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. ` <br /> JOHNSON , CD 6I <br /> 101869 � � <br /> C � <br /> _ � Q � � � r� '�� � <br /> � .`t � � �� � � <br /> � �-�� �" ]Y" � � <br /> � � rT� yL -'-i O CD <br /> r''I � C� --i n`t GZ. <br /> C.O <br /> c'i� c '-C O y <br /> � ..,,,_ N O �*7 C!a <br /> � � � <br /> .f �,� <br /> t �� -,'.ti T��� �.�. <br /> , � r`v � D a7 F—• z�� <br /> r , zi � r � <br /> i.:, ;:a �-- I> F-.+� � <br /> R, �� �;�., � � -� �. <br /> �(") G�C�� / �/ NEBRASKA c� vv,� � a <br /> �O 6 < ` �/ / �� SECOND DEED OF TRUST �" <br /> (HBA Loan) <br /> This Second Deed of Trust (this"Second Deed of Trust"), is made as of D e c e m b e r i , i s s s by and among <br /> Christopher D Johnson 220 � n � � � hoen $ z � Graddp�slandr � E� � 68 � b3A Single Per;son� <br /> ("Trustor"),whose mailing address is <br /> C o m m e r i c a 1 F e d e r a 1 B a n k , A F e d e r a 1 S a v i n g s B a n k ���Trustee���,whose mailing address is <br /> � 0 m a h a , Nebraska; and Nebraska Investment Finance Authority <br /> ("Beneficiary"), whose mailing addres 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 <br /> POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second <br /> Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the <br /> "Property"); and <br /> TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property (collectively, the <br /> "rents"), all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and <br /> all right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the <br /> Property owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has <br /> or may hereafter acquire in the Property, all easements, rights-of-way, tenements, hereditaments and appurtenances <br /> thereof and thereto, all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any <br /> land, lying within the right-of-way of any street or highway adjoining the Property, and any and all alleys and strips and <br /> gores of land adjacent to or used in connection with the Property, and any and all buildings,fixtures and improvements now <br /> or hereafter erected thereon (the "Improvements"), and all the estate, interest, right, title or any claim or demand which <br /> Trustor now has or may hereafter acquire in the Property, and any and all awards made for taking by eminent domain, or by <br /> any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any <br /> 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 <br /> 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 <br /> sixteen percent (16%) 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 <br /> evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as <br /> the"Loan Instruments". <br /> Trustor covenants that (i)Trustor holds title to the Trust Estate and haw lawful authority to encumber the Trust Estate, (ii) <br /> the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record <br /> and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of TrusY'), <br /> and (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 Indebtedness. Trustor shall pay when due theprincipal of, and the interest on, the Indebtedness <br /> and all other sums as provided in the Loan Instruments. <br /> 1 NIFA 2/96 <br /> _ , <br />