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LEVERINGTON GI <br />rn <br />m N <br />1102324 <br />^ n <br />1 t <br />X cA <br />n = <br />r1 A c D <br />n1 <br />tC_ <br />D <br />7.0 r: <br />-1 r\-) <br />CD <br />s� <br />o CD <br />w <br />CD <br />y <br />c� <br />:;?-" F--H <br />a <br />rn <br />'' rrr <br />C:) <br />ti <br />Cn <br />f D CO <br />�e <br />ID► <br />GJ <br />� <br />Co <br />� <br />� <br />Till <br />D <br />CD <br />C <br />NEBRASKA <br />�--f <br />SECOND DEED OF TRUST <br />rill <br />(HBA Loan) <br />rill <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of A u g u s t 3 1 , <br />2 0 0 1 by and among <br />c <br />Christopher E Leveringt n apd <br />( "Trustor "), whose mailing address is $ 1 4 <br />ev rnQto HHu b nd <br />Rachel L ]] <br />t S u n s e t, G r a n �d 1 s l d n a; N E �b 8 0 1 <br />and Wife <br />Commercial Federal Bank, A <br />Federal Savings Bank ("Trustee"), whose mailing address is <br />1 O m a h a , Nebraska; and Nebraska Investment Finance Authority <br />( "Beneficiary"), whose mailing addres is 200 Commerce Court, 1230 0 Street, Lincoln, Nebraska 68508 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second <br />Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the <br />"Property'); and <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property (collectively, the <br />"rents "), all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and <br />all right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the <br />Property owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has <br />or may hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances <br />thereof and thereto, all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any <br />land, lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and <br />gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures and improvements now <br />or hereafter erected thereon (the "Improvements "), and all the estate, interest, right, title or any claim or demand which <br />Trustor now has or may hereafter acquire in the Property, and any and all awards made for taking by eminent domain, or by <br />any 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 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 as the "Trust <br />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 of <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 to <br />evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as <br />the "Loan Instruments ". <br />Trustor covenants that (i) Trustor holds title to the Trust Estate and haw lawful authority to encumber the Trust Estate, (ii) <br />the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record <br />and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust "), <br />and (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 theprincipal of, and the interest on, the Indebtedness <br />and all other sums as provided in the Loan Instruments. <br />NIFA 2/96 <br />