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200211479 <br />ai <br />to <br />2 <br />NEBRASKA <br />\> <br />SECOND DEED OF TRUST <br />C <br />(HBA Loan) <br />G <br />D <br />n <br />n <br />c <br />ra <br />n <br />rn <br />n <br />m <br />O <br />d <br />N <br />G <br />n <br />O <br />N <br />r^ <br />N <br />N <br />V <br />= <br />3 <br />t1J <br />Co <br />Z <br />Co <br />0 <br />200211479 <br />NEBRASKA <br />\> <br />SECOND DEED OF TRUST <br />C <br />(HBA Loan) <br />G <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of October 22, 2002 by and <br />among JUAN F PEREZ SUCHITE AND RAQUEL SANTIAGO ( "'Prustor "), whose mailing address is <br />420 W CHARLES ST GRAND ISLAND, NE, 68801 ;COMMERCIAL FEDERAL BANK, A <br />FEDERAL SAVINGS BANK, ( "Trustee"), whose mailing address is 450 Regency Parkway, Omaha, <br />Nebraska; and Nebraska Investment Finance Authority (`Beneficiary"), whose mailing address is 200 <br />Commerce Court, 1230 O Street, Lincoln, Nebraska, 68508-1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and <br />subject to the terms and conditions of this Second Deed of Trust, the real property, legally described on <br />Exhibit A attached hereto and incorporated herein by reference (the `Property "); and <br />TOGETHER WITH, all rants, profits, royalties, income and other benefits derived from the <br />Property (collectively, the `rents "), all leases or subleases covering the Property or any portion thereof now <br />or hereafter existing or entered into, and all right, title and interest of Truster thereunder, all right, title and <br />interest of Truster in and to any greater estate in the Property owned or hereafter acquired, all interests, <br />estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in the <br />Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, all <br />water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, <br />lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and <br />strips and gores of land adjacent to or used in connection with the Property, and any and all buildings, <br />fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the estate, <br />interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, <br />and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu <br />thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from <br />a change of grade of streets and awards for severance damages. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively <br />as the "Trust Estate ". <br />For the Purpose of Securing: <br />A. Payment of indebtedness evidenced by any promissory now of Trustor in favor of <br />Beneficiary; and <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon <br />at 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 />'khis Second Deed of Trust, any promissory note of Trustor in favor of Beneficiary and any other <br />instrument given to evidence or further secure the payment and performance of any obligation secured <br />hereby are referred to collectively as the "Loan Instruments ". <br />Truster covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to <br />encumber the Trust Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for <br />easements, restrictions and covenants of record and the Deed of Trust from Trustor encumbering the <br />Property dated on or about the date hereof (the "First Deed of Trust"), and (iii) the Trustor will defend the <br />Trust Estate against the lawful claims of any person. <br />