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202500373
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Last modified
1/23/2025 10:52:34 AM
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1/23/2025 10:52:32 AM
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DEEDS
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202500373
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202500373 <br />(ii) So long as no Event of Default has occurred and is continuing, the Rents <br />remaining after application pursuant to Section 3(b)(i) may be retained by <br />Borrower free and clear of, and released from, Lender's rights with respect <br />to Rents under this Instrument. <br />(iii) After the occurrence of an Event of Default, and during the continuance of <br />such Event of Default, Borrower authorizes Lender to collect, sue for and <br />compromise Rents and directs each tenant of the Mortgaged Property to <br />pay all Rents to, or as directed by, Lender. From and after the occurrence <br />of an Event of Default, and during the continuance of such Event of <br />Default, and without the necessity of Lender entering upon and taking and <br />maintaining control of the Mortgaged Property directly, or by a receiver, <br />Borrower's license to collect Rents will automatically terminate and <br />Lender will without Notice be entitled to all Rents as they become due and <br />payable, including Rents then due and unpaid. Borrower will pay to <br />Lender upon demand all Rents to which Lender is entitled. <br />(iv) At any time on or after the date of Lender's demand for Rents, Lender <br />may give, and Borrower hereby irrevocably authorizes Lender to give, <br />notice to all tenants of the Mortgaged Property instructing them to pay all <br />Rents to Lender. No tenant will be obligated to inquire further as to the <br />occurrence or continuance of an Event of Default. No tenant will be <br />obligated to pay to Borrower any amounts which are actually paid to <br />Lender in response to such a notice. Any such notice by Lender will be <br />delivered to each tenant personally, by mail or by delivering such demand <br />to each rental unit. Borrower will not interfere with and will cooperate <br />with Lender's collection of such Rents. <br />(c) If an Event of Default has occurred and is continuing, then Lender will have each <br />of the following rights and may take any of the following actions: <br />(i) Lender may, regardless of the adequacy of Lender's security or the <br />solvency of Borrower and even in the absence of waste, enter upon and <br />take and maintain full control of the Mortgaged Property in order to <br />perform all acts that Lender in its discretion determines to be necessary or <br />desirable for the operation and maintenance of the Mortgaged Property, <br />including the execution, cancellation or modification of Leases, the <br />collection of all Rents, the making of Repairs to the Mortgaged Property <br />and the execution or termination of contracts providing for the <br />management, operation or maintenance of the Mortgaged Property, for the <br />purposes of enforcing the assignment of Rents pursuant to Section 3(a), <br />protecting the Mortgaged Property or the security of this Instrument, or for <br />such other purposes as Lender in its discretion may deem necessary or <br />desirable. <br />Nebraska <br />Multifamily Deed of Trust, Assignment of Rents <br />and Security Agreement <br />Page 10 <br />
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