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202601556
<br />2611780216
<br />provide Lender with material information) in connection with the Loan, including, but not limited to,
<br />overstating Borrower's income or assets, understating or failing to provide documentation of Borrower's debt
<br />obligations and liabilities, and misrepresenting Borrower's occupancy or intended occupancy of the Property
<br />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
<br />contained in this Security Instrument; (ii) there is a legal proceeding or government order that might
<br />significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
<br />proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien that has priority
<br />or may attain priority over this Security Instrument, or to enforce laws or regulations); or (iii) Lender
<br />reasonably believes that Borrower has abandoned the Property, then Lender may do and pay for whatever is
<br />reasonable or appropriate to protect Lender's interest in the Property and/or rights under this Security
<br />Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
<br />Property. Lender's actions may include, but are not limited to: (I) paying any sums secured by a lien that has
<br />priority or may attain priority over this Security Instrument; (II) appearing in court; and (III) paying: (A)
<br />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,
<br />including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited
<br />to, exterior and interior inspections of the Property, entering the Property to make repairs, changing locks,
<br />replacing or boarding up doors and windows, draining water from pipes, eliminating building or other code
<br />violations or dangerous conditions, and having utilities turned on or off. Although Lender may take action
<br />under this Section 9, Lender is not required to do so and is not under any duty or obligation to do so. Lender
<br />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
<br />alternatives to foreclosure, including, but not limited to, obtaining credit reports, title reports, title insurance,
<br />property valuations, subordination agreements, and third -party approvals. Borrower authorizes and consents
<br />to these actions. Any costs associated with such loss mitigation activities may be paid by Lender and
<br />recovered from 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
<br />become additional debt of Borrower secured by this Security Instrument. These amounts may bear interest at
<br />the Note rate from the date of disbursement and will be payable, with such interest, upon notice from Lender
<br />to Borrower requesting payment.
<br />(d) Leasehold Terms. If this Security Instrument is on a leasehold, Borrower will comply with all
<br />the provisions of the lease. Borrower will not surrender the leasehold estate and interests conveyed or
<br />terminate or cancel the ground lease. Borrower will not, without the express written consent of Lender, alter
<br />or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title will
<br />not merge unless 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
<br />("Tenant"), Borrower is unconditionally assigning and transferring to Lender any Rents, regardless of to
<br />whom the Rents are payable. Borrower authorizes Lender to collect the Rents, and agrees that each Tenant
<br />will pay the Rents to Lender. However, Borrower will receive the Rents until (i) Lender has given Borrower
<br />notice of Default pursuant to Section 26, and (ii) Lender has given notice to the Tenant that the Rents are to
<br />be paid to Lender. This Section 10 constitutes an absolute assignment and not an assignment for additional
<br />security only.
<br />(b) Notice of Default. If Lender gives notice of Default to Borrower: (i) all Rents received by
<br />NEBRASKA--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />LA1 25306.6
<br />Form 3028 07/2021
<br />Modified for VA
<br />Page 9of18
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