|
A
<br />O
<br />D
<br />2
<br />D
<br />M
<br />M
<br />1
<br />1
<br />M
<br />M
<br />N
<br />m
<br />G_
<br />n
<br />M
<br />CO
<br />CA
<br />SECOND DE DSOF TRUST 200214049
<br />(HBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust'), is made as of December 11, 2002 by
<br />and among PEDRO LOON - LUVIANO AND HILDA SANCHEZ DL LEON ( "Tmstor"), whose mailing
<br />address is 110 LAST 7TH STREET GRAND ISLAND, NL, 68801- ;COMMERCIAL
<br />FEDERAL BANK, A SAVINGS BANK, ( "Trustee "), whose mailing address is 450 Regency Parkway,
<br />Omaha, Nebraska; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing address is
<br />200 Commerce Court, 1230 O Street, Lincoln, Nebraska, 68508 -1402.
<br />FOR VALUABLE CONSIDERATION, Truster irrevocably transfers, conveys mid 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 rents, 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, mid all right, title and interest of Truster thereunder, all right, title and
<br />interest of Tmstor 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 casements, rights -of -way, tenements, hemditamenls and appurtenances thereof and thereto, all
<br />water rights, all right, title and interest of Tmstor, 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 Truster 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 catatc and interest conveyed to the Trustee arc referred to collectively
<br />as the "Trust Estate ".
<br />For the Purpose of Securing:
<br />A. Payment of indebtedness evidenced by any promissory note of Tmstor 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 />This Second Deed of Trust, any promissory note ofTrustor 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 Instmmcnts ".
<br />Trustor covenants that (i)'I'mstor holds title to the Trust Estate and has lawful authority to
<br />encumber the Trust Estate, (it) the 'I rust Estate is free and clear of all liens and encumbrances except for
<br />casements, restrictions and covenants of record and the Deed of Trust from'fmstor encumbering the
<br />Property dated on or about the date hereof (the "First Deed of Trust'), and (iii) the Tmstor will defend the
<br />Trust Estate against the lawful claims of any person.
<br />
|