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200005283 NEBRASKA SECOND DEED OF TRUST (HBA Loan) This Second Deed of Trust (this "Second Deed of Trust "), is made as of June 27, 2000 by and among DAVID H BERRY AND MELINDA R BERRY ( "Trustor "), whose mailing address is 415 NORTH SHERIDAN GRAND ISLAND, NE, 68803- ; COMMERCIAL FEDERAL BANK, A SAVINGS BANK, ( "Trustee "), whose mailing address is 450 Regency Parkway, Omaha, Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska, 68508 -1402. FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property "); and TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property (collectively, the "rents "), all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, estate 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, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right, 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 highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter 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 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 severance damages. The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate ". For the Purpose of Securing: A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary; and B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of sixteen percent (16 %) per annum. The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness." This Second Deed of Trust, any promissory note of Trustor in favor of Beneficiary and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". M 2 f� ll z � c� acv � C= D rn m O d �4` N 't y O O i O Tj 1 �' Z O= rn r— 13. trt cn W co NC* co ~' ca WO NEBRASKA SECOND DEED OF TRUST (HBA Loan) This Second Deed of Trust (this "Second Deed of Trust "), is made as of June 27, 2000 by and among DAVID H BERRY AND MELINDA R BERRY ( "Trustor "), whose mailing address is 415 NORTH SHERIDAN GRAND ISLAND, NE, 68803- ; COMMERCIAL FEDERAL BANK, A SAVINGS BANK, ( "Trustee "), whose mailing address is 450 Regency Parkway, Omaha, Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska, 68508 -1402. FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property "); and TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property (collectively, the "rents "), all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, estate 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, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right, 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 highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter 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 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 severance damages. The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate ". For the Purpose of Securing: A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary; and B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of sixteen percent (16 %) per annum. The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness." This Second Deed of Trust, any promissory note of Trustor in favor of Beneficiary and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ".