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M <br />'l n 7_ <br />T' Trout 2 �) <br />A <br />Nebraska <br />200200495 Second Deed of Trust <br />(ILIA Loan) <br />n�Y <br />S ? <br />9 <br />fit <br />>1 <br />n'v` <br />D <br />LAS <br />3 <br />o <br />r <br />c> <br />V <br />N <br />GJ <br />N <br />N <br />u. <br />N <br />This Second Deed of Tina (this "Second Decd c Trust°), is made as of JANUARY 11, 2002 by and among JEFFREY Z BURKE, A <br />SINGLE PERSON, ( "frailer"). whose mailing address is 223 WEST 6rlt S "i'REET, GRAM) ISLAND, NHBRASISA, 69801 and •. ) <br />Commercial Federal Bank ( "Trustee ") moiling address is 2120 S 72nd St Omaha, HE 68124. S. <br />Nebraska, and Nebraska Inecsnnent Finnnco Authority ( "Beneliciory'), whose mailing address is 200 Cormncme Corn t, 1230 O r <br />Street, Lincoln, Nebraska 6850& 1402. <br />For Valuable Consideral ion, Traitor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, VIM I POWER OF SALE, <br />for the benefit and security of Beneficiary, under and subject to The terns and conditions of the Second Deed of Lust, the real property, <br />legally descohed on Exhibit A altacbed berate and incorporated heroin by reforence (the "Properly'); and <br />TOGETHER WITH, all rents, profits, royalties, income and other bcncfils derived from the Property (collectively, the `tents "), <br />all leases or subleases covering dre Property or any portion thereofnow or hereafter existing or entered into, and all right, title and interest <br />of Tfustor thereunder, all right, title and interest of Trust, in and to any greater estate in the Property owned or hereafter acquired, all <br />interests, es'Iato In that claims , both in law and in equity, which Toaster now bus or may ltetea0er acquire in the Property, and any and all <br />Turbines, fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, interest, right, title or any <br />claim or demand which Trader now has or may hereafer require, in the Property, and any and all awards made for the taking by eminent <br />domain, or by any proceeding or purchase in lieu there of, of the whole or any part ofthe Trust Estate, including without limitation any <br />awards resulting from a change of grade of streets and awards for severance dmnages <br />lTe Property and the entire estate and interest conveyed to The Trustee are referred to collectively as the "Trost Estate ". <br />For lire Purpose of Securing: <br />A. payment of indebtedness evidenced by any promissory note of Traitor in favor of Beneficiary, and <br />B. Payment of all some advanced by Beneficiary to noteeT tile "First Estate, wi lh interest thereon at Ihe rate of sixteen perrerl <br />( 16%) per annum. <br />The indebtedness described in paragraphs A and B above is referred to es the °Indebtedness" <br />The Second Deed of Trost, any pfomissnry note .1 Tmstor in favor oCBeneficiary and any other insnunrerrt given to evidence or <br />further secure the payment and performance ofany obligation secured hereby are referred to collcclivcly as the "Loon husmmnents ". <br />Tmstor covenants that (1)'1'room holds title to the Tr eA Estate and has lawful authority to encumber tile 'I'Tait Estate, (ii) the <br />'frost Estate is free sad clam efall liens and encumbrances except for easements, restrictions and Covenants ofrecord and the Deed of <br />Trust from Tmstor encumbering the Property Jilted rot of about the data hereof (Ihe "First Deed of rust'), and (iii) Truster will defend the <br />'I'nlst Estate against the lawful claims of any person. <br />To Protect the Security of this Seaand Decd of Trust: <br />3. Payrnenr, f indebredimr, Tmstor shall pay when duo life principal of, and the myo,at on, the indchledness and all other sums <br />as provided in Ihe Loan h aavmenls. <br />2. Tuiv, Trnstar shill pay inch installment of all (rues and apecinl assoss.rents orevery kind, now or hereafter against the 'I mot <br />Islnte or any pmt thereof, before del ial, uerry, without notice of denumd. <br />3. brsnr..r earsIRepa fit .' Fms torshnll III IIateinfio and axfended coverage iasat once instal ing the lmpm vamnntscondlilut"to <br />part oC ihe'Inisl Istale er such amormis and on such corns reasonably, sulielactory to Iicnofieiory. So long as the Property is secured by a <br />first dcvd of bust or mortgage, compliance wish lire imuruoce raptircucnts of the First deed of Trust or mnrtgaee shall he sufficient to <br />satisfy the requirements of tills paatgraph 3 relating to insurance_ <br />