|
�' � � s " ' 99 110403
<br /> _ �., � -: rn\�
<br /> � "'r��'�J E � _ � � �
<br /> � � o .� _ -� _
<br /> ' � �U��ENT� Q
<br /> .� v m
<br /> � � �,��� � �E R � �
<br /> �, -� T �
<br /> ���r �I C��.L E C�
<br /> �� _
<br /> � �" �, �
<br /> r�1 y
<br /> r7 ` �" n O G
<br /> � �:�
<br /> G�� � � W �
<br /> .� '� 9 9 ,�� � NEBRASKA �` -�7 � F„� Z
<br /> SECOND DEED OF TRUST � �
<br /> (HBA Loan)
<br /> This Second Deed of Trust (this "Second Deed of Trust"), is made as of OCTOBER 2319°..8, by and among �'���
<br /> Christopher Dai�id McMullen and Lori Ann McMullen, husband and wife
<br /> ( Trustor"), whose mailing address is • �
<br /> COI�Il�IERCIAL FEDERAL BANK, A SAVINGS BANK��Trustee") , whose mailing '�ddress is '�.,,
<br /> 45� REG�NC�' PARK�IAY ' OMA�IA . Nebraska; and Nebraska Investment Finance Authority
<br /> ("Bene iciary , w ose mai ing address is 200 Comme�ce ourc, 1230 O Street, Lincoln, Nebraska 68508-1402.
<br /> FOH 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 by reference (the "Property"); and
<br /> TOGETHER WITH,all rents, profits,royalties,income and other benefits derived from the Property(collectively,the"rents"1,
<br /> all 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 Trusior thereunder, all right, tiile and interest of Trustor in and to any greater estate in the Property owned or hereafter
<br /> acquired, al� interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in the
<br /> Property, alt 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 the Property, and any and all alleys and strips and gores of land adjaceni to or used in connection with the
<br /> Property, and any and all buildings, fixtures a�d improvements now or hereafter erected thereon {the "Improvements"), and all the
<br /> estate, interest, right, title or any claim o� 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 tfie Purpose of Securi�g:
<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 tc
<br /> evidence or further secure the payment and performance of any obligatio� secured herehy are referred to collectively as the "Loan
<br /> fnstruments".
<br /> Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate,
<br /> (ii) 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 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 thls Second Deed of Trust:
<br /> 1. Paymeni ot/ndebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and
<br /> all other sums as provided in the Laan Instruments.
<br /> NIFA 2/96
<br /> HBA-6
<br />
|