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C` w n •=i <br />H O Z <br />m O <br />NEBKA <br />2 0 0 2 0 5 7 6 6 SECOND DEED O TRUST <br />(HBA Loan) r <br />This Second Deed of Trust (this "Second Deed of Trust', is made as of May 29, 2002 , by and among <br />MATTHEW 3 BONNER and LACEY A BONNER, HUSBAND AND WIFE ("Trustor(s)ff), whose mailing address is 2515 DEL MONA <br />AVE GRAND ISLAND, NE 68803 -6329 ; COMMERCIAL FEDERAL BANK, A FEDERAL SAVINGS BANK (Trustee"), whose mailing - -.^ <br />address Is 450 REGENCY PARKWAY, OMAHA NE 68114; <br />and Nebraska Investment Finance Authority ("Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, <br />Lincoln, Nebraska 68508 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor 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 all <br />right, title and interest of Truster thereunder, all right, title and interest of Trustor in and to any greater estate in the Property <br />owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Truster now has or may <br />hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and <br />thereto, all water rights, all rights, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying <br />within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land <br />adjacent to or used In connection with the Property, and any and all building, fixtures and improvements now or hereafter <br />erected thereon (the "Improvements"), and all the estate, interest, right, title or any claim or demand which Truster now has <br />or may 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 awards <br />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 Benefclary; 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 the <br />"Loan Instruments ". <br />Trustor covenants that (i) Truster holds title to the Trust Estate and has lawful authority to encumber the Trust <br />Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of <br />record and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of <br />Trust -), and (ill) Truster will defend the Trust Estate against the lawful claims of any person. <br />