attorneys' fees and costs; (B) property inspection and valuation fees; and (C) other fees incurred <br />for the purpose of protecting Lender's interest in the Property and/or rights under this Security Instrument, including its <br />secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, exterior and interior <br />inspections of the Property, entering the Property to make repairs, changing locks, replacing or boarding up doors and <br />windows, draining water from pipes, eliminating building or other code violations or dangerous conditions, and having <br />utilities turned on or off. Although Lender may take action under this Section 9, Lender is not required to do so and is <br />not under any duty or obligation to do so. Lender will not be liable for not taking any or all actions authorized under this <br />Section 9. <br />(b) Avoiding Foreclosure; Mitigating Losses. If Borrower is in Default, Lender may work with Borrower to avoid <br />foreclosure and/or mitigate Lender's potential losses, but is not obligated to do so unless required by Applicable Law. <br />Lender may take reasonable actions to evaluate Borrower for available alternatives to foreclosure, including, but not <br />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 of <br />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 is <br />unconditionally assigning and transferring to Lender any Rents, regardless of to whom the Rents are payable. Borrower <br />authorizes Lender to collect the Rents, and agrees that each Tenant will pay the Rents to Lender. However, Borrower <br />will receive the Rents until (i) Lender has given Borrower notice of Default pursuant to Section 26, and lii) Lender has <br />given notice to the Tenant that the Rents are to be paid to Lender. This Section 10 constitutes an absolute assignment <br />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 held <br />by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; III) <br />Lender will be entitled to collect and receive all of the Rents; (iii) Borrower agrees to instruct each Tenant that Tenant is <br />to pay all Rents due and unpaid to Lender upon Lender's written demand to the Tenant; (iv) Borrower will ensure that <br />each Tenant pays all Rents due to Lender and will take whatever action is necessary to collect such Rents if not paid to <br />Lender; (v) unless Applicable Law provides otherwise, all Rents collected by Lender will be applied first to the costs of <br />taking control of and managing the Property and collecting the Rents, including, but not limited to, reasonable attorneys' <br />fees and costs, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, <br />taxes, assessments, and other charges on the Property, and then to any other sums secured by this Security <br />Instrument; (vi) Lender, or any judicially appointed receiver, will be liable to account for only those Rents actually <br />received; and (vii) Lender will be entitled to have a receiver appointed to take possession of and manage the Property <br />and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property <br />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 Borrower <br />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 advance <br />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 has not <br />signed any prior assignment of the Rents, will not make any further assignment of the Rents, and has not performed, <br />NEBRASKA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />Page 6 of 12 <br />