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<br />NEBRASKA
<br />SECOND DEED OF TRUST
<br />(HBA Loan)
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<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of September 22, 2000 by
<br />and among TANNER J MALY AND ( "Trustor "), whose mailing address is 105 W 15TH GRAND
<br />ISLAND, NE, 68801- ;COMMERCIAL FEDERAL BANK, A SAVINGS BANK, ( "Trustee "), whose
<br />mailing address is 450 Regency Parkway, Omaha, Nebraska; and Nebraska Investment Finance Authority �(\�
<br />( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska, 68508-
<br />1402. \
<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, al I
<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 ".
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