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200006673
<br />NEBRASKA
<br />SECOND DEED OF TRUST
<br />(HBA LOAN)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of October 13, 2000 by and among Mandria
<br />and Randy Bracha Jr ( "Trustor"), whose mailing address is 404 East Nebraska Street Grand Island, NE 68801;
<br />Wells Fargo Home Mortgage, Inc. ( "Trustee ") , Nebraska; and Nebraska Investment Finance Authority
<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, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and
<br />conditions of this Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and
<br />incorporated herein by reference (the "Property "); and
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property
<br />(collectively, the "rents "), all leases or subleases covering the Property or any portion thereof now or hereafter
<br />existing or entered into, and all right, title and interest of Trustor thereunder, all right, title and interest of Trustor in
<br />and to any greater estate in the Property owned or hereafter acquired, all interests, estate or other claims, both in law
<br />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
<br />Trustor, now owned or hereafter acquired, in and to any land, lying within the right -of -way of any street or highway
<br />adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with the
<br />Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the
<br />"Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may
<br />hereafter acquire in the Property, and any and all awards made for the taking by eminent domain, or by any
<br />proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any
<br />awards resulting from a change or 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 as the
<br />"Trust Estate ".
<br />For the Purpose of Securing:
<br />A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary;
<br />and
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at
<br />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 instrument given
<br />to evidence or further secure the payment and performance of any obligation secured hereby are referred to
<br />collectively as the "Loan Instruments ".
<br />Trustor covenants that (I) Trustor holds title to the Trust Estate and has lawful authority to encumber the
<br />Trust Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions
<br />and covenants of record and the Deed of Trust from Trustor encumbering the Property dated on or about the date
<br />hereof (the "First Deed of Trust "), and (iii) Trustor will defend the Trust Estate against the lawful claims of any
<br />person.
<br />To Protect the Security of this Second Deed of Trust:
<br />Payment oflndebtedness. Trustor shall pay when due the principal of, and the interest on, the
<br />Indebtedness and all other sums as provided in the Loan Instruments.
<br />Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now
<br />or hereafter levied against the Trust Estate or any part thereof before delinquency, without notice
<br />or demand.
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