|
GU E RR E R0, R GI
<br />I 36l a5
<br />H
<br />I" 3
<br />H
<br />--1
<br />l77
<br />n
<br />NEBRASKA
<br />SECOND DEED OF TRUST to cn OZ
<br />(HBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is mArle as of May 21 , 2 0 0 3 by and among
<br />Rau 1 u r r c r o and J a�g a e d e AKA GI:i.{Lii4'(j I'_[J$": N'x AND WIFE
<br />("Trustor" whose mailing address is g d b u $ P a d a i s a n n , N E 6 8 6 0 3
<br />Commercial Federal Bank. A Federal 5 a v i n g s Bank (' Trustee "), whose mailing address is
<br />0 m a h a , Nebraska; and Nebraska Investment Finance Authority �\
<br />("Beneficiary'), whose mailing addres is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508 -1402. a
<br />FOR VALUABLE CONSIDERATION, Truster 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
<br />all right, title and interest of Truster 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 Truster, 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 />Truster 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 Truster 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 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
<br />the "Loan Instruments ".
<br />Trustor covenants that (i) Truster holds title to the Trust Estate and haw 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) Truster will defend the Trust Estate against the lawful claims of any person.
<br />To protect the Security of this Second Deed of Trust
<br />1. Payment of Indebtedness. Truster shall pay when due theprincipal of, and the interest on, the Indebtedness
<br />and all other sums as provided in the Loan Instruments.
<br />NIFA 2/96
<br />A
<br />T
<br />2
<br />D
<br />n
<br />7
<br />n
<br />=
<br />2
<br />)
<br />m
<br />ti
<br />C
<br />M
<br />c n
<br />cu
<br />'� m
<br />r• +,
<br />.c
<br />O
<br />t1
<br />�(
<br />CJ
<br />O
<br />Z3
<br />r
<br />2
<br />N
<br />r n
<br />m
<br />v
<br />V
<br />3
<br />n
<br />m
<br />NEBRASKA
<br />SECOND DEED OF TRUST to cn OZ
<br />(HBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is mArle as of May 21 , 2 0 0 3 by and among
<br />Rau 1 u r r c r o and J a�g a e d e AKA GI:i.{Lii4'(j I'_[J$": N'x AND WIFE
<br />("Trustor" whose mailing address is g d b u $ P a d a i s a n n , N E 6 8 6 0 3
<br />Commercial Federal Bank. A Federal 5 a v i n g s Bank (' Trustee "), whose mailing address is
<br />0 m a h a , Nebraska; and Nebraska Investment Finance Authority �\
<br />("Beneficiary'), whose mailing addres is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508 -1402. a
<br />FOR VALUABLE CONSIDERATION, Truster 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
<br />all right, title and interest of Truster 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 Truster, 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 />Truster 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 Truster 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 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
<br />the "Loan Instruments ".
<br />Trustor covenants that (i) Truster holds title to the Trust Estate and haw 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) Truster will defend the Trust Estate against the lawful claims of any person.
<br />To protect the Security of this Second Deed of Trust
<br />1. Payment of Indebtedness. Truster shall pay when due theprincipal of, and the interest on, the Indebtedness
<br />and all other sums as provided in the Loan Instruments.
<br />NIFA 2/96
<br />
|