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<br /> 99 112114
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<br /> NEBRASKA
<br /> SECOND OEED OF TRUST
<br /> (HBA Loan)
<br /> This Second Deed of Trust (this 'Second Deed of Trust"), is made as of 1 2-22 , 199� by and amonfl
<br /> Jason J. VanWinkle, single man Mindy K. Peers, single woman
<br /> ("Trustor"), whose mailing address is 1 1 09 East 6th Str�et Grand Island% NE
<br /> Commercial Federak Bank ('Trustee") , whose mailinfl �address i
<br /> Omaha NE �6 81 01 —1 1 0 3� Nebraska; and Nebraska Investme�t�p anBceXAuthorl�ty
<br /> ("Beneficiary"), whose mailing address is 206 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 benefit and security of Beneficiary, unde� and subject to the terms and conditions of this Second Deed of Trust,
<br /> the real property, leqally 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 hereafte� existing or entered into, and all right, title and
<br /> interest o( Trustor thereunder, all rigt�t, title a�d inierest 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 appurtenances thereof and thereto, all water rights, all right,
<br /> title and intarest 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 adjacent to or used in connection with the
<br /> Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the 'Improvements"), and all the
<br /> estate, interest, riqht, 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, lncluding without limitation any awards resulting from a change of grade of streets and awards for severance
<br /> damafles.
<br /> Ti�e Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate".
<br /> For the Purpose of Secur(ng:
<br /> A. Payment of indebtedness evidenced by any p�omissory note of Trustor in favor of Beneiiciary; 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 parapraphs A and B abova is referred to as the 'Indebtedness."
<br /> This Second Deed of Trust, any promissory note of Trustor in favor o( eeneficiary and any other instrument given to
<br /> evidence or turther secure the payment and periormance of any obligation secured hereby are refer�ed to collectively 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 /> i��l 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 Oeed of Trust"), and
<br /> (iii) Trustor will detend the Trust Estate a{�ainst the lawful claims of any person.
<br /> To Protect tf�e Sacurity of thts 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 pravided in the Laan Instruments.
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