<br />200511169
<br />
<br />1-4 FAMILY RIDER
<br />(Assignment of Rents) MIN: 100416700001187252
<br />THIS 1-4 FAMILY RIDER is made this 10th day of November 2005, 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 />CharterWest National Bank
<br />(the "Lender") ofthe same date and covering the Property described in the Security Instrument and located at:
<br />
<br />2419 N Park Ave Grand Island, NE 68803
<br />[Property Address]
<br />
<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 ofthe foregoing together with the Property described in the Security Instrument (or
<br />the leasehold estate ifthe 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 ofthe 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. SUBORDIN A TE 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. ASSIGN M ENT OF LEASES. Upon Lender's request after default, Borrower shall assign
<br />to Lender all leases ofthe 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" ifthe 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") ofthe Property, regardless ofto 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 ofthe 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 />(fLender 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 ofthe 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 oftaking 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 />
<br />MULTlSTATE 1-4 FAMILY RlDER--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />9842.CV (1105) 900319
<br />
<br />Form 3170 1/01
<br />(page 1 of 2 page5)
<br />GOTO(000Ied6d)
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