|
� � �� � �� � � �
<br /> rn n �
<br /> �
<br /> z y z n s -;
<br /> � � � � � � �
<br /> � � � c_ c a ,o
<br /> ��'� z --�i +n 'N �
<br /> e' `< 0 4 c'��
<br /> � —.] O � p c'�s�
<br /> � � fl.
<br /> r , p , � � � � o N
<br /> (n r'
<br /> U� i'"' ja. �
<br /> �� � 0 � N �
<br /> �, c
<br /> :� � ,,..��,,, �..,a �
<br /> � �, —� �
<br /> NEBRASKA c
<br /> SECOND DEED OF TRUST �
<br /> (HBA Loan) �� ,,
<br /> ��
<br /> This Second Deed of Trust (this "Second Deed of Trust"), is made as of November 24th 1999 , by and among Q
<br /> Kenneth R. Swanson , a sinqle person (��Trustor��) �
<br /> whose mailing address is 1211 W 4th Street Grand Island Nebraska 68801
<br /> Commercial Federal Bank, A Federal Savinas Bank (��Trustee"), whose mailing
<br /> address is P.O. Box 82535 Lincoln, NE 68501-2535 , Nebraska;
<br /> and Nebraska Investment Finance Authority ("Beneficiary"), whose mailing address is 200 Commerce Court, 1230 0 Street, Lincoln, Nebraska
<br /> 68508-1402.
<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 properry, legally
<br /> described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and
<br /> TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Properry [collectively, the "rents"], all leases or
<br /> subleases covering the Property or any portion thereof now or hereafter existing 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 law 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 hereafter
<br /> acquired, in and to any land, lying within the right-of-way of any street or highway adjoining the Property, and any and all alleys and strips
<br /> and gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures 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 taking by eminent domain, or by any proceeding or purchase in lieu thereof, of
<br /> the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for
<br /> severance damages.
<br /> The Property and the entire 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 sixteen 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 given 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 free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed of Trust from
<br /> Trustor encumbering the Property dated on or about the date hereof (the "First Deed of TrusY'), and (iii) Trustor will defend the Trust Estate
<br /> against the lawful claims of any person.
<br /> NIFA 3/96
<br /> F�3340.LMG (8/9B) Page 1 of 5
<br />
|