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202602768
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9, Lender is not required to do so and is not under any duty or obligation to do so. Lender will not be <br />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 <br />so unless required by Applicable Law. Lender may take reasonable actions to evaluate Borrower for <br />available alternatives to foreclosure, including, but not limited to, obtaining credit reports, title reports, <br />title insurance, property valuations, subordination agreements, and third -party approvals. Borrower <br />authorizes and consents to these actions. Any costs associated with such loss mitigation activities may <br />be paid by Lender and recovered from Borrower as described below in Section 9(c), unless prohibited <br />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 <br />interest at the Note rate from the date of disbursement and will be payable, with such interest, upon <br />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 <br />provisions of the 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 <br />to whom the Rents are payable. Borrower authorizes Lender to collect the Rents, and agrees that each <br />Tenant will pay the Rents to Lender. However, Borrower will receive the Rents until (i) Lender has <br />given Borrower notice of Default pursuant to Section 26, and (ii) Lender has given notice to the Tenant <br />that the Rents are to be paid to Lender. This Section 10 constitutes an absolute assignment and not an <br />assignment for additional security only. <br />(b) Notice of Default. if Lender gives notice of Default to Borrower: (i) all Rents received by <br />Borrower must be held by Borrower as trustee for the benefit of Lender only, to be applied to the <br />sums secured by the Security instrument; (ii) Lender will be entitled to collect and receive all of the <br />Rents; (iii) Borrower agrees to instruct each Tenant that Tenant is to pay all Rents due and unpaid to <br />Lender upon Lender's written demand to the Tenant; (iv) Borrower will ensure that each Tenant pays <br />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 <br />first to the costs of taking control of and managing the Property and collecting the Rents, including, <br />but not limited to, reasonable attorneys' fees and costs, receiver's fees, premiums on receiver's bonds, <br />repair and maintenance costs, insurance premiums, taxes, assessments, and other charges on the <br />Property, and then to any other sums secured by this Security Instrument; (vi) Lender, or any judicially <br />appointed receiver, will be liable to account for only those Rents actually received; and (vii) Lender <br />will be entitled to have a receiver appointed to take possession of and manage the Property and collect <br />the Rents and profits derived from the Property without any showing as to the inadequacy of the <br />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 <br />become indebtedness of Borrower to Lender secured by this Security Instrument pursuant to Section 9. <br />XXXX214657 <br />NEBRASKA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />Wolters Kluwer Financial Services, Inc. 09/2025 <br />2026042825.4,0.6329-N20250922Y Page 10 of 21 <br />
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