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3220 W. 13th, Apt. 9 Grand Island, ISE 68803
<br />( "Trustee ") Commercial Federal Bank, a Federal Savings Bank
<br />whose mailing address is 450 Regency Parkway Omaha, ISE
<br />68114 , Nebraska; and Nebraska Investment Finance
<br />Authority (`Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508 -1402.
<br />FOR VALUABLE CONSIDERATION, Truster irrevocably transfers, conveys and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this
<br />Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference
<br />(the "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 Truster 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 Trustor now has or may
<br />hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto,
<br />all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying within the
<br />right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or
<br />used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon
<br />(the "improvements "), and all the estate, interest, right, title or any claim or demand which Truster now has or may hereafter
<br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by an proceeding or purchase in lieu
<br />thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade
<br />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 Beneficiary; and
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of sixteen
<br />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 Truster 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 />Truster covenants that (i) Truster holds title to the Trust Estate and has lawful authority to encumber the Trust Estate,
<br />(ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record
<br />and the Deed of Trust from Truster encumbering the Property date on or about the date hereof (the "First Deed of Trust"), and
<br />(iii) Truster will defend the Trust Estate against the lawful claims of any person.
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<br />200210361 NEBRASKA
<br />Waters
<br />SECOND DEED OF TRUST
<br />Loan
<br />n.wner:
<br />5PT20904
<br />(HBA Loan)
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<br />This Second Deed of Trust (this "Second Deed of Trust"), is made as of
<br />September
<br />27,
<br />2002
<br />by and among
<br />Barbara K. Waters, an Unmarried Person
<br />( "Trustor "), whose mailing
<br />address is
<br />3220 W. 13th, Apt. 9 Grand Island, ISE 68803
<br />( "Trustee ") Commercial Federal Bank, a Federal Savings Bank
<br />whose mailing address is 450 Regency Parkway Omaha, ISE
<br />68114 , Nebraska; and Nebraska Investment Finance
<br />Authority (`Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508 -1402.
<br />FOR VALUABLE CONSIDERATION, Truster irrevocably transfers, conveys and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this
<br />Second Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference
<br />(the "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 Truster 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 Trustor now has or may
<br />hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto,
<br />all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying within the
<br />right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or
<br />used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon
<br />(the "improvements "), and all the estate, interest, right, title or any claim or demand which Truster now has or may hereafter
<br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by an proceeding or purchase in lieu
<br />thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade
<br />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 Beneficiary; and
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of sixteen
<br />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 Truster 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 />Truster covenants that (i) Truster holds title to the Trust Estate and has lawful authority to encumber the Trust Estate,
<br />(ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record
<br />and the Deed of Trust from Truster encumbering the Property date on or about the date hereof (the "First Deed of Trust"), and
<br />(iii) Truster will defend the Trust Estate against the lawful claims of any person.
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