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<br />8. Borrower's Loan Application. Borrower will be in Default if, during the Loan application process,
<br />Borrower or any persons or entities acting at Borrower' s direction or with Borrower' s knowledge or consent gave
<br />materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
<br />material information) in connection with the Loan, including, but not limited to, overstating Borrower' s income or
<br />assets, understating or failing to provide documentation of Borrower' s debt obligations and liabilities, and
<br />misrepresenting Borrower' s occupancy or 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
<br />in this Security Instrument; (ii) there is a legal proceeding or government order that might significantly affect Lender' s
<br />interest 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: (I) paying any sums
<br />secured by a lien that has priority or may attain priority over this Security Instrument; (II) appearing in court; and
<br />(III) paying: (A) reasonable attorneys' fees and costs; (B) property inspection and valuation fees; and (C) other fees
<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,
<br />exterior and interior inspections of the Property, entering the Property to make repairs, changing locks, replacing or
<br />boarding up doors and windows, draining water from pipes, eliminating building or other code violations or
<br />dangerous conditions, and having utilities turned on or off. Although Lender may take action under this Section 9,
<br />Lender is not required to do so and is not under any duty or obligation to do so. Lender will not be liable for not
<br />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 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,
<br />but not limited to, obtaining credit reports, title reports, title insurance, property valuations, subordination
<br />agreements, and third -party approvals. Borrower authorizes and consents to these actions. Any costs associated with
<br />such loss mitigation activities may be paid by Lender and recovered from Borrower as described below in Section 9(c),
<br />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 cancel
<br />the ground lease. Borrower will not, without the express written consent of Lender, alter or amend the ground lease.
<br />If Borrower acquires fee title to the Property, the leasehold and the fee title will not merge unless Lender agrees to
<br />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 Lender.
<br />However, Borrower will receive the Rents until (i) Lender has given Borrower notice of Default pursuant to Section
<br />26, and (ii) Lender has given notice to the Tenant that the Rents are to be paid to Lender. This Section 10 constitutes
<br />an absolute assignment and not an assignment for additional security only.
<br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
<br />Form 3028 07/2021
<br />Page 9 of 19
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