Laserfiche WebLink
<br />CONDOMINIUM RIDER <br /> <br />88-106075 <br /> <br />I. The Borrower shall promptly deliver to Lender, and In the case 01 a Daed 01 Trust, both to Lender and Trustee, a true and correct <br />copy of each and every notice 01 defaull recelYlld by Borrower with respect to any obligation olthe Borrower under the provisions <br />of the Condominium Property Act 01 the State of Nebraska ("Condominium Property Act"), Ihe master deed creating fhe condominium <br />property regime of which the above Property Is s part rMaster Deed"), Ihe rules and regulations rRules and Reguletlons') and the <br />bylsws rBylaws") adopted by the association. <br /> <br />2. The Borrower shall not, except with the prior written consent of the Lender. <br />a. Insltule any action or proceeding for psrtltlcn of the property of which the Property Is a part; <br />b. vote for or consent to any modification aI, amendment to or relaxation In ths enforcement of any provision of Ihe Master Deed, <br />Rules and Rsgulatlons or Bylaws; and <br />c. In the event of damage to or dsstructlon of the property 01 which the Property Is a part, vote In opposition to a motion to repair, <br />restore or rebuild. <br /> <br />3. In each and every case In which, under the provisions of the Master Deed, Rules and Regulations, Bylaws or Condominium Property <br />Act. the unanimoLls consent or the unanimous vote of the O'Nners of units Is required, or the number of votes required is In excess <br />of a simple majority, the Borrower shall not so vote or give such consent without, In each and every .case, the prior written consent <br />of the Lender. <br /> <br />4. It shall constitute a delault under this Mortgage or Deed of Trust entitling the Lender, at Its option, to accelerate the entire unpaid <br />balance 01 the Indebtedness secured hereby if the board of directors or other governing body of the association falls or refuses to <br />maintain In full force and effect a policy or policies of fire insurance with eXlended coverage, vandalism and malicious mischief endorse- <br />ments, for the full insurable replacement value of the common elements, and having firm or contingent or conditional endorsements <br />covering the replacement value of the units to provide for restoration thereof to tenantable condition in the event of damage. Such <br />policy or policies shall be written in the name of, and the proceeds thereof shall be payable to, the board of directors or other govern- <br />Ing body, for the benefit of each of Ihe unit owners In the percentages established in the Master Deed and to the respective mort. <br />gagees, trustees or beneficiaries of the unit owners as their Interests may appear. Such policy or policies shall provide for separate <br />protection for each unit and Its attached, built-in or Installed fixtures and equipmenlto the lull insurable replacement value thereof, <br />and with a sepsrate loss payable endorsement In favor of the Mortgagee, Trustee or Beneficiary of each unit Such policy or policies <br />shsll permilthe wsiver of subrogation and shall provide that the insurance company or companies will not look to the board of direc. <br />tors or other governing body of the assoclalion or any unit owner lor the recovery of any loss under said policy or policies. Such <br />policy or policies shall not be cancelable except alter ten (10) days' written notice to the Lender and In the case of a Deed of Trust <br />both 10 the Trustee and the Lender and a copy of a duplicate of such policy or policies shall be deposited with the Lender and in <br />the case of a Deed of Trust both the Trustee and Lender with evidence of the payment of premiums and with renewal policies 10 <br />be deposited with the Lendar and In the case of a Deed of Trust both the Trustee and Lender not later than ten (10) days prior to <br />Ihe expiration of extstlng policies. <br /> <br />In Ihe event thatlhe policy or policies of Insurance maintainsd by the board of directors or other governing body insures Ihe Property <br />only on a contingent or conditional basis which requires the individual unit owner to provide his own insurance on his unit, then the <br />Borrower shall do so In the manner ststed In paragraph 5 of the Mortgage or Deed of Trust. Anything hereinaboYll to Ihe contrary <br />notwithstanding, In the event the board of directors or other governing body or Borrower fails or refuses to provide the insurance <br />coverage as above provided, the Lender. BIlls election, may provide fire insurance with extended coverage. vandalism and malicious <br />mischief endorsements covering the Property for its benefit es Benaflclary and may add ,the premium therefor 10 lhe unpaid balance <br />of the indebtedness secured hereby. In the event that the board of direC10rs or other governing body does furnish Insurance on the <br />entire building and the Property as above provided and In the event 01 damage to or destruction of Ihe building or any part thereof <br />or of the Property, the Lender shall, " lha proceads of insurance collectible by the board of directors or other governing body are <br />sufficient to repair or restore tha bUilding and such restorallon or repair is economically feasible and the security of this Mortgage <br />or Deed of Trust is not thereby impaired, permil the proceeds of such Insurance affecting the Property to be disbursed by the board <br />of directors or other governing body for the purpose of repairing and restoring the building. <br /> <br />5. The Borrower shall promptty pay, as the serne become due and payable, all payments to the maintenance and reserve funds and <br />all asseasments as required by the Master Deed, Bylaws and the board of directors or other governing body and shall promptly upon <br />demand exhibit to the Lender receipts lor all such payments. In the event that the Borrower falls to make such payments as the same <br />become due and payable, the Lender may lrom time to lime, at i1s option but without any obligation so to do, and without nollce <br />to or demend upon the Borrower, make such payments, and the same shall be added to the debt secured hereby, and shall bear <br />interest until repaid atlhe rate of 11.00% per annum; provided, however, that the failure ofthe BorrowerlO make any such payment <br />to the maintenance fund or to exhibit such receipts shall. at the election of the Lender. constitute a breach of covenant under this <br />Mortgage or Deed of Trust entilllng the Lender to accelerate the Indebtedness secured hereby. <br /> <br />6. The Borrower shall fully and faithfully keep and perform each and every covenant, agreement and provision in the Master Deed, <br />Bylsws and Rules and Reguletions on the part of the Borrower to be kept and performed and, In the event of the failure of the So,. <br />. rower so to do within a periOd ollhlrty (301 days alter from either the board of dlractors or other governing body or from Ihe Lender, <br />or In the case of any such default which cannot with dua diligence be cured or remedied within said thirty (30) day periOd, if tha Bor- <br />rower fails to proceed promptly alter such notice to cure or remedy same with due diligenca, then in such case the Lender may from <br />time to lime, at its option but wllhout any obligation so to do, cure or remedy any such default of Ihe Borrower (the Borrower hereby <br />authorizing the Lender to enter upon the Property as may be necessary lor such purpose), and all sums expended by the Lender <br />for such purpose, including raasonable counsel fess, shall be edded 10 the dabt secured hereby and shall become due and payable <br />and shall bear Interest until repaid at the rete of 12.00% per annum; provided, however, that the failure of the Borrower to keep and <br />perform any such covenant, agreement or provision for Ihlrty (30) days alter such notice shell, at the election fa the Lender, constitute <br />a breech 01 covenant under this Mortgage or Deed of Trust entitling Ihe Lender to accelerate the Indebtedness secured hereby. <br /> <br />Dated: <br /> <br />d~.lL.1; ,x~;(-L <br />BORROWER'. j/ <br /> <br />'''./~k'.nin''} 10 <br /> <br />I 9Ee... <br /> <br />BORROWER <br /> <br />f:Clflll'a&.G& <br />'(IF... 8I!Ia <br />