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<br /> NEBRASKA
<br /> SECOND DEED OF TRUST
<br /> (FiHA Loan)
<br /> This Second Deed o( Trust (this 'Second Deed of Trust"), is made as of Nov. 1 2 , 1999 by and among
<br /> Phillip A, and Paula J. Snell, husband and wife
<br /> Commercial Fe�era�l�'Banke mailing address is 2309 W, 1 1 th street, Grand Island NE
<br /> ("Trustee") , whose mailing address is PO Box 1 1 03
<br /> Omaha NE 681,01 —1 1 03 , Nebraska; and Nebraska Investme�t Finance Authority
<br /> ("eeneficiary"), 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,WITH POWER
<br /> OF SALE, for the benefii and security af Beneficiary, u�der 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�ents, 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, title and
<br /> interest oi Trustor thereunder, all right, title and i�terest 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 appurienances thereof and thereto, all water rights, all right,
<br /> title and interest of Trustor, now owned or hereafier 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 all buildings, fixtures and improvemenis now or hereafter erected thereon (the 'Improvements"), and all the
<br /> estate, interest, riflht, title or any claim or demand which Trustor now has or may hereaiter acquire in the Property, and any and
<br /> alI awards made (or 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 /> Tlie Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the 'Trust Estate".
<br /> For the Purpose of Securinc�:
<br /> A. Payment o( indebtedness evidenced by any promissory note of Trustor in (avor 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°�6) per annum.
<br /> The indebtedness described in paraqraphs A and B above is refer�ed to as the 'Indebtedness."
<br /> This Second Deed of Trusi, any promissory note of Trustor in favor of Beneficiary and any other instrument given to
<br /> evidence or turther secure the payment and pe�(o�mance ot any obligation secured hereby are referred to cotlectively as the 'Loan
<br /> Instruments".
<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 oi all liens and encumbrances except for easements, restrictions and covenants of record and
<br /> the �eed of Trust from Trustor encumbering the Ptoperty dated on or about the date hereof {the "First Deed of Trust"1, and
<br /> (iii) Trustor will detend the Trust Estate against the lawful claims of any perso�.
<br /> To Protect tlia Security of this Second Deed of Trust:
<br /> 1. Paymant of/ndebtadness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and
<br /> a�l other sums as pravided in the Loan Instruments.
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