|
3"
<br />M 2
<br />R
<br />rs, �
<br />NEBRASKA
<br />m
<br />v
<br />0
<br />0 0 -t
<br />c D
<br />C-73 m
<br />0
<br />0
<br />Z!
<br />D C:J
<br />cn
<br />x
<br />D
<br />Cn
<br />N
<br />0
<br />N
<br />O
<br />O
<br />O
<br />H
<br />C)
<br />r-
<br />co
<br />H
<br />D
<br />ig
<br />Q
<br />ry
<br />a
<br />y
<br />C
<br />cv
<br />O
<br />SECOND DEED OF TRUST
<br />(HBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust'), is made as of November 30th 2000 by and among
<br />Mario D. Lopez Gomez and Sabina Vanegas Galdamez , husband and wife ( "Trustor "),
<br />whose mailing address is 242 South Sycamore Street Grand Island Nebraska 68801
<br />Commercial Federal Bank, A Federal Savings Bank ( "Trustee "), whose mailing
<br />address is 9850 "M" Street Omaha, NE 68127 , Nebraska;
<br />and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 0 Street, Lincoln, Nebraska
<br />68508 -1402.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
<br />the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed of Trust, the real property, legally
<br />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 "], all leases or
<br />subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Trustor
<br />thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, estate
<br />or other claims, both in law 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 Trustor, now owned hereafter
<br />acquired, in and to any land, lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips
<br />and gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter
<br />erected thereon (the "Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter
<br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of
<br />the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for
<br />severance 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 of sixteen percent (16 %)
<br />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 evidence or further
<br />secure the payment and performances of any obligation secured hereby are referred to collectively as the "Loan Instruments ".
<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the Trust
<br />Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed of Trust from
<br />Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust "), and (iii) Trustor will defend the Trust Estate
<br />against the lawful claims of any person.
<br />NIFA 3/96
<br />F133401MG (7/97) Page 1 of 5
<br />
|