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<br /> NEBRASKA ��
<br /> SECOND DEED OF TRUST `�O
<br /> (HBA I�an)
<br /> This Second Deed of Trust Ithis "Second Deed of Trust"), is made as of 01 —1 8 2 0 0 0, by and among
<br /> Julio Minjarez—Torres & Nicolasa Minjarez, Husband & Wife
<br /> l'Trustor"), whose mailing address is608NorthBroadwellGrandIsland,NE6880�1
<br /> Commercial Federal Bank ("Truscee•) , whose mailing address i$Q box1 1 p3
<br /> Omaha NE 6810�-1103 � Nebraska; and Nebraska Investme�t Fi�ance Autfioriry
<br /> ("Beneficiary"), whose mailing add�ess is ZQO Commerce ourt, 1230 O Street, Lincoln, Nebraska 68508-1402.
<br /> FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers,conveys and assigns to Trustee, IN TRUST,WITH POWEA
<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, legally described on Exhibit A attached hereto and incorporated herein by �efe�ence (the "Property"); and
<br /> TOGETHER WITH,all rents, profits, royalties, income and other benefits derived from the Property(collectively, the"rents"),
<br /> all teases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and
<br /> in[erest oi 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 in equity, which Trustor now has or may hereafter acquire in the
<br /> Property, all easements, rights-of-way, tenements, he�editaments and appurienances thereof and thereto, a�l water rights, all right,
<br /> 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 alt the
<br /> estate, interest, ri4ht, titte or any claim or demand which Trustor 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 limitatio� any awards resulting fram a change of grade of streets and awards for severance
<br /> damages.
<br /> The Property and the entire estate and interest conveyed to the T�ustee are referred to collectively as the "Trust Estate".
<br /> For the Purpose of Sacur(ng:
<br /> A. Payment of indebtedness evidenced by any p�omissory note of Trustor in tavor of Beneflciary; and
<br /> B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the �ate of
<br /> sixteen percent (16%) per annum.
<br /> The (ndebtedness 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 instrument given to
<br /> evidence or further secure the payment and pertormance of any obligation secured hereby are referred to collectively as the 'Loan
<br /> Instruments".
<br /> Trustor covenants that li) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate,
<br /> i��) the Trust Estate is (ree and clear of all liens and encumb�ances except for easements, restrictions and covenants of record and i
<br /> the �eed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Oeed of Trust"), and �
<br /> (iii) Trustor will detend the Trust Estate aflainst the lawful claims of any person.
<br /> To Protect the Sacu�ity of this Second Deed of Trust:
<br /> 1. Paymenf ot/ndebtadness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and
<br /> all other sums as provided in the Loan Instruments.
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