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D <br />L' <br />M <br />m <br />�1 <br />ni <br />M <br />v <br />C7 <br />rill <br />Q3 <br />This Second Deed of <br />among <br />whose mailing address is <br />"Second Deed of Trust'), is made as of November 25th 2002 , by a <br />iel Montanez Rneda, as husband and wife ('"Trustor "), <br />Commercial Federal Bank a F eder.1 Savings Bank ( "Trustee'), <br />whose mailing address is 450 Regency Parkway, 2W Oraaha NE 68114 <br />Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary "), whose mailing address is 200 Commerce Court. 1230 O <br />Street, Lincoln, Nebraska 68509 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITIT <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 suhlcates 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 tight, title and interest of Truster 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, herci itaments 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 convoyed 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 />13. 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 ufTrustor in favor ot'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 frost Estate and has lawful authority to encumber the Trust Estate, (it) the <br />'f rust Estate is free and clear of all hens and encumbrances except for easements, restrictions and covenants of record and lire 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 />N.1196 <br />3918CVMalp 1617414 P...Id5 <br />OOTOOX)39e2b1 <br />A a <br />= <br />-o <br />M W <br />f) I', <br />n <br />° m <br />0 <br />o <br />z <br />° <br />� <br />o <br />o <br />r n <br />in <br />C <br />1 <br />vl <br />s <br />NEBRASKA <br />C` <br />o <br />--' <br />m °.E <br />SECOND <br />DEED OF TRUST <br />1 <br />N <br />`a ° <br />200913483 <br />HBA Loan) <br />This Second Deed of <br />among <br />whose mailing address is <br />"Second Deed of Trust'), is made as of November 25th 2002 , by a <br />iel Montanez Rneda, as husband and wife ('"Trustor "), <br />Commercial Federal Bank a F eder.1 Savings Bank ( "Trustee'), <br />whose mailing address is 450 Regency Parkway, 2W Oraaha NE 68114 <br />Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary "), whose mailing address is 200 Commerce Court. 1230 O <br />Street, Lincoln, Nebraska 68509 -1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITIT <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 suhlcates 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 tight, title and interest of Truster 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, herci itaments 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 convoyed 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 />13. 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 ufTrustor in favor ot'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 frost Estate and has lawful authority to encumber the Trust Estate, (it) the <br />'f rust Estate is free and clear of all hens and encumbrances except for easements, restrictions and covenants of record and lire 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 />N.1196 <br />3918CVMalp 1617414 P...Id5 <br />OOTOOX)39e2b1 <br />