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C7 <br />NEBRASKA <br />SECOND DEED 01= TRUST <br />Tr This Second Deed of Trust (this 'Second Deed of Trust*), ), ismade as of November, 9th boy end among <br />Grant E, and Leah A. Fairbanks, husband and wife <br />('Trusto( '1. whose mailing address is }, <br />Commercial Federal Bagirustee ") 823West 5 w- itosetm�get eaddress isd Island 68801 <br />(*Beneficiary'), f� n1 ebraska; and Nebraska Investment FpnCan Boi irtt110 y3 <br />ry'I whose mailin address I�zt7t7 t;orc� L1o�irt, 11213 Street, Uncoln, Nebraska 68508-1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER <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 b reference (the 'Property'); <br />g Y p <br />y and <br />TOGETIIER 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, tide and <br />interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter <br />acquired, all interests, 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, 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 or <br />highway adjoining tite 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 '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 and <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 at <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 of <br />sixteen percent (1696) 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 the 'Loan <br />Instruments'. <br />Trustor covenants that GI Trustor holds title to ttte Trust Estate and has lawful authority to encumber the Trust Estate. <br />Gil the Trust Estate Is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and <br />the Deed of Trust from Trustor encumbering ttte Property dated on or about the date hereof Idle 'First Deed of Trust'), and <br />01 Trustor will defend the Trust !state against the lawful claims of any person. <br />To Protect the Security of this Second Deed of Trust: <br />(1 e) <br />c <br />n <br />o <br />2 <br />D <br />p <br />~ <br />c --q <br />o <br />�_ <br />n <br />S <br />c <br />�m <br />rV <br />co <br />C <br />o <br />o <br />cCo <br />C7 <br />M <br />COO <br />M <br />03 <br />MX <br />� <br />Ca <br />; <br />Cn <br />C <br />co <br />1t <br />N <br />J <br />0 <br />NEBRASKA <br />SECOND DEED 01= TRUST <br />Tr This Second Deed of Trust (this 'Second Deed of Trust*), ), ismade as of November, 9th boy end among <br />Grant E, and Leah A. Fairbanks, husband and wife <br />('Trusto( '1. whose mailing address is }, <br />Commercial Federal Bagirustee ") 823West 5 w- itosetm�get eaddress isd Island 68801 <br />(*Beneficiary'), f� n1 ebraska; and Nebraska Investment FpnCan Boi irtt110 y3 <br />ry'I whose mailin address I�zt7t7 t;orc� L1o�irt, 11213 Street, Uncoln, Nebraska 68508-1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER <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 b reference (the 'Property'); <br />g Y p <br />y and <br />TOGETIIER 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, tide and <br />interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter <br />acquired, all interests, 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, 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 or <br />highway adjoining tite 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 '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 and <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 at <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 of <br />sixteen percent (1696) 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 the 'Loan <br />Instruments'. <br />Trustor covenants that GI Trustor holds title to ttte Trust Estate and has lawful authority to encumber the Trust Estate. <br />Gil the Trust Estate Is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and <br />the Deed of Trust from Trustor encumbering ttte Property dated on or about the date hereof Idle 'First Deed of Trust'), and <br />01 Trustor will defend the Trust !state against the lawful claims of any person. <br />To Protect the Security of this Second Deed of Trust: <br />