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A <br />m <br />C <br />M V, <br />n x <br />/pf. <br />1 <br />f1 T o c? N rr <br />r O ED <br />so <br />T� CO T T <br />z rsa <br />v� <br />r <br />O v W i9 <br />j S N r <br />N � <br />NEBRASKA Leaznick <br />SECOND DEED OF IRUST Loan Number: 5PT21219 <br />(HBA Logo) <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of January 24, 2003 <br />by and among Kelli R. Czarnick, an Unmarried Person <br />a1 D(' <br />(Trustor"), whose mailing address is <br />1909 W. College Grand Island, NE 68803 <br />( "Trustee ") Commercial Federal Bank, a Federal Savings Rank <br />whose mailing address is 450 Regency Parkway Omaha, tiE <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 CONSIDERA PION, I Tustin irrevocably transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OP SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this <br />Second Deed of'I'rust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference <br />(the "Property'); and <br />TOGETHER WITH, all rents, pnrfits, 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 Truslor 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 mid in equity, which Trustor now has or may <br />hereafter acquire in die 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 Truster 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, ofthe whole or any part ofthe Trust Estate, including without limitation any awards resulting from a change ofgrade <br />of streets and awards far 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 Truster 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 />"Itom 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 fine mid 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 />DOtoauN1 Pnecl 014 <br />oaweox, vmx - 11112100 <br />