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202500373
<br />MULTIFAMILY DEED OF TRUST,
<br />ASSIGNMENT OF RENTS
<br />AND SECURITY AGREEMENT
<br />NEBRASKA
<br />(Revised 3-1-2014)
<br />THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY
<br />AGREEMENT ("Instrument") is made as of January 22, 2025, by Clipper Oak Pointe LLC, a
<br />limited liability company organized and existing under the laws of California, whose address is
<br />2488 Historic Decatur Road, Suite 250, San Diego, California 92106, as grantor, ("Borrower"),
<br />to Old Republic National Title Insurance Company, whose address is 14323 South Outer 40 Rd,
<br />Ste 200S, Chesterfield, MO 63017-5700, as trustee ("Trustee"), for the benefit of NorthMarq
<br />Capital, LLC, a limited liability company organized and existing under the laws of Minnesota,
<br />whose address is 3500 American Boulevard West, Suite 500, Bloomington, Minnesota 55431, as
<br />beneficiary ("Lender"). Borrower's organizational identification number, if applicable, is
<br />202464616336.
<br />RECITAL
<br />Borrower, in consideration of the Indebtedness and the trust created by this Instrument,
<br />irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the Mortgaged
<br />Property, including the Land located in Hall County, State of Nebraska and described in Exhibit
<br />A attached to this Instrument.
<br />AGREEMENT
<br />TO SECURE TO LENDER the repayment of the Indebtedness evidenced by Borrower's
<br />Multifamily Note payable to Lender dated as of the date of this Instrument, and maturing on
<br />February 1, 2035 ("Maturity Date"), in the principal amount of $14,883,000.00, and all
<br />renewals, extensions and modifications of the Indebtedness, and the performance of the
<br />covenants and agreements of Borrower contained in the Loan Documents.
<br />Borrower represents and warrants that Borrower is lawfully seized of the Mortgaged Property
<br />and has the right, power and authority to grant, convey and assign the Mortgaged Property, and
<br />that the Mortgaged Property is unencumbered except as shown on the schedule of exceptions to
<br />coverage in the title policy issued to and accepted by Lender contemporaneously with the
<br />execution and recordation of this Instrument and insuring Lender's interest in the Mortgaged
<br />Property ("Schedule of Title Exceptions"). Borrower covenants that Borrower will warrant and
<br />defend generally the title to the Mortgaged Property against all claims and demands, subject to
<br />any easements and restrictions listed in the Schedule of Title Exceptions.
<br />Nebraska
<br />Multifamily Deed of Trust, Assignment of Rents
<br />and Security Agreement
<br />Page 2
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