|
on ni �
<br />on y
<br />M
<br />r) N
<br />r) S c:
<br />n rn o
<br />ro
<br />M Co
<br />N
<br />�
<br />N
<br />_
<br />r
<br />cn t�
<br />ca
<br />NEBRASKA
<br />200211364 SECOND DEED OF TRUST
<br />Loan)
<br />(1111A
<br />,3
<br />This Second Deed of Trust (this "Second Decd of Trust "), is made as of October 18th
<br />2002 by and
<br />among Emigdio Cuevas and Kelly L Cuevas, as husband and wife
<br />( "Trustor "),
<br />whose mailing address is 122 W 12th Grand Island. E 68801
<br />Commercial Federal Bank, a Federal Savings Bank
<br />( "Trustee "),
<br />whose mailing address is 450 Regency Parkway, 2W Omaha, NE 68114
<br />Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce
<br />Court, 1230 O
<br />Street, Lincoln, Nebraska 68508 -1402.
<br />FOR VALUABLE C'.ONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee,
<br />IN TRUST, WITH
<br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions
<br />of this Second Deed
<br />of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference
<br />(the "Property ");
<br />and
<br />TOGETHER WITH, all rents, pnlfils, royalties, income and other benefits derived from the Property [collectively, the
<br />"rents" J, ail leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right,
<br />title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or
<br />hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in
<br />the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all
<br />right, title and interest of Trustor, now owned hereafter acquired, in and to any land, lying within the right-of -way of any street or
<br />highway 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 (the "Improvements "), and all the
<br />estate, interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all
<br />awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the
<br />Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance
<br />damages.
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate ".
<br />For the Purpose of Securing:
<br />A. Payment of indebtedness evidenced by any promissory note of Trustor 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 percent
<br />(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 evidence
<br />or further secure the payment and performances of any obligation secured hereby are referred to collectively as the "Loan
<br />Instruments ".
<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (it) the
<br />Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed
<br />of Trust Crum Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust "), and (iii) Trustor will
<br />defend the Trust Estate against the lawful claims of any person.
<br />NnA 3/96
<br />b I8.CV(IONp 611920 Fg,I.f5
<br />GOTO(0)03365d)
<br />
|