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NEBRASKA
<br />SECOND DEED OF TRUST
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<br />NEBRASKA
<br />SECOND DEED OF TRUST
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<br />(HBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of June 11, 2004
<br />Jasen A Dimmitt and Amanda J Dimmitt, Husband and Wife
<br />C_ 3o. 5d
<br />by and among
<br />( "Trustor"), whose mailing address is 107 E Pine ,Aida, NE 68810
<br />Commercial Federal Bank, A Federal Savings Bank ; ( "Trustee "), whose mailing address is
<br />Omaha , Nebraska; and Nebraska Investment Finance Authority
<br />( "Beneficiary"), 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
<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 be reference (the
<br />"Property "); and
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived form 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 the
<br />"Loan Instruments."
<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has 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 Trust'),
<br />and (iii) Trustor will defend the Trust Estate against the lawful claims of any person.
<br />To protect the Security of the Second Deed of Trust:
<br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness
<br />and all other sums as provided in the Loan Instruments.
<br />NIFA 2/96
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<br />(HBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of June 11, 2004
<br />Jasen A Dimmitt and Amanda J Dimmitt, Husband and Wife
<br />C_ 3o. 5d
<br />by and among
<br />( "Trustor"), whose mailing address is 107 E Pine ,Aida, NE 68810
<br />Commercial Federal Bank, A Federal Savings Bank ; ( "Trustee "), whose mailing address is
<br />Omaha , Nebraska; and Nebraska Investment Finance Authority
<br />( "Beneficiary"), 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
<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 be reference (the
<br />"Property "); and
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived form 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 the
<br />"Loan Instruments."
<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has 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 Trust'),
<br />and (iii) Trustor will defend the Trust Estate against the lawful claims of any person.
<br />To protect the Security of the Second Deed of Trust:
<br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness
<br />and all other sums as provided in the Loan Instruments.
<br />NIFA 2/96
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