This Second Deed of Trust (this "Second Deed of Trust "), is made as of February 12th 2004 , by a
<br />among Travis J Holder, a single person and Rachel R Hulinsky, a single person ( "Trustor" ),
<br />whose mailing address is 135 Lunar Street Aida, NE 68810
<br />Commercial Federal Bank, a Federal Savings Bank ( "Trustee "),
<br />whose mailing address is 450 Regency Parkway, 2W Omaha, NE 68114
<br />Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O
<br />Street, Lincoln, 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, the
<br />real property, legally 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
<br />leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title 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, herediaments and appurtenances thereof and thereto, all water rights, all right, title
<br />and interest of Trustor, now owned 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 Property, and any
<br />and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, interest, right,
<br />title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all awards made for the
<br />taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including
<br />without limitation any 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 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 E 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
<br />further 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
<br />Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed
<br />of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust "), and (iii) Trustor will
<br />defend the Trust Estate against the lawful claims of any person.
<br />Page 1 of 5 NIFA 3/96
<br />{
<br />m
<br />M
<br />= D
<br />o
<br />o
<br />:3
<br />rn
<br />N
<br />�.
<br />Pi
<br />=
<br />PQ
<br />CL
<br />rY1
<br />>�
<br />;
<br />Cn
<br />c
<br />4
<br />T.
<br />::3
<br />r
<br />t�
<br />}
<br />~
<br />1
<br />C3
<br />W
<br />s
<br />CD
<br />NEBRASKA
<br />Cri
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of February 12th 2004 , by a
<br />among Travis J Holder, a single person and Rachel R Hulinsky, a single person ( "Trustor" ),
<br />whose mailing address is 135 Lunar Street Aida, NE 68810
<br />Commercial Federal Bank, a Federal Savings Bank ( "Trustee "),
<br />whose mailing address is 450 Regency Parkway, 2W Omaha, NE 68114
<br />Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O
<br />Street, Lincoln, 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, the
<br />real property, legally 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
<br />leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title 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, herediaments and appurtenances thereof and thereto, all water rights, all right, title
<br />and interest of Trustor, now owned 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 Property, and any
<br />and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, interest, right,
<br />title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all awards made for the
<br />taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including
<br />without limitation any 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 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 E 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
<br />further 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
<br />Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed
<br />of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust "), and (iii) Trustor will
<br />defend the Trust Estate against the lawful claims of any person.
<br />Page 1 of 5 NIFA 3/96
<br />{
<br />m
<br />o
<br />o
<br />:3
<br />PQ
<br />CL
<br />T.
<br />::3
<br />r
<br />}
<br />~
<br />N
<br />C3
<br />W
<br />s
<br />CD
<br />NEBRASKA
<br />Cri
<br />r
<br />CT)
<br />cn
<br />r.*.
<br />SECOND DEED OF TRUST
<br />" '
<br />z
<br />MBA LOAN)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of February 12th 2004 , by a
<br />among Travis J Holder, a single person and Rachel R Hulinsky, a single person ( "Trustor" ),
<br />whose mailing address is 135 Lunar Street Aida, NE 68810
<br />Commercial Federal Bank, a Federal Savings Bank ( "Trustee "),
<br />whose mailing address is 450 Regency Parkway, 2W Omaha, NE 68114
<br />Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O
<br />Street, Lincoln, 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, the
<br />real property, legally 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
<br />leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title 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, herediaments and appurtenances thereof and thereto, all water rights, all right, title
<br />and interest of Trustor, now owned 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 Property, and any
<br />and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, interest, right,
<br />title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all awards made for the
<br />taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including
<br />without limitation any 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 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 E 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
<br />further 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
<br />Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed
<br />of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust "), and (iii) Trustor will
<br />defend the Trust Estate against the lawful claims of any person.
<br />Page 1 of 5 NIFA 3/96
<br />
|