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<br /> NEBRASKA
<br /> SECOND DEED OF TRUST �
<br /> (HBA Loan) C�' �
<br /> �
<br /> This Second Deed of Trust (this "Second Deed of Trust"), is made as of April 23rd , 1998 . by and amo��
<br /> CHAD L SMITH AND LESLIE M BELZER BOTH AS UNMARRIED INDIVIDUALS (^Trustor^),
<br /> whose mailing address is 103 W 14TH ST GRAND ISLAND NEBRASKA 68801 ,
<br /> COMMERCIAL FEDERAL BANK A FEDERAL SAVINGS BANK ("Trustee"), whose maiiing
<br /> address is 9850 "M" ST. OMAHA NE 68127-2056 Nebraska;
<br /> and Nebraska Investment Finance Authority ("Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska
<br /> 6850&1402.
<br /> FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
<br /> the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed of Trust, the real property, legally
<br /> described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and
<br /> TOGETHER WITH, all rents, profits, royafties, income and other benefits derived from the Property [collectively, the "rents"J, all leases or
<br /> subleases covering the Property or any portion thereof now or hereaRer euisting or entered into, and all right, title and interest of Trustor
<br /> thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, estate
<br /> or other claims, both in Iaw and in equity, which Trustor now has or may hereafter acquire in the Property, all easements, rights-of-way,
<br /> tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right, title and interest of Trustor, now owned hereaRer
<br /> acquired, in and to any land, ying within the right-of-way of any street or highway adjoining the Property, and any and all alleys and strips
<br /> and gores of Iand adjacent to or used in connection with the Property, and any and all buildings, f'octures and improvements now or hereafter
<br /> erected thereon (the "Improvements"), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter
<br /> acquire in the Property, and any and all awards made for the tak�g by eminent domain, or by any proceeding or purchase in I'�eu thereof, of
<br /> the whole or any part of the Trust Estate, including without limitation any awards resuft�g from a change of grade of streets and awards for
<br /> severance damages.
<br /> The Property and the ent�e estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate".
<br /> For the Purpose of Securing:
<br /> A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary; and
<br /> B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of sudeen percent (16%)
<br /> per annum.
<br /> The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness."
<br /> This Second Deed of Trust, any promissory note of Trustor in favor of Beneficiary and any other instrument gfven to evidence or further
<br /> secure the payment and performances of any obligation secured hereby are referred to collectively as the "Loan Instruments".
<br /> Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the Trust
<br /> Estate is iree and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed of Tnist from
<br /> Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and (iii) Trustor will defend the Trust Estate
<br /> against the lawful claims of any person.
<br /> NIFA 3/96
<br /> F7334o.LM0(7/67) Page 1 of 5
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