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200408903- <br />1 -4 FAMILY RIDER <br />(Assignment of Rents) <br />THIS 1 -4 FAMILY RIDER is made this 2nd day of September 2004 , and is <br />incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the <br />"Security Instrument ") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Note to <br />West Gate Bank <br />(the "Lender ") of the same date and covering the Property described in the Security Instrument and located at: <br />1424 W 1st St Grand Island, NE 68801 <br />[Property Address] <br />1 -4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security <br />Instrument, Borrower and Lender further covenant and agree.as follows: <br />A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In <br />addition to the Property described in Security Instrument, the following items now or hereafter attached to <br />the Property to the extent they are fixtures are added to the Property description, and shall also constitute the <br />Property covered by the Security Instrument: building materials, appliances and goods of every nature <br />whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, <br />including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, <br />gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, <br />plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, <br />disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and <br />curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including <br />replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the <br />Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or <br />the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1 -4 Family Rider and <br />the Security Instrument as the "Property." <br />B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to <br />or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing <br />to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any <br />governmental body applicable to the Property. <br />C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any <br />lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written <br />permission. <br />D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in <br />addition to the other hazards for which insurance is required by Section 5. <br />E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. <br />F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, <br />Section 6 concerning Borrower's occupancy of the Property is deleted. <br />G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign <br />to Lender all leases of the Property and all security deposits made in connection with leases of the Property. <br />Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to <br />execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean <br />"sublease" if the Security Instrument is on a leasehold. <br />H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN <br />POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and <br />revenues ( "Rents ") of the Property, regardless of to whom the Rents of the Property are payable. Borrower <br />authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall <br />pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has <br />given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) Lender has given <br />notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents <br />constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by <br />Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security <br />Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower <br />agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon <br />Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by <br />Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property <br />and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on <br />receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges <br />on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any <br />judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) <br />Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and <br />collect the Rents and profits derived from the Property without any showing as to the inadequacy of the <br />Property as security. <br />MULTISTATE 14 FAMILY RIDER — Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3170 1 /01 <br />9842.CV (3/02) 3- 100898 (page I of 2 pages) <br />GOTO(000ab9cd) <br />