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13V211SSV 'I'S
<br />INST 2023 01289
<br />WHEN RECORDED MAIL TO:
<br />PATHWAY BANK
<br />GRAND ISLAND BRANCH
<br />3333 W STATE ST
<br />GRAND ISLAND , NE 68803
<br />CAS\1 C 52?°
<br />CHECK
<br />REFUNDS:
<br />CASH
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<br />123 F:' ` ► i° 3: 30
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<br />REGISTER OF DEEDS
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<br />FOR RECORDER'S USE ONLY
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time
<br />$2,000,000.00.
<br />THIS DEED OF TRUST is dated March 17, 2023, among Southeast Crossings LLC, whose
<br />address is PO Box 139, Grand Island, NE 68802-0139; A Nebraska Limited Liability Company
<br />("Trustor"); PATHWAY BANK, whose address is GRAND ISLAND BRANCH, 3333 W STATE
<br />ST, GRAND ISLAND , NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Pathway Bank, whose address is 3333 W State St, Grand Island, NE
<br />68803 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, androfits relatingto the real property, includingwithout
<br />limitation all minerals, oil, gas, geothermal and similar matters, profits
<br />"Real roperty") located in Hall ounty,
<br />State of Nebraska:
<br />Lot Eleven (11), Woodland Second Subdivision, an Addition to the City of Grand Island, Hall
<br />County, Nebraska EXCEPTING a certain tract to the City of Grand Island more particularly
<br />described in Deed recorded as Document No. 200007531.
<br />The Real Property or its address is commonly known as 3333 Ramada Rd, Grand Island, NE
<br />68801-8875. The Real Property tax identification number is 400143127.
<br />CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation,
<br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion
<br />may loan to Borrower or Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
<br />THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency"
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sale.
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