|
This Second Deed of Trust (this "Second Deed of Trust "), is made as of March 27th 2003
<br />by and among MICHAEL D. LEMPKA AND DONNA J. LEMPKA , AS HUSBAND AND WIFE
<br />( "Trustor "), whose mailing address is
<br />923 WEST 7TH STREET GRAND ISLAND NE 68801
<br />COMMERCIAL FEDERAL BANK, A FEDERAL SAVINGS BANK ("Trustee "),
<br />whose mailing address is
<br />Nebraska; and Nebraska Investment Finance Authority ('Beneficiary"), whose mailing address is 200 Commerce Court, 1230 0
<br />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 by reference (the
<br />"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
<br />thereto, all water rights, all right, title and interest of Trustor, now owned hereafter acquired, in and to any land, lying within
<br />the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land adjacent
<br />to or used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected
<br />thereon (the 'Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may
<br />hereafter acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or
<br />purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a
<br />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
<br />to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the
<br />"Loan Instruments."
<br />F13340.LMG (11/00) 5 Page 1 of 5 NIFA 7/99
<br />M n
<br />M N
<br />0
<br />n =
<br />zC7
<br />ap, u�
<br />�',1
<br />c n
<br />O �
<br />m
<br />—i nt
<br />c�
<br />0
<br />frl
<br />�'�
<br />co
<br />O
<br />O Gt
<br />�r
<br />o
<br />Z
<br />= M
<br />w
<br />m
<br />M
<br />-T)
<br />CD
<br />O
<br />M
<br />N
<br />r
<br />IM
<br />NEBRASKA
<br />a'
<br />�
<br />s CD
<br />t�
<br />SECOND DEED OF TRUST
<br />z
<br />M
<br />(HBA Loan)
<br />0
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of March 27th 2003
<br />by and among MICHAEL D. LEMPKA AND DONNA J. LEMPKA , AS HUSBAND AND WIFE
<br />( "Trustor "), whose mailing address is
<br />923 WEST 7TH STREET GRAND ISLAND NE 68801
<br />COMMERCIAL FEDERAL BANK, A FEDERAL SAVINGS BANK ("Trustee "),
<br />whose mailing address is
<br />Nebraska; and Nebraska Investment Finance Authority ('Beneficiary"), whose mailing address is 200 Commerce Court, 1230 0
<br />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 by reference (the
<br />"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
<br />thereto, all water rights, all right, title and interest of Trustor, now owned hereafter acquired, in and to any land, lying within
<br />the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land adjacent
<br />to or used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected
<br />thereon (the 'Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may
<br />hereafter acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or
<br />purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a
<br />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
<br />to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the
<br />"Loan Instruments."
<br />F13340.LMG (11/00) 5 Page 1 of 5 NIFA 7/99
<br />
|