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200207827 <br />NEBRASKA <br />SECOND DEED OF TRUST <br />(FIBA LOAN) <br />This Second Deed of Trust (this 'Second Deed of Trust "), is made as of JULY 26, 2002 by and among NELISHA <br />WILLIAMS ("Truster'), whose mailing address is 406 E 14TH, GRAND ISLAND, NE 68001: Conmrercial Federal <br />Bank, A Federal Savings Bank (`TrUSIcC ), whose mailing address is PO Box 1103 Omaha, NE 68101 -1105; and <br />Nebraska Investment Finance Authority ('Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O <br />Street, Lincoln, Nebraska 68508 -1402. <br />FOR VALUABLE CONSIDERATION, Truster 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 (die "Property' )'i and <br />TOGETHER WITH, all rents, profits, royalties, intone and other benefits derived from Ilhc 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, tide and interest of Tnhslor thereunder, all right, title and interest of Toaster in <br />and to any greater estate in die Property owned or hercafter acquired, all interests, estate or other claims, both in Inv <br />and in equity, which Trisha now has or may hereafter acquire in the Property, all easements, rights -of -way. <br />tenements, hereditartcus and appurtenances thereofWar thereto, all water rights, all right, title and interest of <br />Trustor, now owned or hereafter acquired, in and 10 any land, lying within the right -of -way ref 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 (tie <br />`Improvements "), and all the estate, interest, right, title or anv claim or demand which Tmslor now has or ma <br />hereafter acquire in the Property, and any and all awards shade for the taking by eminent donwin, or by any <br />proceeding or purchase in lieu thereof, of the whole or any part of the Tmst Estate, including without limitation any <br />awards resulting from a change or grade of slicers 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 />rest Estate'_ <br />For the Purpose of Securing: <br />A_ Payment of indebicdoeSS evidenced by any promissory male 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 Tntst, any promissory note of'inator in favor of Beneficiary and am other instnmucnt given <br />re evidence or further secure Ihcpayment and performance of anv obligation secured hereby are referred In <br />celleetfvely as the 'Loan Insnanients ". <br />Tiustor covenants that (1) Truster holds title to the Trust Estate and has lawful authority to encumber the <br />Trust Estate, (i) the 'I'rest Estate is Rce and clear of all liens and cllelmbrances except for easements, reshictima <br />and covenants of record and the Deed of Trust from Trostra enemmbc log the Pmpeov dated on or about the dale <br />hercof (the "First Deed of Trust r and (iii) Truster will defend the Trust Estate against the lawful Claims of any <br />person. <br />To Pr.. lect tlhe Security of this Second Deed of Trust: <br />I _ Payment ofindehiednexs. Truster slat pay when due the pri ncipal of, and the interest on, the <br />Indebtedness and all aliet sums as provided in the Loan Instruments. <br />Tdxes. Truster shall pay each installment of all taxes and special assessments of every kind -note <br />or hereafter levied against the Trust Estate or any pan thereof before delinquency, without notice <br />or demand. <br />