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201109343 the Mortgaged Property, Prior to Lender's actual entry upon and taking possession and control of the Land and Improvements, Lender shall not be: (1) obligated to perform any of the terms, cavenants and conditions contained in any Lease (or otherwise have any obligation with respect to any Lease); (2) obligated to appear in or defend any action or proceeding relating to any Lease or the Mortgaged Property; or (3) responsible for the operation, control, care, management or repair of the Mortgaged Property or any portion of the Mortgaged Property. The execution of this Security Instrument shall constitute conclusive evidence that all responsibility for the operation, control, care, management and repair of the Mortgaged Property is and shall be that of Barrower, prior to such actual entry and taking possession and control by Lender of the Land and Improvements. (g) Lender shall be liable to account only to Borrower and only for Rents actually received by Lender. Lender shall not be liable to Borrower, anyone claiming under or through Borrower or anyone having an interest in the Mortgaged Property by reason of any act or omission of Lender under this Section 3, and Borrower hereby raleases 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 talcing control of and managing the Mortgaged Property and collecting the Rents, any funds expended by Lender for such purposes shall be added to, and become a part of, the principal balance of the Indebtedness, be immediately due and payable, and bear interest at the Default Rate from the date of disbursement until fully paid. Any entering upon and taking control of the Martgaged Property by Lender or the receiver, and any application of Rents as provided in this Security Instrument, shall not cure or waive any Event of Default or invalidate any other xight or remedy of Lender under applicable law or provided for in this Security Instrument or any Loan Document. 4. Protection of Lender's Security. If Borrower fails to perform any of its obligations under this Security Instrument or any other Loan Document, or any action or proceeding is commenced that purports to affect the Mortgaged Property, Lender's security, rights or interests under this Security Instrument or any Loan Document (including eminent domain, insolvency, code enforcement, civil or criminal forfeiture, enforcement of Environmental Laws, fraudulent conveyance or reorganizations or proceedings involving a debtor or decedent), Lender may, at its option, mal<e such appearances, disburse or pay such sums and take such actians, whether before or after an Event of Default or whether directly or to any receiver for the Mortgaged Property, as Lender reasonably deems Fannie Mae Multifamily Security Instrument Form 6025.NE Page 10 Nebraslca Ol-1 l O 20l l Fannie Mae