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200304913 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 14th day of April , 2003 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date, given by the undersigned (the "Borrower ") to secure Borrower's Note to KEARNEY STATE BANK AND TRUST COMPANY (the 'Lender") of the same date and covering the Property described in the Security Instrument and located at: # 31 Chantilly Street Grand Island Nebraska 68803 _ IProperry Add—il The Property includes, but is not limited to, a parcel of rand improved with a dwelling, together with other such parcels and certain common areas and facilities, as described N Mid— Cantinent Enterprises, Inc., A Nebraska corporation Declaration (the "Declaration "). The Property is a part of a planned unit development known as: Continental Gardens Association Irn— 0111. 11.,1 uou oevnmpmun,l (the "PUD"). The Property also includes Borrower's interest in the homeowners asicclation or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association ") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lander further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrowers obligations under the PUD's Constituent Documents. The "Constituent Documents" are the F) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by -laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all duos and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which Is satisfactory to Lender and which provides Insurance coverage in the amounts ( including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this walver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property Insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lander. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower In connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in fieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substartal destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the " Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. MULTISTATE PUD RIDER - smam Fairly Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3150 1/01 (page 1 nl p pagovl 11.1ss.LMe {5 /wn