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KULHANEK, BS 61 <br />1302518 <br />fil <br />h n z <br />R a <br />_`) (' <br />m <br />n x <br />x <br />C) <br />V <br />NEBRASKA <br />SECOND DEED OF TRUST <br />(HBA Loan) <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of <br />Brenda 5 Kulhanek A Si e <br />March 28, 2002 by and among` <br />(Trustor"), whose mailing address is g 6 f I W ��$ F, G r a n d i s l a n d, N E 6 8 8 0 3 <br />Commercial F e d a r a I Bank, A Federal Savings 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. <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 Properly (collectively, the <br />"rents'), all leases or subleases covering the Properly or any portion thereof now or hereafter existing or entered into, and <br />all right, title and interest of Trustor 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 Trustor, 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 />Trustor 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 />r�r <br />O <br />N m <br />O �+ <br />o y <br />O � <br />Ul aR! <br />r <br />!✓ O <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 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) Trustor 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 Ilens 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) Trustor 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. Trustor 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 />N <br />O � <br />c n <br />p T <br />Z m <br />l <br />Z <br />cv <br />y <br />r n <br />N <br />CJ <br />Ul <br />vv <br />O <br />N <br />200203511 <br />March 28, 2002 by and among` <br />(Trustor"), whose mailing address is g 6 f I W ��$ F, G r a n d i s l a n d, N E 6 8 8 0 3 <br />Commercial F e d a r a I Bank, A Federal Savings 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. <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 Properly (collectively, the <br />"rents'), all leases or subleases covering the Properly or any portion thereof now or hereafter existing or entered into, and <br />all right, title and interest of Trustor 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 Trustor, 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 />Trustor 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 />r�r <br />O <br />N m <br />O �+ <br />o y <br />O � <br />Ul aR! <br />r <br />!✓ O <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 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) Trustor 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 Ilens 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) Trustor 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. Trustor 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 />