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200001539 <br />j/, <br />�a <br />NEBRASKA <br />SECOND DEED OF TRUST <br />(HBA Loan) <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of 2 -24 -200,0 , by and among <br />Lawrence D. and Heather J. Stump, husband and wife <br />( "Trustor "), whose mailing address is 106 East Kansas Cairo NE 68824 % <br />Commercial Federal Bank ("Trustee ") whosA mailing address is PO Box 1103 <br />Omaha, NE -68101 -1103 Nebraska; and Nebraska Investment Finance Authority <br />( "Beneficiary "), whose mailing address is 200 Commerce Court, 1230 0 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 />tide 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, interest, right, title or any claim or demand which Trustor now has or may hereafter acquire In the Property, 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 />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 <br />sixteen percent (16 %) 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 <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 (i) 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 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 against the lawful claims of any person. <br />To Protect the Security of this Second Deed of Trust: <br />1. Payment of Indebtedness. 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 />n� <br />o <br />M <br />M <br />= <br />C_> CIO <br />• <br />m <br />cn <br />cn <br />� <br />'" <br />o <br />03 <br />' <br />7 • <br />O <br />o <br />r.i <br />O�� <br />;.v m <br />M <br />3 <br />GO <br />Cn <br />CO <br />CID <br />x <br />�. <br />O <br />Ca <br />CD <br />O <br />cn <br />200001539 <br />j/, <br />�a <br />NEBRASKA <br />SECOND DEED OF TRUST <br />(HBA Loan) <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of 2 -24 -200,0 , by and among <br />Lawrence D. and Heather J. Stump, husband and wife <br />( "Trustor "), whose mailing address is 106 East Kansas Cairo NE 68824 % <br />Commercial Federal Bank ("Trustee ") whosA mailing address is PO Box 1103 <br />Omaha, NE -68101 -1103 Nebraska; and Nebraska Investment Finance Authority <br />( "Beneficiary "), whose mailing address is 200 Commerce Court, 1230 0 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 />tide 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, interest, right, title or any claim or demand which Trustor now has or may hereafter acquire In the Property, 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 />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 <br />sixteen percent (16 %) 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 <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 (i) 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 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 against the lawful claims of any person. <br />To Protect the Security of this Second Deed of Trust: <br />1. Payment of Indebtedness. 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 />