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NEBRASKA 200204099 <br />SECOND DEED OF TRUST <br />(HBA LOAD <br />This Second Deed of Trust (this "Second Deed of Trust"), is made as of 4/12, 2002 by and among KEVIN R AND <br />JENNIFER L GALVAN ( "Trustor"), whose mailing address is 1416 NORTH HUSTON, GRAND ISLAND, NE <br />68801; Commercial Federal Bank, A Federal Savings Bank ( "Trustee "), whose mailing address is PO Box 1103 <br />Omaha, NE 68101 -1105; and Nebraska Investment Finance Authority (`Beneficiary"), whose mailing address is <br />200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and <br />incorporated herein by reference (the "Property'); and <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property <br />(collectively, the "rents "), all leases or subleases covering the Property or any portion thereof now or hereafter <br />existing or entered into, and all right, title and interest of Truster thereunder, all right, title and interest or Trustor in <br />and to any greater estate in the Properly owned or hereafter acquired, all interests, estate or other claims, both in law <br />and in equity, which Trustor now has or may hereafter acquire in the Property, all easements, rights -of -way, <br />tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right, title and interest of <br />Trustor, now owned or hereafter acquired, in and to any land, lying within the right -of -way of any street or highway <br />adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with the <br />Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the <br />"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 <br />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 or 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 <br />"Trust Estate ". <br />For the Purpose of Securing: <br />A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary; <br />and <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at <br />the rate of 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 <br />collectively as the "Loan Instruments <br />Trustor covenants that (I) Trustor holds title to the Trust Estate and has lawful authority to encumber the <br />Trust Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions <br />and covenants of record and the Deed of Trust from Trustor encumbering the Property dated on or about the date <br />hereof (the "First Deed of Trust "), and (iii) Trustor will defend the Trust Estate against the lawful claims of any <br />person. <br />To Protect the Security of this Second Deed of Trust: <br />Payment oflndebtedness. Trustor shall pay when due the principal of, and the interest on, the <br />Indebtedness and all other sums as provided in the Loan Instruments. <br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now <br />or hereafter levied against the Trust Estate or any pan thereof before delinquency, without notice <br />or demand. <br />Qls!ln <br />