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A <br />C <br />A <br />Z <br />117 <br />M <br />i <br />M <br />H <br />M <br />INC <br />C112 <br />M <br />W <br />210 S Main St Grand Island, NE 68801 <br />( "Trustee ") Commercial Federal Bank, a Federal Savings Bank <br />whose mailing address is 450 Regency Parkway Omaha, NE <br />68114 , Nebraska; 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, <br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this <br />Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference <br />(the "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 all <br />right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property <br />owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may <br />hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, <br />all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying within the <br />right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or <br />used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon <br />(the "improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter <br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by an proceeding or purchase in lieu <br />thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade <br />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 sixteen <br />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, <br />(ii) 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 date on or about the date hereof (the "First Deed of Trust "), and <br />(iii) Trustor will defend the "Trust Estate against the lawful claims of any person. <br />DOCUHDNI Page 1 of <br />DOCUMNI .VTX 09/19/2000 <br />n <br />'^ <br />= D <br />Z <br />M cn <br />= <br />` <br />s <br />o <br />� <br />C1 <br />s n C7 <br />-�i <br />C-- I- <br />O <br />M > <br />t!i C/) <br />- <br />t-- <br />r <br />Z —f <br />M <br />N <br />_ <br />o <br />r <br />U <br />W <br />Cn <br />Cn <br />Cn <br />o <br />CD <br />o <br />to <br />r-r <br />z <br />0 <br />NEBRASKA <br />Manchester <br />SECOND DEED OF TRUST <br />Loan Number: SPT40912 <br />(HBA Loan) <br />11J1 <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of <br />November <br />30, 2004 <br />(� <br />by and among Scott C Manchester and Any S Manchester, Husband and <br />Wife <br />�J <br />( "Trustor "), whose mailing address is <br />210 S Main St Grand Island, NE 68801 <br />( "Trustee ") Commercial Federal Bank, a Federal Savings Bank <br />whose mailing address is 450 Regency Parkway Omaha, NE <br />68114 , Nebraska; 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, <br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this <br />Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference <br />(the "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 all <br />right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property <br />owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may <br />hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, <br />all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying within the <br />right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or <br />used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon <br />(the "improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter <br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by an proceeding or purchase in lieu <br />thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade <br />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 sixteen <br />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, <br />(ii) 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 date on or about the date hereof (the "First Deed of Trust "), and <br />(iii) Trustor will defend the "Trust Estate against the lawful claims of any person. <br />DOCUHDNI Page 1 of <br />DOCUMNI .VTX 09/19/2000 <br />