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c <br />(HBA Loan) 111-t <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of June 23rd 2000 by and among <br />Thad S Nobles , an unmarried individual ( "Trustor "), <br />whose mailing address is 264 S Kimball St Grand Island Nebraska 68801 <br />Commercial Federal Bank, A Federal Savings Bank ( "Trustee "), whose mailing <br />address is 9850 "M" St. Omaha, NE 68127 -2056 Nebraska; <br />and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 0 Street, Lincoln, Nebraska <br />68508 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for <br />the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed of Trust, the real property, legally <br />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 "], all leases or <br />subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Trustor <br />thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, estate <br />or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in the Property, all easements, rights -of -way, <br />tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right, title and interest of Trustor, now owned hereafter <br />acquired, in and to any land, lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips <br />and gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter <br />erected thereon (the "Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter <br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of <br />the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for <br />severance 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 sixteen percent (16 %) <br />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 evidence or further <br />secure the payment and performances of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the Trust <br />Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed of Trust from <br />Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust "), and (iii) Trustor will defend the Trust Estate <br />against the lawful claims of any person. <br />NIFA 3/96 <br />F13340.LMG (8/98) Page 1 of 5 <br />�v <br />o <br />o --- i <br />o <br />m <br />(n <br />t <br />,— <br />r'r'M <br />o <br />N <br />p <br />Obi <br />O O. <br />rn r; <br />v t <br />co <br />O N <br />rn (a <br />o <br />_' <br />CID <br />r <br />r— D <br />CIl E N <br />`\ <br />D <br />Ul <br />Z <br />NEBRASKA <br />C O <br />SECOND <br />DEED OF <br />TRUST <br />(HBA Loan) 111-t <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of June 23rd 2000 by and among <br />Thad S Nobles , an unmarried individual ( "Trustor "), <br />whose mailing address is 264 S Kimball St Grand Island Nebraska 68801 <br />Commercial Federal Bank, A Federal Savings Bank ( "Trustee "), whose mailing <br />address is 9850 "M" St. Omaha, NE 68127 -2056 Nebraska; <br />and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 0 Street, Lincoln, Nebraska <br />68508 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for <br />the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed of Trust, the real property, legally <br />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 "], all leases or <br />subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Trustor <br />thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, estate <br />or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in the Property, all easements, rights -of -way, <br />tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right, title and interest of Trustor, now owned hereafter <br />acquired, in and to any land, lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips <br />and gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter <br />erected thereon (the "Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter <br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of <br />the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for <br />severance 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 sixteen percent (16 %) <br />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 evidence or further <br />secure the payment and performances of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the Trust <br />Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed of Trust from <br />Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust "), and (iii) Trustor will defend the Trust Estate <br />against the lawful claims of any person. <br />NIFA 3/96 <br />F13340.LMG (8/98) Page 1 of 5 <br />