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MAY -03 -2001 THU 0141 PM FAX N0.
<br />NEBRASKA 200104098
<br />SECOND DEED OF TRUST
<br />(HBA LOAN)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of May 3rd, 2001 by and among Arnlando G
<br />Aguilar and Olga M Aguilar ( "'finstoe,), whose mailing address is 252 Sough Plum Street Grand Island, NE 68801;
<br />Commercial Federal Bank, A federal Savings Bank ('`Trustee "), whose mailing address is PO Box 1103 Omaha,
<br />NE 68101 -1105; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200
<br />Commerce Court, 1230 O Street, Lincoln, Nebraska 68508 -1402,
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN
<br />TRUST. WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and
<br />conditions of this Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and
<br />incorporated herein by reference (ate "Property"), and
<br />TOGETHER WITI'I, all rents, profits, royalties, income and other benefits derived from the Property
<br />(collectively, the "rents "), all leases or subleases covering the Property or any portiolh thereof now or hereafter
<br />existing or entered into, and all right, title and interest of Tnrstor thercuutder, all right, title and interest of Trustor in
<br />and to any greater cstatc in the Property owned or hereafter acquired, all interests, estate or other claims, both in law
<br />and in equity, which Trustor now has or may hereafter acquire in the Property, all casements, rights -of -way,
<br />tenements, hcrcdhaments and appurtenances thereof and thereto, all water rights, all right, title and interest of
<br />Trustor, now owned or hereafter acquired, in and to any land, lying within the right-of-way of any street or highway
<br />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
<br />"Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may
<br />hereafter acquire in the Property, and any and all awards made for the taking by eminent domain, or by any
<br />proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any
<br />awards restilling from :a change or gradc of streets and awards for severance damages.
<br />°I'lae Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the
<br />"Tract Estate ".
<br />For the Purpose of Securing:
<br />A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary;
<br />and
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at
<br />the rate of 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 Trstor in favor of Beneficiary and any other instrument given
<br />to evidence or further secure the payment and performance of any obligation secured hereby are referred to
<br />collectively as the "Loan lnstnuments ".
<br />Trustor covenants that (1) Tnrstor holds title to the Tnist Estate and has lawful authority to encumber the
<br />Tnast Estate, (ii) the TmstEstatc is fret: and clear of all liens and encumbrances except for casements, restrictions
<br />and covenants of record and the Deed of Trust from Tnustor encumbering the Property dated on or about (lie date
<br />hereof (the "First Decd of Trust "), and (iii) Trustor will defend the Trust Estate against the lawful claims of any
<br />person.
<br />To Protect the Security of this Second Decd of Trust:
<br />Payment oflndebtedness, Trustor shall pay when due the principal of, and the interest on, the
<br />Indebtedness and all other sums as provided in the Loan Instruments.
<br />P. 17/42
<br />Toxec. Trustor slrall pay each uistallment of all takes and special assessments of every kind, now
<br />or hereafter levied against the Tnrst Estate or any part thereof before delinquency, without notice
<br />or dem;tnd.
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