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<br />200802604 <br /> <br />PLANNED UNIT DEVELOPMENT RIDER <br /> <br />THIS PLANNED UNIT DEVELOPMENT RIDER is made this 21st day of March , <br />2008 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or <br />Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure <br />Borrower's Note to Pinnacle Bank <br />(the "Lender") ofthe same date and covering the Property described in the Security Instrument and located at: <br />54 Sonja Drive Doniphan, NE 68832 <br />[Property Address] <br />The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such <br />parcels and certain common areas and facilities, as described in Lot 54, Amick Acres East Subdivision, Hall <br />County, Nebraska <br /> <br />(the "Declaration"). The Property is a part ofa planned unit development known as <br />Amick Acres Subs <br /> <br />[Name of Planned Unit Development] <br />(the "PUD"). The Property also includes Borrower's interest in the nomeowners association or equivalent entity <br />owning or man'lging the common areas and facilities ofthe PUD (the "Owners Association") and the uses, benefits <br />and proceeds of Borrower's interest. <br />pun COVENANTS. In addition to the covenants and agreements made in the Security Instrument, <br />Borrower and Lender further covenant and agree as follows: <br />A. pun Obligations. Borrower shall perform all of Borrower's obligations under the PUD's <br />Constituent Documents. The "Constituent Documents" are the (i) Declaration; (il) articles of incorporation , <br />trust instrument or any equivalent document which creates the Owners AssociatIOn; and (iii) any by-laws or <br />other rules o~ regulations ofthe Owners Asspciation. Borrower shall promptly pay, when due, all dues and <br />assessments Imyosed pursuant to the Constituent Documents. <br />B. Property Insurance. So long as the Owners Association maintains with a generally <br />accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfuctory to <br />Lender and which provides insurance coverage in the amounts (inclUding deductible levels), fur the periods, <br />and against loss by fire, hazards included wIthin the term "extended coverage," and any other liazards, <br />including, but not limited to, earthguakes and floods, for which Lender requires insurance, then: (i) Lender <br />waives the provision in Section 3 tor the Periodic Payment to Lender ofthe yearly premium installments for <br />property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property <br />Insurance coverage on the Property is deemed satisfied to the extent that the required coverage is providea <br />by the Owners Association policy. <br />What Lender reqUires as a condition of this waiver can change during the term of the loan. <br />Borrower shall give Lender prompt notice of any lapse in required property insurance coverage <br />provided by the master or blanket pohcy. <br />In the event of a distribution of property insurance proceeds in lieu of restoration or repair <br />following a loss to the Property, or to common areas and facilities ofthe PUD, any proceeds payable to <br />Borrower are hereby assigned and shall be paid to Lender. Lender shall apply- the proceeds to the sums <br />secured by the Security Instrument, whether or not then due, with the excess, If anYbPaid to Borrower. <br />C. Pu blic Liability Insurance. Borrower shall take such actions as may e reasonable to insure <br />that the Qwners Association maintains a public liability insurance policy acceptable in form, amount, and <br />extent of coverage to Lender. <br />n. Condemnation. The proceeds of any award or claim for damages, direct or consequential, <br />payable to Borrower in connection With any _condemnation or other taking of all or any part ofthe Property <br />or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation , are hereby <br />assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the <br />Security Instrument as provided in Section II. <br />E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with <br />Lender's prior written consent, either partition or subdivide the Property or consentto: (i) the abandonment <br />or termination ofthe PUD, except for abandonment or termination reqUIred by law in ilie case o[substantial <br />destruction by fire or other casualty or in the case ofa taking b,Y condemnation or eminent domain; (ii) any <br />amendment to any provision ofthe "Constituent Documents' ifthe provision is for the express benefit of <br />Lender; (iii) termination of professional management and assumption of self-management of the Owners <br />AssociatIOn; or (iv) any action which would have the effect of rendering the puJjlic liability insurance <br />coverage maintamed by the Owners Association unacceptable to Lender. <br />F. Remedies. If Borrower does not pay PU D dues and assessments when due, then Lender may <br />]:lay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of <br />Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of <br />payt1).ent, these amounts shall bear interest from the date of disbursement at the Note rate and shall be <br />payable, with interest, upon notice from Lender to Borrower requesting payment. <br /> <br />BY STGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. <br /> <br /> <br />(Seal) <br /> <br />Borrower <br /> <br />(Seal) <br /> <br />(Seal) <br /> <br />Borrower <br /> <br />(Seal) <br /> <br />Borrower <br /> <br />MULTlSTATE PlIO RIDER--Single Family--Fannie MaelFreddie Mae UNIFORM INSTRUMENT <br />9840.CV (11/04) 2308053492 <br /> <br />Form 3150 1101 <br />(page I of I pages) <br />GOTO(OO 18aSd2) <br />