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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 />, <br />� � h <br />rct y X <br />1 <br />C' I rn <br />p _ <br />O C^` Cf> <br />O c -i <br />p <br />� <br />f'1 Z cn <br />\ ? �'- <br />fv <br />co <br />7C <br />m --c <br />CD <br />O <br />Q <br />CO <br />r.r <br />-R' r '`' <br />O <br />a <br />rn 0 <br />O <br />Cz Cn <br />co <br />rn <br />n <br />G7 `i v <br />s <br />G <br />F� <br />O <br />C <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 MAY 12 20QOwb by and among <br />TERESSA SUE JPVMI") Aw�Q4iria 1%Raess is 228 EAST <br />ASHTON, GRAND ISLAND, NE 66801;, <br />_. <br />COMMERCIAL <br />FEDERAL BANK, A SAVINGS BANK( "Trustee ") <br />, whose mailing 'gddress is <br />45P <br />"Bene <br />REGFNCXX PARK,�AY OMA�3A Nebraska; and Nebraska Investment Finance Authority <br />( <br />iciary , w ose may ing address is 200 Commerce ourt, 1230 0 Street, <br />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 />