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<br />N BRA
<br />SECOND DEED OF TRUST
<br />(HBA Loan)
<br />
<br />
<br />This Second Deed of Trust (this "Second Deed of Trust"), is made as of October 19th. 2005 by and among
<br />Ben;amin T VanBuskirk and Chelsie N Van Buskirk. husband and wife.
<br />jointly and each in their own riaht ("Trustor") whose mailing address is
<br />1104 N Locust St. GRAND ISLAND Nebraska 68801-3853 U.S. Bank Trust Company, ' 'C)
<br />National Association (''Trustee''), whose mailing address is 111 SW Fifth Ave, Portland, OR 97204; and Nebraska Investment ~s()
<br />Finance Authority ("Beneficiary"). whose mailing address is 200 Commerce Court, 12300 Street, Lincoln, Nebraska 68508-1402. -
<br />
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed
<br />of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property");
<br />and
<br />
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property (collectively, the
<br />"rents"), all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right,
<br />title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or
<br />hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in
<br />the Property, all easements, right-of-way, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all
<br />right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying within the right-of-way of any street or
<br />highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with the
<br />Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements"), and all the
<br />estate, mterest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all
<br />awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the
<br />Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance
<br />damages.
<br />
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate".
<br />
<br />For the Purpose of Securing:
<br />
<br />A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary; and
<br />
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of
<br />sixteen percent (16%) per annum.
<br />
<br />The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness."
<br />
<br />This Second Deed of Trust, any promissory note of Trustor in favor of Beneficiary and any other instrument given to
<br />evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan
<br />Instruments".
<br />
<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii)
<br />the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the
<br />Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and (iii) Trustor
<br />will defend the Trust Estate against the lawful claims of any person.
<br />
<br />To Protect the Security of this Second Deed of Trust:
<br />
<br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness
<br />and all other sums as provided in the Loan Instruments.
<br />
<br />HBADEED1.UFF
<br />
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