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is <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of October 25th 2002 , by and <br />among Ryan Klootwyk and Beth Klootwyk, as husband and wife ( "Trustor ")\ <br />whose mailing address is 1021 S Vine Grand Island. NE 68801 <br />Commercial Federal Bank, a Federal Savings Bank ( "Trustee"), C--' <br />whose mailing address is 450 Regency Parkway, 2W Omaha, NE 68114 pS\ <br />Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O <br />Street, Lincoln, Nebraska 68508 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed <br />of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property "); <br />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 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 />(1670) 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 from 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 />NIFA 3M6 <br />3719 CV 611969 <br />P"6e 1 of 5 <br />x <br />! <br />t i Q( <br />" 1 <br />r) <br />o <br />c <br />T <br />N <br />N <br />CJ <br />c� <br />NEBRASKA <br />SECOND DEED OF TRUST <br />N <br />(IBA Loan) <br />0 <br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of October 25th 2002 , by and <br />among Ryan Klootwyk and Beth Klootwyk, as husband and wife ( "Trustor ")\ <br />whose mailing address is 1021 S Vine Grand Island. NE 68801 <br />Commercial Federal Bank, a Federal Savings Bank ( "Trustee"), C--' <br />whose mailing address is 450 Regency Parkway, 2W Omaha, NE 68114 pS\ <br />Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O <br />Street, Lincoln, Nebraska 68508 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed <br />of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property "); <br />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 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 />(1670) 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 from 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 />NIFA 3M6 <br />3719 CV 611969 <br />P"6e 1 of 5 <br />