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1-4 FAMILY RIDER 98,_ 1�,2931 <br /> (Assignment of Rents) <br /> THIS 1-4 FAMILY RIDER is made this 318t day of March 1998 . and is incorporated into and shall be <br /> deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by <br /> the undersigned (the °Borrower^� to secure eorrowers Noce to The Overland National Bank of Grand Island <br /> (the "Lender") <br /> of the same date and covering the Property described in the Security Instrument and located at: <br /> 904 W. First Street Grand Island NE 68801 <br /> [Property Address] <br /> 1-4 FAMILY COVENANTS. �n addRion 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 <br /> in the SecurRy Instrument, the following ftems are added to the Property description, and shall also constkute the Property covered by the <br /> Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or <br /> intended to be used in connectlon wRh the Property, including, but not limfted to, those for the purposes of supplying or distribut(ng <br /> heating, cooling, electricRy, gas, water, ai� and light, fire prevention and extinguishing apparatus, securfty and access control apparatus, <br /> plumbing, bath tubs, water heaters, water closets, slnks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, <br /> storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached floor <br /> coverings now or hereaiter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be <br /> and remain a part of the Property covered by the Security Instrument. All of the foregoing together wkh the Property described in the <br /> Securky Instrument (or the leasehold estate if the Securiry Instrument is on a leasehold) are referred to fn this 1-4 Famiy Rider and the <br /> Security Instrument as the "Property". <br /> B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use ot <br /> the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply wfth all laws, <br /> ordinances, regulations and requirements of any govemmental body applicable to the Property. <br /> C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security <br /> Instrument to be perfected against the Property wkhout Lender's prior written permission. <br /> D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which <br /> insurance is required by Unfform Covenant 5. <br /> E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is de�eted. <br /> F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in wrking, the first sentence in Un'rform <br /> Covenant 6 concerning Borrower's occupancy of the Property is deleted. All remalning covenants and agreements set forth (n Unfform <br /> Covenant 6 shall remain in eHect. <br /> G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign to Lender all leases of the Property and all <br /> securRy deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or <br /> terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" <br /> shall mean "sublease" ff the Security Instrument is on a leasehold. <br /> H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely <br /> and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents <br /> of the Property are payable. Borrower suthorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the <br /> Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents unt11 (i) Lender has given Borrower <br /> notice of defauft pursuant to paragraph 21 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are <br /> to be paid to Lender or Lenders agent. This assignment of Rents constitutes an absolute assignment and not an assignment fo� <br /> additional security only. <br /> If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of <br /> Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the <br /> Rents of the Property; (iii) Bonower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's <br /> agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or <br /> Lender's agents shall be applied first to the costs o( taking control of and managing the Property and collecting the Rents, including, but <br /> not limited to, attomey's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, <br /> assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents <br /> or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to <br /> have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property <br /> without any showing as to the inadequacy of the Property as 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 collecting the <br /> Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security <br /> Instrument pursuant to Unfform Covenant 7. <br /> Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not <br /> 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 maintain the <br /> Property before or after giving notice of defauR to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may <br /> do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or <br /> remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are <br /> paid in full. • <br /> I. CROSS-DEFAULT PROVISION. Borrower's defauk 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 Instrument. <br /> BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. <br /> � �Cwn (Seal) <br /> eofOWef qa ond K. Seaman <br /> � � �� ���zaiz..� [sea�� <br /> Borrower Twila . Seaman <br /> eorrowsr <br /> [3831J <br /> Borrower <br /> �.SBS�] <br /> MULTISTATE 1-4 FAMILY RIDER - Fannie Mae/Freddie Mac Un'rfoRn instrument <br /> F1342.1M0(B/97) Form 3170 9/90 <br />