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A <br />—I <br />.m^ <br />tt l f <br />`p <br />NEBRASKA <br />SECOND DEED OF TRUST <br />O <br />n V) <br />M <br />n <br />�. <br />n <br />2 <br />D <br />Cc <br />M <br />cn <br />L <br />n <br />2 <br />� <br />o C <br />m <br />CD <br />1 <br />NEBRASKA <br />SECOND DEED OF TRUST <br />V <br />O <br />O A Loan) <br />This Second Deed of Trust (this 'Second Deed of Trust-1, is made as of 1 1 —1 6 -01 <br />Kimberly and Juan Rios, Wife and Husband by and among <br />Commercial (Federal sBankn9 address is 1414 North Locust St. Grand Island ;NE68801 <br />( Trustee 1 , w h o s e mailing address is PO BOX 1 1 0 3 <br />Omaha NE 681 01 -1 1 Qbraska; 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 TRUST, VATH 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 by reference (tile 'Property'); and <br />TOGEMER VVITli, 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 sweet or <br />highway 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 'Improvements'), and all the <br />estate, interest, right, tide 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 of <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 (16%1 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 fl Trustor holds title to the 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, restdctlons and covenants of record and <br />the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the 'First Deed of Trust% and <br />GiQ Trustor will defend the Trust Estate against the lawful claims of any person. <br />To Protect the Security of this Second Dead of Trust: <br />O <br />n V) <br />('r <br />p <br />C D <br />N <br />C0 <br />M <br />o C <br />m <br />CD <br />C= <br />"� p <br />'T1 <br />O <br />LO <br />•. r <br />Z <br />1 <br />= M <br />C,* <br />m <br />� <br />C) <br />Cn <br />M <br />Cz) <br />ro <br />V <br />O <br />O A Loan) <br />This Second Deed of Trust (this 'Second Deed of Trust-1, is made as of 1 1 —1 6 -01 <br />Kimberly and Juan Rios, Wife and Husband by and among <br />Commercial (Federal sBankn9 address is 1414 North Locust St. Grand Island ;NE68801 <br />( Trustee 1 , w h o s e mailing address is PO BOX 1 1 0 3 <br />Omaha NE 681 01 -1 1 Qbraska; 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 TRUST, VATH 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 by reference (tile 'Property'); and <br />TOGEMER VVITli, 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 sweet or <br />highway 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 'Improvements'), and all the <br />estate, interest, right, tide 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 of <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 (16%1 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 fl Trustor holds title to the 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, restdctlons and covenants of record and <br />the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the 'First Deed of Trust% and <br />GiQ Trustor will defend the Trust Estate against the lawful claims of any person. <br />To Protect the Security of this Second Dead of Trust: <br />