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<br /> NEBRASKA
<br /> SECOND DEED OF TRUST
<br /> (FIDA IAan)
<br /> Tfiis Second Deed of Trust lthis "Second Deed of Trust"), is made as o(Jan. 5th,200a by and amonfl
<br /> Jorge L. Chav z and Teresa..M. Chavez, Husband and Wife
<br /> ("�rustor"), whose mailing address is $1 2 Wset Joh Str et Gra d Island', NE
<br /> Commercial Federal Bank l"Truscee') , w�ose maiefinp �ddress�s�� Bo�C 1 1.03
<br /> �� , n 1 n�, Nebraska; and Nebraska Investment inance uthonty
<br /> ("Beneficiary"), whose mailing ad�ress s 200 Comm�r8ce�Cou�f,�1"Z30 O Street, Lincoln, Nebraska 68508-1402.
<br /> FOR VALUABLE CONSIDERATION, Trustor irrevocabiy transfers,conveys and assigns to Trustee, IN TRUST,WITH POWER
<br /> OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed of Trust,
<br /> the real property, lepally 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 Property(collectively, the'rents"),
<br /> all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered inio, and all right, title and
<br /> interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter
<br /> acquired, all interests, estate or other claims, both in law and i� equity, which Trustor now has or may hereafter acquire in the
<br /> Property, all easements, rigt�ts-of-way, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right,
<br /> tiile and interest of Trustor, now owned or hereafier 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 erecied thereon (the 'Improvements"), and all the
<br /> estate, interest, riflht, title or any claim or demand which Trusior now has or may hereafter acquire in the P�operty, and any and
<br /> all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of
<br /> the Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance
<br /> dama�es.
<br /> The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate".
<br /> For tha Purpose of Securinc�:
<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
<br /> sixteen percent (16°�) per annum.
<br /> The indebtedness described in paraflraphs 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 i�strument 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 /> Trustor covenants tf�at (i1 Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate,
<br /> (ii) the Trust Estate is free and clear o( all liens and encumbrances except for easements, restrictions and covenants of record and
<br /> the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and
<br /> (iii) Trustor will defend the Trust Estate apainst the lawful claims of any person.
<br /> To Protect tf�e Security of ttiis Second Deed of Trust:
<br /> 1. Payment ot/ndabtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and
<br /> all other sums as provided in the Loan �nstruments.
<br /> ,-1 � 1 �✓e/�!1 NIFA 2/98 �
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