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<br /> NEBRASKA �%�
<br /> SECOND DEED OF TRUST
<br /> (HBA Loan) �f n
<br /> �
<br /> This Second Deed of Trust (this "Second Deed of TrusY'), is made as of July 15th 1999 , by and among ���
<br /> JON M CATLETT, JR. , AN UNMARRIED INDIVIDUAL ("Trustor"),
<br /> whose mailing address is 911 W 14TH GRAND ISLAND NEBRASKA 68801
<br /> COMMERCIAL FEDERAL BANK, A FEDERAL SAVINGS BANK ("Trustee"), whose mailing
<br /> address is 9850 "M" ST OMAHA NE 68127-2056 Nebraska;
<br /> and Nebraska Investment Finance Authority ("Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O 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 Benef'�ciary, under and subject to the terms and conditions of this Second Deed of Trust, the real property, legally
<br /> described on Exhibk 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, ali 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 awa�ds 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 TrusY'), and (iii) Trustor will defend the Trust Estate
<br /> against the lawful claims of any person.
<br /> NIFA 3/96
<br /> F13340.LMG (8/BB) Page 7 of 5
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