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This Second Deed of Trust (this "Second Deed of Trust"), is made as of June 28, 2001 by and <br />among AARON M WARDYN A/K/A AARON WARDYN, a single person ( "Trustor"), whose mailing <br />address is 1411 GRAND ISLAND AVE GRAND ISLAND, NE, 68803 - AND ; COMMERCIAL <br />FEDERAL BANK, A SAVINGS BANK, ( "Trustee "), whose mailing address is 450 Regency Parkway, <br />Omaha, Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is ,� n <br />200 Commerce Court, 1230 O Street, Lincoln, Nebraska, 68508 -1402. c,\ <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and <br />subject to the terms and conditions of this Second Deed of Trust, the real property, legally described on <br />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 <br />Property (collectively, the "rents "), all leases or subleases covering the Property or any portion thereof now <br />or hereafter existing or entered into, and all right, title and interest of Trustor thereunder, all right, title and <br />interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, <br />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 <br />water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, <br />lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and <br />strips and gores of land adjacent to or used in connection with the Property, and any and all buildings, <br />fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, <br />interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, <br />and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu <br />thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from <br />a change of grade of streets and awards for severance damages. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively <br />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 <br />Beneficiary; and <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon <br />at 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 Trustor in favor of Beneficiary and any other <br />instrument given to evidence or further secure the payment and performance of any obligation secured <br />hereby are referred to collectively as the "Loan Instruments ". <br />M <br />n n <br />C <br />rn N <br />o <br />_ <br />n <br />'c <br />H <br />c A <br />o, <br />cfl <br />M <br />(i <br />Cn <br />2 <br />v' <br />z =1 <br />N <br />CD <br />rn <br />rn <br />y <br />O <br />-n <br />H <br />CD <br />M <br />M <br />A Q3 <br />C=) <br />CO2 <br />V 1 r. <br />rr-. <br />N <br />rn <br />rn <br />w <br />s <br />C <br />.. �: <br />CM <br />C.') <br />co <br />M <br />NEBRASKA <br />2 <br />SECOND DEED OF TRUST <br />O O <br />4 9 S <br />(HBA Loan) <br />This Second Deed of Trust (this "Second Deed of Trust"), is made as of June 28, 2001 by and <br />among AARON M WARDYN A/K/A AARON WARDYN, a single person ( "Trustor"), whose mailing <br />address is 1411 GRAND ISLAND AVE GRAND ISLAND, NE, 68803 - AND ; COMMERCIAL <br />FEDERAL BANK, A SAVINGS BANK, ( "Trustee "), whose mailing address is 450 Regency Parkway, <br />Omaha, Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is ,� n <br />200 Commerce Court, 1230 O Street, Lincoln, Nebraska, 68508 -1402. c,\ <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and <br />subject to the terms and conditions of this Second Deed of Trust, the real property, legally described on <br />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 <br />Property (collectively, the "rents "), all leases or subleases covering the Property or any portion thereof now <br />or hereafter existing or entered into, and all right, title and interest of Trustor thereunder, all right, title and <br />interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, <br />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 <br />water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, <br />lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and <br />strips and gores of land adjacent to or used in connection with the Property, and any and all buildings, <br />fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, <br />interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, <br />and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu <br />thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from <br />a change of grade of streets and awards for severance damages. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively <br />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 <br />Beneficiary; and <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon <br />at 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 Trustor in favor of Beneficiary and any other <br />instrument given to evidence or further secure the payment and performance of any obligation secured <br />hereby are referred to collectively as the "Loan Instruments ". <br />