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<br /> ` NEBRASKA �
<br /> SECOND DEED OF TRUST
<br /> (HBA I,oan)
<br /> This Second Deed of Trust (this "Second Deed of Trust"), is made as of June 25 , 1999 by and among
<br /> Justin Parmenter, a single man
<br /> ("Trustor"), whose mailin address is �
<br /> Commercial Federal Bank a ���}i savings ban�,hose mailing address isP•O. Box 1 1 03
<br /> , Omah� Nebraska; and Nebraska I�vestment 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 Trusiee, IN TRUST,WITH POWER
<br /> OF SALE, for the benefit and secu�ity 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 (the "Property"); and
<br /> TOGETHER WITH,all rents, profits,royalties,income and other benefits derived from the Property(collectively, the"rents"),
<br /> atl leases or subleases covering the Property or any portion ihereof 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, tenementg, hereditaments and appurtenances thereof and thereto, all water rights, atl right,
<br /> title and interest of T�ustor, now owned or hereafter acquired, in and to any land, lying within the right-of-way of any street 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 atl 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 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 /> Fo� the Purpose of Securtng:
<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 i�terest thereon at the rate of
<br /> sixieen percent (1696► per annum.
<br /> The inde6tedness 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 (i) Trustor holds title to the Trust Estate and has lawfut authority to encumber the Trust Estate,
<br /> (ii) the Trust Estate is tree and clear of all liens and encumbrances except for easements, restrictions 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 /> (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/ndebtedness. Trustor shall pay when due the principal of,and the interest on, the Indebtedness and
<br /> all other sums as provided in the Loan (nstruments.
<br /> 1 NIFA 2/96
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