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<br />200900289 <br /> <br />PLANNED UNIT DEVELOPMENT RIDER <br /> <br />THIS PLANNED UNIT DEVELOPMENT RIDER is made this 8th day of January , <br />2009 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or <br />Security Deed (the "Security Instrument") ofthe same date, given by the undersigned (the "Borrower") to secure <br />Borrower's Note to Pinnacle Bank <br />(the "Lender") of the same date and coverin~ 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 homeowners association or equivalent entity <br />owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits <br />and proceeds ofBorrower'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. PUD 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 or. regulations of the Owners Asspciation. Borrower shall promptly pay, when due, all dues and <br />assessments Imposed 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: 0) Lender <br />waives tfie provision in Section 3 for the Periodic Payment to Lender ofthe yearly premium installments fur <br />property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property <br />msurance coverage 01} tl}e Prol?~rty 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 ofthe loan. <br />. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage <br />proVided by the master or blanket policy. <br />In the event of a distribution of property insurance Jlroceeds 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 applx 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. Public Liability Insurance. Borrower shall take such actions as may e reasonable to insure <br />that the Owners 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 ofan 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 11. <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 consent to: (i) the abandonment <br />or termination of the PUD, exce}Jt for abandonment or termination reqUired by law in the case of substantial <br />destruction by fire or other casualty or in the case of a taking bi: condemnation or eminent domain; (ii) any <br />amendment to any provision of the "Constituent Documents' if the 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 bave the effect of rendering the public liability insurance <br />coverage maintamed by the Owners Association unacceptable to Lender. <br />F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may <br />}Jay 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 SIGNING 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 />Borrower <br /> <br />MULTISTATE pun RlDER--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />9840.CY (8/08) 2308058639 <br /> <br />Form 3150 1/01 <br />(page 1 of 1 pages) <br />Creative Thinking, Inc. <br /> <br />GOTO(00Ica71a) <br />