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200207044
<br />NEBRASKA
<br />SECOND DEED OF 'I BUS l'
<br />(HI TA Loan)
<br />This Second Deed of I rust (this "Second Decd of "T rust' ), is made as of June 28, 2002 by and
<br />among CFIFS'I F M LOSEKL A SINGLE PFRSON (' I rusmr`I whose matbog addeso is 1611 N
<br />CLEBURN STGRAND ISLAND. NE, 68801 : (OMMBRCIAL FEDFRAI. HANK, A FEDERAL
<br />SAVINGS BANK, (`"Iwlee"I, whose mailing address is 450 Regency Parkway, Omaha, Nebraska, and
<br />Nebraska Investment Finance AaWe[Ily ('Drncficiaret y whose mailing address Is 200 Commerce Conn,
<br />1230 O Strecn Lincoln, Nebmskz, 68508 -1402_
<br />FOR VALUABLL (ONSIDFRA I ION, Trusmr vrevovnbly lrnnstcrs, cum cys and assigns to
<br />Truxlce, IN TRUST, q'I III POWER OF SAIL for the benefd and wearily of Beneficiary, under and
<br />suhlcci m the terns and conditions of this Second Deed of TnrsL the real property, legally described on
<br />Exhibit A nnnclued hereto and incorporated herein by reference (the "PmPerty" ); and
<br />'I(TeRE HBR WITH, all rents, profits, royalties. incnmc and other benefits derived from the
<br />Property, (vollettively, the "rents"), all leases or subleases covering the Property or any portion thereof now
<br />or hereafter existing or entered into, and ell right 111le end inerco ofTrustor thereunder, all right,, title and
<br />interest ofllnswr In and to any greater estate in file Property owned or hereafter acquired, all interests,
<br />cynic or other claims, both in law and in equity, which Trustornow has or may hereafter acquire in the
<br />Pmpers all eawnwatie rights-of- way, (enements, laneditmeents and appurtenances thereofandtherne, all
<br />enter rights, all right, title and interest of Trusroq now owned or hereafter acquired, in and to any land,
<br />lying within the fightof-wav of any on ua or highway cheating the Pmpeny, and ;m,y end all alleys and
<br />strips and gores of land adjacent to or used in connection with the Property, and any and all buildings,
<br />fixNres and improvements now or hacafter erected thereon (thin "Improvements"), and all the estate,
<br />interest, neht, title or any claim or demand which 'I ranor now has or cony hn edfi er acquire in the Property,
<br />end any and all sward, nmde for the taking be eminent domain, or by any proceeding or purchase in lieu
<br />thereof, of the whole orally par of the Trust Estate, includire without limitation any awards resulting ficen
<br />a change of Elate of streets and awards for severance damages.
<br />Elm Property and the entire estate and iomresi conveyed to the Trustee are inferred to collectively
<br />as the "Tara Estate ".
<br />For the purpose of Securing:
<br />A. Payment of indebtedness evidenced by any promissory note of Tmstornn favor f
<br />Beneficiary, and
<br />B. Pa}mtent of all sums ad.anccd by Beneficiary to protect the Trost F,etata with interest thereon
<br />at the rite of yviver, percent (16 %) per annum.
<br />The indebtedness described in pmagmphs A unit B above is refor.cd to as the Indebtedness'
<br />[his Second Deed of'I'rust. any promissory note of Trusmr in favor of Beneficiary and any otmr
<br />instrument given to evidnme or Porther secure the pa,nncat and performance of any obligation secured
<br />hereby, are referred to colleen vcly as the ' Loan Instruments ".
<br />TN5mr IXlvenarts that (d Traylor holds title to the Trust Eaam and has lawfid authority in
<br />encumber theTruyt Fatatq (ii) the Trust Estate is ties and c leer of all liens and cncumbmncey except for
<br />easements restrieima sad covenants of rewrd and tar Deed of Trust from I faster encumbering the
<br />Property dated on orabout the date hereof (die "I'hst Deed of Torsi' ), and (iii) the Imoor will defend the
<br />lTmt Lrslate agam,l ore lawful claims of any person.
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