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<br />NEBRASKA C',
<br />SECOND DEED O N
<br />..,F TRUST
<br />(F BA Loan) �
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of SeF rS, 1S , by and among
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<br />YlJark £n elkme . ( "Trustor "), whose mailing address is (016 5"114 It+hS+ret,+ 0606 R',va..r, r) � d
<br />gSin 1..`�arsort� ( "Trustee ") whose mailing address is y50 Rngene-y
<br />C�4 as Bw (1:-� �a� �4�t!�y °n"j On"a ha Nebraska; and Nebraska Investment Finance Authorit,
<br />( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508 -1402.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, INTRUST, WITH POWEI
<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 an(
<br />interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafte
<br />acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in tht
<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 o
<br />highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with tht
<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 an(
<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 o
<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 o
<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 tc
<br />evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loar
<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 ant
<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 ano
<br />all other sums as provided in the Loan Instruments.
<br />NIFA 2 /9E
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<br />NEBRASKA C',
<br />SECOND DEED O N
<br />..,F TRUST
<br />(F BA Loan) �
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of SeF rS, 1S , by and among
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<br />YlJark £n elkme . ( "Trustor "), whose mailing address is (016 5"114 It+hS+ret,+ 0606 R',va..r, r) � d
<br />gSin 1..`�arsort� ( "Trustee ") whose mailing address is y50 Rngene-y
<br />C�4 as Bw (1:-� �a� �4�t!�y °n"j On"a ha Nebraska; and Nebraska Investment Finance Authorit,
<br />( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508 -1402.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, INTRUST, WITH POWEI
<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 an(
<br />interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafte
<br />acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in tht
<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 o
<br />highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with tht
<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 an(
<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 o
<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 o
<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 tc
<br />evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loar
<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 ant
<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 ano
<br />all other sums as provided in the Loan Instruments.
<br />NIFA 2 /9E
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