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0001606371 <br />M <br />C <br />n <br />n <br />M <br />2 C <br />cXn <br />C/) <br />2 <br />W <br />• <br />Z <br />NEBRASKA <br />SECOND DEED OF TRUST <br />(HBA Loan) (� <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of October 12, 2004 by and among\"�RJ <br />Santos Echeverria, A Single Person and Maria A Guzman, A Single Person ---. <br />( "Trustor"), whose mailing address is 230 S Kimball St , Grand Island, NE 68801' r.. <br />Commercial Federal Bank, A Federal Savings Bank ; ( "Trustee ") whose mailing address is C <br />; and Nebraska Investment Finance <br />Authority ('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 <br />M <br />Z <br />M <br />O <br />f1. <br />0 <br />0 <br />o -n <br />o <br />Vim! <br />CD <br />rn h <br />3 <br />r <br />co <br />2 <br />o � <br />r n <br />Ei <br />W <br />o <br />D <br />co <br />= <br />Z <br />cn <br />(HBA Loan) (� <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of October 12, 2004 by and among\"�RJ <br />Santos Echeverria, A Single Person and Maria A Guzman, A Single Person ---. <br />( "Trustor"), whose mailing address is 230 S Kimball St , Grand Island, NE 68801' r.. <br />Commercial Federal Bank, A Federal Savings Bank ; ( "Trustee ") whose mailing address is C <br />; and Nebraska Investment Finance <br />Authority ('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 <br />