|
r n (n
<br />y
<br />y
<br />�v
<br />C7
<br />M
<br />=
<br />o'
<br />-n
<br />M
<br />Z
<br />(n
<br />a
<br />C7
<br />c�
<br />Ln
<br />ry
<br />m
<br />CL
<br />o
<br />CD
<br />�[
<br />�•"
<br />rn Z
<br />_.
<br />rn �
<br />z rn
<br />co
<br />C�
<br />rn
<br />.-r•
<br />cn
<br />r
<br />rV
<br />N
<br />Cn
<br />CCD
<br />7c
<br />CO
<br />�
<br />°
<br />o0)
<br />C
<br />200002901.
<br />rJ,
<br />NEBRASKA
<br />SECOND DEED OF TRUST
<br />MBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of April 7 2000 by and among
<br />Christopher M. Dahlke a single man Alicia A. Johnson asingle woman
<br />as joint tenna( Erustor "), whose mailing address is 1207 West 9th street, Grand Island,; NE
<br />Commercial Federal Bank ( "Trustee ") , whose mailing address isPO Box 110 3
<br />Omaha, NE 68101 —1 1 0.3 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 />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 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 />
|