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�011002�0 cnllection of all Ttents, the making of repairs to thc Mortgagcd Properiy and the execution or termination of contracts providing for the management, operation or maintenance of the Mortgaged Property, fcar the purposes of enforcing the assignment of Rents pursuant ta Section 3(a), protectin� the Mortgaged Property or the security of this Instrument, or for such other purposes as Lender in its discretion may deem necessary ar desirable. Alternatively, if an Event of T�efault has aceurred and is continuing, regardless af the adequacy of Lender's security, without regard to Borrower's solvency and without the necessity of �iving prior notice (oral or written) to Borrower, Lender may apply to any court having jurisdictian far the appointment of a receiver for the Mortgaged Praperty to take any or all of the actions set forth in the preceding sentence, If Lender elects to seek the appointment af a receiver for the Mortgaged Prop�rty at any time after an Event of Default has occurced and is continuin�;, Bprrower, by its execution of this Instrum�nt, �xpressly consents ta the appointment of such recciver, including the appointment of a receiver ex parte if permitted by applicable law. Lender or the receiver, as the case may be, shall be enti�led ta receive a reasonable fee for managing the Mart�;a�ed Property. Cmmediately upon appointment of a receiver or immediately upon the Lender's entering upon and taking possession and control of the Martgaged Property,l3orrower shall surrender possession of the Mortgaged Property to I,ender or the receiver, as the case may be, and shall deliver to Lender or the receiver, as the case may be, all docwn�nts, r�cords (including records on electronic or magnetic media), accounts, surveys, plans, and specifications relating to the Mortgaged Properiy and all security deposits and prepaid Rents. In the event Lendex takcs possession and control af the Mortgaged Property, Lender may exclude Borrawer and its representatives from the Mortgaged Property. Borrower acknowledges and agrees that thc cxercise by Lender af any of the rights conferred under this Section 3 shall not be construed to make Lender a mortgagee-in-passession of the Mortgaged Property so long as Lender has not itself entered into actual possession of the Land and Impravements. (e) If Lender enters the Mortgaged Property, I,ender shall be liable to account only to Borrower and only for those Rents actually received. I,ender shall not be liable to Sorrower, anyone claiming under or through Horrower or anyone having an interest in the Mnrtgaged Property, by reason of any act or omission af Lender under this Section 3, and Barrower hereby releases and discharges Lender from any such liability to the fullest extent permitted by law. (� If the Rents are not sufficient to meet the costs of taking cantrol of and managing the Mortgaged Prpperty and collecting the Rents, any funds expended by L�nder far such purposes shall become an additional part of the Indebtedness as provided in Section 12. (g) Any entering upon and taking of control af the Mortgaged Property by Lender or the receiver, as the case may be, and any application of Rents as provided in this Instrument shall not cure or waive any Event of Default or invalidate any other ri�;ht or remedy of Lender under applicable law or provided for in this Instrument. FANNIE MAE MULTlFAMILY SECURITY INSTRUMENT - Form 40Z8 Ob/09 f'ctge 9 NEBRASKA Q� 1997-2009 H�nnie Mae