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NEBRASKA 200206367
<br />SECOND DEED OF TRUST
<br />(HHA LOAN)
<br />This Second Deed of Trust (I his °Sccond Deed of Trust'), is made as of JUNE 13, 2002 by and among DOUGLAS J
<br />RUIZ ('Truster'), whose mailing address is 816 WEST I7TII S'f GRAND ISLAND: Commercial Fcdcral Bark A
<br />Federal Savings Bank ( "Trustee "), whose mailing address is PO Box 1103 Omaha, NE 68101 -1105, and Nebraska
<br />Investment Finance Authority (" Beneficiarn"). whose mailing address is 200 Commerce Court, 1210 O Street,
<br />Lincoln. Nebraska 68508 -1402_
<br />FOR VALUABLE CONSIDERATION, Toaster irrevocably transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALT, for the benefit and security of Beneficiary, under and subject to the terms and
<br />conditions of this Second Dccd of Trust, the real propertNr . legally described on Exhibit A allached hereto and
<br />incorporated herein by reference life "Property'). and
<br />TOGETHER WITH, all reins, profits. nwallies, income and other benefits derived front the Propenv
<br />(collectively, die' real's ), all bases or subleases covering the Property or am' portion lhcmof now or hereafter
<br />existing or entered into, and all right, nil le and interest of Trustor thereunder, all right title and interest of 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 hcralflcr acquire in die Propenv, all casements, rights- of -oay,
<br />tenements, hereditiments and appurlenanus Ihcrcofand thereto, all water rights, all right, title and interest of
<br />Trustor. now owned or hereafter acquired . in and In anv land, lying within the right -of -way of any street or highwav
<br />adjoining the Property, and an7 and all alleys and strips and gores of land adjacent to or used in conncclion with die
<br />Property, and any and all buildings, fixtures and improverncnts 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 rnav
<br />hereafter tcquire in die Propem', and ariv acid all awards made for the taking by eminent domain, or by run
<br />proceeding or purchase in lieu thereof, of the whole or anv part of the Trust Estate, including without limilalion anv
<br />awards resulting front it change or grade of streets and awards for severance damages.
<br />The Property and the entire estate mid interest cornered to the Trustee are referred to collectively as die
<br />"Trust Estate
<br />For die Purpose of Securing
<br />A. Payout of indebtedness evidenced by an7 promisson note of Trustor in favor of Beneficiary:
<br />and
<br />B. Paymmnn of all sums advanced by Beneficiary to protect the TroM Estate, with interest thereon at
<br />the rate mfsixteen percent (16 %/ per annum.
<br />The indcbtulnws described in paragraphs A and B above is referred to as' the "Indebtedness,
<br />This Second Deed of Trust, am promisson' note of Toaster in tavor of Beneficiary and amp other instrument given
<br />to evidence or further secure the pay Hirai and pcdormance of any obligation secured hereby arc referred to
<br />collectiveh as the "Loan lasts incins'_
<br />Trustor cmvenants that (1) Trustor holds title to die I fast Estate rmd has lawful aulbonly to encumber the
<br />I rust Esate, (it) the Tmst Estate is fret and clear of all liens and encumbrances except for etnemcnts, restrictions
<br />and covenants of record and the Dccd of Tnlst from Trustor encumbering the Propenv data) on or about the date
<br />hereof (the "First Deed of ruuf'), and (iii) Trustor mill defend the Trust Estate against the lawful claims of anv
<br />person.
<br />To Protect the Securitv of This Sccond Deed of Trust'
<br />Payment ofindehrednecs. Trustor shall pav when due the principal of and the interest on, die
<br />Indebtedness and all other sums as provided in the Loan Inslrumcnls.
<br />Tares. Tmstor shalt pav each inst:dlmenl of all taxes and special assessments of every kind, now
<br />ur hereafter levied against the fro, Estate or am part thereof before delinquency- without notice
<br />or demand.
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