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<br /> SECOND DEED OF TRUST � �"'~ �
<br /> � (HSA Loan) �' -�
<br /> cr> �This Second Deed of Trust (this "Second Deed of Trust"), is made as of 1�21�00 ,=F�T,�, by and among �
<br /> DONALD E� �1CCULLEY, A SINGLE PERSON
<br /> f"Trustor"), whose mailing address is 3223 E SEEDLING �1ILE RD-GRAND ISLAND,NE; �T
<br /> 68801 ; CO�I�IERCIAL FEDERAL BANK, A st , whose mailing �ddress is `�`-- `-'
<br /> FED��� �A�IINGS �A�IK
<br /> H e raska; and Nebraska Investment Finance Authority
<br /> ('Beneficiary"1, whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508-1402.
<br /> FOR VALUABLE CONSIDERATION, Trustor irrevocably 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, legally 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 into, 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 in equity, which Trustor now has or may hereafter acquire in the
<br /> Property, all easements, rights-of-way, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right,
<br /> title and interesi of Trusior, 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, interest, right, title or any ctaim or demand which Trustor now has or may hereafter acquire in the Property, and any and
<br /> all awards made for the taking by emineni 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 /> damages.
<br /> The Property and the entire estate and interest conveyed to the Trustee are rererred 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 Seneficiary to protect the Trust Estate, with interest thereon at the rate cr
<br /> sixteen percent (16%) per annum.
<br /> The indebtedness described i� 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 ��
<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 that li) 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 of all liens and encumbrances except for easements, restrictions and covenants of record and
<br /> the Deed af Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Oeed of Trust'l, and
<br /> (iii) Trustor will defend the Trust Estate against the lawful claims of any person.
<br /> To Protect the Security of this Second Deed of Trust:
<br /> 1. Paymeni o!lndebtedness. 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.
<br /> NIFA 2/96
<br /> HBA-6
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