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<br />Z6850I7Z0Z
<br />IOVII1SSV •
<br />WHEN RECORDED MAIL TO:
<br />PINNACLE BANK
<br />GRAND ISLAND OFFICE
<br />106 E 3RD ST
<br />GRAND ISLAND. NE 68801
<br />REFUNDS:
<br />CASH
<br />CHECK_____-_
<br />RECORDED
<br />HALL COUNTY NE
<br />INST 2024 0 5 8 12 7024 NOV 15 P 3: 23
<br />1< R1STI \OLD
<br />REGISTER OF DEEDS
<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 />THIS DEED OF TRUST is dated November 15, 2024, among AKA INVESTMENTS, LLC, a
<br />Nebraska Limited Liability Company, whose address is 804 REDWOOD RD, GRAND ISLAND, NE
<br />68803 ("Trustor"); PINNACLE BANK, whose address is GRAND ISLAND OFFICE , 106 E 3RD
<br />ST, GRAND ISLAND, NE 68801 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and PINNACLE BANK, whose address is 106 E 3RD ST, GRAND ISLAND, NE
<br />68801 (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 Beneflciary, 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 />UNIT ONE (1), WEBB ROAD BUSINESS CONDOMINIUMS, IN THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN IN THE DECLARATION OF WEBB ROAD
<br />BUSINESS CONDOMINIUMS FILED OF RECORD ON NOVEMBER 8, 2023 AS INSTRUMENT
<br />NO. 202305888 IN THE OFFICE OF THE REGISTER OF DEEDS OF HALL COUNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly known as 1915 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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT
<br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY
<br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS
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