|
0
<br />s
<br />1
<br />n
<br />M
<br />M
<br />r
<br />M
<br />M
<br />n
<br />( "Trustor "), whose mailing address is
<br />408 10th St. Chapman, NE 68827
<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 bcncOts 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 Truster 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, hereditanrents and appurtenances thereof and thereto,
<br />all water rights, all right, title and interest of Foram, 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 whale 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 />'Phis 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 (d Trustor holds title to the Trust Estate and has lawful authority to encumber the "Trust Estate,
<br />(it) the'Irust 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)'Trester will defend the Trust Estate against the lawful claims of any person.
<br />Px5e 1 44
<br />oocaxurvi.vrx os,m,rs000
<br />M
<br />n r)
<br />m
<br />m
<br />T N
<br />n Vi
<br />x a
<br />ofll
<br />n
<br />~ 1
<br />^'(rep
<br />Pc
<br />�y
<br />l
<br />V
<br />o
<br />O
<br />o
<br />O-
<br />O
<br />�
<br />3
<br />r n
<br />03 n N
<br />CJ
<br />�
<br />200306400
<br />0
<br />NEBRASKA
<br />Gamey
<br />SECOND DEED OF TRUST
<br />roan NueEer: 5PT30358
<br />(HBA Loan)
<br />(\
<br />"Second
<br />"Second
<br />"),
<br />Second peed (this
<br />This Second Deed of Trust (this
<br />Deed of is made as of May 20, 2003
<br />peed of Trust
<br />by and among Sarah A. Carney,
<br />an
<br />unmarried Woman and Entephan J. Ramos,
<br />an Unmarried Man
<br />( "Trustor "), whose mailing address is
<br />408 10th St. Chapman, NE 68827
<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 bcncOts 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 Truster 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, hereditanrents and appurtenances thereof and thereto,
<br />all water rights, all right, title and interest of Foram, 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 whale 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 />'Phis 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 (d Trustor holds title to the Trust Estate and has lawful authority to encumber the "Trust Estate,
<br />(it) the'Irust 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)'Trester will defend the Trust Estate against the lawful claims of any person.
<br />Px5e 1 44
<br />oocaxurvi.vrx os,m,rs000
<br />
|