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200205556
<br />NEBRASKA
<br />SECOND DEED OF TRUST
<br />(HBA Loan)
<br />'Phis Second Deed of Trust (this *Second Deed of Trust'), is made as of May 23, 2002 by and
<br />among HOMERO P ALVIDRLL JR AND TIFFANY D FAIRBANKS ( "Tmstor "), whose mailing address
<br />is 804 EAS "I 121H S'IRELP GRAND ISLAND, NE, 68801 ; COMMERCIAL FEDERAL
<br />BANK, A SAVINGS BANK, ( °'fmstee "), whose mailing address is 450 Regency Parkway, Omaha,
<br />Nebraska; and Nebraska Investment Finance Authority (Beneficiary"), whose mailing address is 200
<br />Commerce Court. 1230 O Street, Lincoln, Nebraska, 68508 -1402.
<br />FOR VALUABLL CONSIDERATION, Tmstor irrevocably transfers, conveys and assigns to
<br />Trustee, IN'IRUS'1, W III I POW FR OF SALE, Gu the benefit and security of Beneficiary, under and
<br />subject to the terms and conditions of this Second Deal of Trust, the real property, legally described on
<br />Exhibit A attached hereto and incorporated herein by reference (the "Property "); and
<br />I OGETHFR WITH, all rents, profits, royalties, income and other benefits derived from the
<br />Property (collectively, the "rents"), all leases or subleases covering the Property or any portion thereof now
<br />or hereafter existing or enteral into, and all right, title and interest of easier thereunder, all right, title and
<br />interest of Tmstor in and to any greater estate in the Property owned or hereafter acquired, all interests,
<br />estate or other claims, both in law and in equity, which 'I'reside now has or may hereafter acquire in the
<br />Property, all casements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, all
<br />water rights, all right, title and interest of Tmstor, now owned or hereafter acquired, in and to any land,
<br />lying within the right -of -way of any street or highway adjoining the Property, and any and all alloys and
<br />strips mid got" of land adjacent to or used in connection with the Property, and any and all buildings,
<br />fixtures and improvements now or hereafter erected thereon (the "'Improvements "), mod all the estate,
<br />interest, right, title or any claim or demand which I nester now has or may hereafter acquire in the Property,
<br />and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu
<br />(hereof, of the whole or any part of the Trust Estate, including without hinilation any awards resulting from
<br />a change of grade of streets and awards for severance damages.
<br />'I he Property and the entire estate and interest conveyed to the Trustee we referred to collectively
<br />as the "'I rust Estate ".
<br />For the Propose of Securing:
<br />A. Payment of indebtedness evidenced by any promissory note Of'tmstor in favor of
<br />Beneficiary; and
<br />B. Payment of all sums advanced by Beneficiary to protect the'I'tum teetae, with interest thereon
<br />at the rate of sixteen percent (I6 %) per secant.
<br />The indebtedness described in paragraphs A and B above is referred to as the' Indebtedness."
<br />'Chia Second Deed of Trust, any promissory note of I rustor in favor of Beneficiary and any other
<br />instrument given to evidence or firther setae the payment and performance of any Ohl igatien secured
<br />hereby are referred to collectively as the "Loan Instruments'.
<br />Tmstor covenants that (i) Tmstor holds title to the trust I m e and has lawful authority to
<br />cneuntber the Dust Estate, (it) the'frust Estate is free and clear of all liens and encumbrances except for
<br />casements. restrictions and covenants of record and the Deed of Trost from Tmstor encumbering the
<br />Property dated on of about the date hereof(the "First Deed of Trust "), and (iii) the I mstor will defmtd the
<br />Trust Estate against the luwfil claims of any person_
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