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MULTIFAMILY DEED OF TRUST,
<br />ASSIGNMENT OF LEASES AND RENTS,
<br />SECURITY AGREEMENT
<br />AND FIXTURE FILING
<br />201603849
<br />This MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
<br />SECURITY AGREEMENT AND FIXTURE FILING (as amended, restated, replaced,
<br />supplemented, or otherwise modified from time to time, the "Security Instrument ") dated as of
<br />June 22, 2016, is executed by CHERRY PARK, LLC, a limited liability company organized
<br />and existing under the laws of Nebraska, as grantor ( "Borrower "), to STEWART TITLE
<br />GUARANTY COMPANY, as trustee ( "Trustee "), for the benefit of BERKELEY POINT
<br />CAPITAL LLC, a limited liability company organized and existing under the laws of Delaware,
<br />as beneficiary ( "Lender ").
<br />Borrower, in consideration of (i) the loan in the original principal amount of $3,502,000
<br />(the "Mortgage Loan ") evidenced by that certain Multifamily Note dated as of the date of this
<br />Security Instrument, executed by Borrower and made payable to the order of Lender (as
<br />amended, restated, replaced, supplemented, or otherwise modified from time to time, the
<br />"Note "), (ii) that certain Multifamily Loan and Security Agreement dated as of the date of this
<br />Security Instrument, executed by and between Borrower and Lender (as amended, restated,
<br />replaced, supplemented or otherwise modified from time to time, the "Loan Agreement "), and
<br />(iii) the trust created by this Security Instrument, and to secure to Lender the repayment of the
<br />Indebtedness (as defined in this Security Instrument), and all renewals, extensions and
<br />modifications thereof, and the performance of the covenants and agreements of Borrower
<br />contained in the Loan Documents (as defined in the Loan Agreement), excluding the
<br />Environmental Indemnity Agreement (as defined in this Security Instrument), irrevocably and
<br />unconditionally mortgages, grants, warrants, conveys, bargains, sells, and assigns to Trustee, in
<br />trust, for benefit of Lender, with power of sale and right of entry and possession, the Mortgaged
<br />Property (as defined in this Security Instrument), including the real property located in Hall
<br />County, State of Nebraska, and described in Exhibit A attached to this Security Instrument and
<br />incorporated by reference (the "Land "), to have and to hold such Mortgaged Property unto
<br />Trustee and Trustee's successors and assigns, forever; Borrower hereby releasing, relinquishing
<br />and waiving, to the fullest extent allowed by law, all rights and benefits, if any, under and by
<br />virtue of the homestead exemption laws of the Property Jurisdiction (as defined in this Security
<br />Instrument), if applicable.
<br />Borrower represents and warrants that Borrower is lawfully seized of the Mortgaged
<br />Property and has the right, power and authority to mortgage, grant, warrant, convey, bargain, sell,
<br />and assign the Mortgaged Property, and that the Mortgaged Property is not encumbered by any
<br />Lien (as defined in this Security Instrument) other than Permitted Encumbrances (as defined in
<br />this Security Instrument). Borrower covenants that Borrower will warrant and defend the title to
<br />the Mortgaged Property against all claims and demands other than Permitted Encumbrances.
<br />Fannie Mae Multifamily Security Instrument
<br />Nebraska
<br />Form 6025.NE
<br />06 -12
<br />Page 1
<br />© 2012 Fannie Mae
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