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C H C °°
<br />CHECK
<br />96850iZ0Z
<br />!OVUM TO
<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 I b 2024 NOV I P 3: 24
<br />KF S I I WOLD
<br />REGISTER OF DEEDS
<br />FOR RECORDER'S USE ONLY c2
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated November 15, 2024, among ALEXANDER R ANANIA and KERI
<br />E ANANIA, whose address is 804 REDWOOD RD, 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 ELEVEN (11), WESTWOOD PARK SIXTH SUBDIVISION IN THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 804 REDWOOD RD, GRAND ISLAND,
<br />NE 68803.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br />Borrower whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed
<br />of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan
<br />to Borrower, 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) PERFORMANCE OF A GUARANTY FROM TRUSTOR TO LENDER,
<br />AND DOES NOT DIRECTLY SECURE THE OBLIGATIONS DUE LENDER UNDER THE NOTE, (B) PAYMENT OF THE
<br />INDEBTEDNESS AND (C) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER 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 BORROWER'S OBLIGATIONS UNDER THAT
<br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY
<br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF
<br />TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S WAIVERS. This Deed of Trust secures a guaranty and does not directly secure the Indebtedness due
<br />Lender under the Note. Trustor waives any and all rights and defenses based on suretyship or impairment of collateral
<br />including, but not limited to, any rights or defenses arising by reason of (a) any "one -action" or "anti -deficiency" law,
<br />or any other law that may prevent Lender from bringing any action or claim for deficiency against Borrower, (b) any
<br />election of remedies by Lender which may limit Trustor's rights to proceed against any party indebted under the Note,
<br />or (c) any disability or defense of any party indebted under the Note, any other guarantor or any other person by reason
<br />of cessation of the Indebtedness due under the Note for any reason other than full payment of the Note.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall strictly perform all
<br />of Trustor's obligations under the Guaranty and under this Deed of Trust.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Lender and Trustor agree that Borrower's and Trustor's
<br />possession and use of the Property shall be governed by the following provisions:
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