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8 rn T <br />� 71 a <br />b <br />200214262" <br />Second Deed of Trust (this "Second Deed of <br />�1 <br />m <br />r <br />in <br />` n <br />Nux <br />f <br />�m <br />e <br />NEBRASKA <br />rte•i' <br />SECOND DEED OF TRUST <br />N <br />(HBA LOAN) <br />N <br />Trust <br />"), is made as of Decemuer 17 <br />2602 <br />by and among <br />R 0 B <br />i N E - G W Y N N A 5 I N G L E <br />P E R S O <br />Iil, ( "Truster "), whose <br />ON.GRAND <br />ISLAND .NE 68801 <br />e� <br />NK <br />( "Trustee "), whose mailing address <br />is 13226 <br />CAI'FORN[A <br />STREET <br />and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing <br />_incoln, Nebraska 68508 -1402. <br />FOR VALUABLE CONSIDERATION, Truster 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 <br />Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the <br />"Property "): 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 <br />right, title and interest of Truster thereunder, all right, title and interest of Truster in and to any greater estate in the Property <br />owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may <br />hereafter acquire in th Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, <br />all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying within the <br />right- of-way of any street or highway adjoining the Properly, and any and all alleys and strips and gores of land adjacent to or <br />used in connection with the Property, and any and alt buildings, fixtures and improvements now or hereafter erected thereon <br />(the "Improvments "), and all the estate, interest, right, title or any claim or demand which Truster now has or may hereafter <br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in <br />lieu thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of <br />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 as the "Trust Estate" . <br />For the Purpose of Securing: <br />A. Payment of indebtedness evidenced by any promissory note of Truster 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 <br />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 of Truster in favor of Beneficiary and any other instrument given to <br />evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the <br />"Loan Instruments" <br />Truster covenants the (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) <br />the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and <br />the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust'), and (iii) <br />Trustor will defend the Trust Estate against the lawful claims of any person. <br />To Protect the Security of this Second Deed of Trust: <br />1. Paymentof Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and all <br />other sums as provided in the Loan Instruments. <br />1 TT,ST DEED P, <br />n 1\ <br />