Laserfiche WebLink
<br />-' <br /> <br />RE.RECORDEDl~ e <br /> <br />': ~ <br /> <br />200709625 <br /> <br />e <br /> <br />200708742 <br /> <br />1-4 F~MIL y. ~IDER <br />(Assignment of Rents) <br /> <br />THIS 1 A FAMilY RIDER is made this 11th day of October, 2007, and is incorporated into and shall be deemed to amend and <br />supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the <br />"Borrower") to secure Borrower's Note to CORNERSTONE BANK (the "lender") of the same date and covering the Property described in <br />the Security Instrument and located at: <br /> <br />1615 N Custer Ave, Grand Island, NE 68801 <br />[Property Address] <br /> <br />1-4 FAMilY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and lender <br />further covenant and agree as follows: <br />A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in <br />Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to <br />the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances <br />and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the <br />Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, <br />air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water <br />heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, <br />storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, <br />all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by <br />the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold <br />estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the <br />"Property. " <br />B. USE OF PROPERTY; COMPLIANCE WITH lAW. Borrower shall not seek, agree to or make a change in the use of <br />the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, <br />ordinances, regulations and requirements of any governmental body applicable to the Property. <br />C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the <br />Security Instrument to be perfected against the Property without lender's prior written permission, <br />D. RENT lOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for <br />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, Section 6 concerning <br />Borrower's occupancy of the Property is deleted. <br />G. ASSIGNMENT OF lEASES. Upon lender's request after default, Borrower shall assign to lender all leases of the <br />Property and all security deposits made in connection with leases of the Property. Upon the assignment, lender shall have the <br />right to modify, extend or terminate the existing leases and to execute new leases, in lender's sole discretion. As used in this <br />paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. <br />H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; lENDER IN POSSESSION. Borrower absolutely and <br />unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the <br />Rents of the Property are payable. Borrower authorizes lender or lender's agents to collect the Rents, and agrees that each <br />tenant of the Property shall pay the Rents to lender or lender's agents. However, Borrower shall receive the Rents until (j) <br />lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ij) Lender has given notice to <br />the tenant(s) that the Rents are to be paid to lender or lender's agent. This assignment of Rents constitutes an absolute <br />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 Borrower as trustee for <br />the benefit of lender only, to be applied to the sums secured by the Security Instrument; (ij) Lender shall be entitled to collect <br />and receive all of the Rents of the Property; (i1i) Borrower agrees that each tenant of the Property shall pay all Rents due and <br />unpaid to lender or lender's agents upon lender's written demand to the tenant; (iv) unless applicable law provides otherwise, <br />all Rents collected by 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 receiver's bonds, repair and <br />maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured <br />by the Security Instrument; (v) Lender, lender's agents or any judicially appointed receiver shall be liable to account for only <br />those Rents actually received; and (vi) lender shall be entitled to have a receiver appointed to take possession of and manage the <br />Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as <br />security. <br />If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of <br />collecting the Rents any funds expended by lender for such purposes shall become indebtedness of Borrower to lender secured <br />by the Security Instrument pursuant to Section 9. <br />Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not <br />performed, and will not perform, any act that would prevent lender from exercising its rights under this paragraph. <br />lender, or lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or <br />maintain the Property before or after giving notice of default to Borrower. However, lender or lender's agents or a judicially <br />appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or <br />invalidate any other right or remedy of lender. This assignment of Rents of the Property shall terminate when all the sums <br />secured by the Security Instrument are paid in full. <br />I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an <br />interest shall be a breach under the Security Instrument and lender may invoke any of the remedies permitted by the Security <br />Instrument. <br /> <br />MULTISTATE 1-4 FAMILY RIDER-Famie MaeJF.- Mac UNIFORM INSTRUMENT <br /> <br />Page 1 of 2 <br /> <br />Form 3170 1101 <br />