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1Jv2I1SSY '1'9 <br />INST 1013 0 3 3 1 1 <br />WHEN RECORDED MAIL TO: <br />PINNACLE BANK <br />GRAND ISLAND OFFICE <br />106 E 3RD ST <br />GRAND ISLAND. NE 68801 <br />CA H C_ Z)-19° <br />CH CK <br />REFUNDS: <br />CASH <br />CHECK <br />HALL <br />(°* <br />Hf LL i.d .i '.1. TV NC <br />1013 JUL= : 08 <br />RE.GISTf.R CI' DEE! <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 3, 2023, among SHANNON BURKS, a single person, <br />whose address is 539 LITTLE BLUESTEM DR, GRAND ISLAND, NE 68803 ("Trustor"); <br />PINNACLE BANK, whose address is GRAND ISLAND OFFICE , 106 E 3RD ST, GRAND ISLAND, <br />NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />PINNACLE BANK, whose address is 106 E 3RD ST, GRAND ISLAND, NE 68801 (referred to <br />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, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property) located in HALL <br />County, State of Nebraska: <br />LOT ONE (1), MARY MOPPET SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA, EXCEPTING THEREFROM A TRACT OF LAND MORE <br />PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED AS DOCUMENT NO. <br />83-003973. <br />The Real Property or its address is commonly known as 1409 N WEBB RD, GRAND ISLAND, <br />NE 68803. <br />CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />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 />CROSS -COLLATERALIZATION EXEMPTION. During any time that the Real Property described in this Deed of Trust is <br />improved real estate located within a special flood hazard area, this Deed of Trust shall secure only the Note described <br />in this Deed of Trust (including any future advances made pursuant to such Note), notwithstanding any provisions to <br />the contrary (a) in this Deed of Trust, including without limitation, those contained in the sections titled <br />"Cross -Collateralization" or "Future Advances," or in the definition of "Indebtedness," or (b) in any other agreements, <br />now or in the future, between the Lender and Trustor other than a deed of trust which specifically identifies the Real <br />Property as collateral for other indebtedness owed to Lender. The terms "improved real estate" and "special flood <br />hazard area" as used in the preceding sentence shall have the meaning given to them in the Flood Disaster Protection <br />Act of 1973, 42 U.S.C. § 4001 et seq., and implementing regulations, 44 C.F.R. Parts 59 et seq., as the same may be <br />amended from time to time. <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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />