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-�- <br />M <br />n n <br />m <br />M <br />z� <br />r� <br />C>U) <br />ca <br />c <br />n <br />- <br />M <br />o <br />cn <br />M <br />C <br />Cs) <br />71. <br />5 a <br />-< C-, <br />@ � <br />n <br />Dill <br />CJt <br />�G <br />0 <br />C) <br />­1 <br />C� <br />::r <br />c-n .... <br />m <br />v <br />L <br />C3 <br />NJNJ <br />r- Tr <br />Cam.) <br />F--� <br />= <br />h] <br />A <br />fV <br />0001611850 NEBRASKA <br />SECOND DEED OF TRUST <br />(HBA) <br />MThis Second Deed of Trust (this "Second Deed of Trust "), is made as of April 07 , 2 005 by and among <br />Anselma Arriaza, A Single Person <br />("Trustor"), whose mailing addressis615 N Eddy St ,Grand Island, NE 68801 <br />H ; Commercial Federal Bank, a Federal Savings Bank ( "Trustee "), whose mailing address is 450 Regency Parkway, Omaha, NE 68114 ; and <br />X1'1 Nebraska Investment Finance Authority ('Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska <br />68508 -1402. <br />FOR VALUABLE CONSIDERA'T'ION, Trustor irrevocably transfers, conveys and assigns to "Trustee, IN TRUST, WITH POWER OF <br />SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Second Deed of Trust, the real property, <br />legally described as follows (the "Property "): <br />The South Sixty—four (64) feet of Lot Five (5), Block Nineteen (19), H.G. <br />Clark's Addition to the City of Grand Island, Hall County, Nebraska <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived form the Property (collectively, the "rents "), all leases or <br />subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Trustor thereunder, <br />all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, estate or other claims, both <br />in law and in equity, which Trustor now has or may hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and <br />appurtenances thereof and thereto, all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying <br />within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in <br />connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the "improvements "), and all <br />the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all awards made <br />for taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without <br />limitation any awards resulting from 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 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 (16 %) per <br />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 or further <br />secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments." <br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the Trust Estate is <br />free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed of Trust from Trustor <br />encumbering the Property dated on or about the date hereof (the 'First Deed of Trust "), and (iii) Trustor will defend the Trust Estate against the <br />lawful claims of any person. <br />To protect the Security of the Second Deed of Trust: <br />I. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and all other sums as <br />provided in the Loan Instruments. <br />1 Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied against the <br />Trust Estate or any part thereof, before delinquency, without notice or demand. <br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the Improvements constituting part <br />of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the Property is secured by a first deed of <br />trust or mortgage, compliance with the insurance requirements of the first deed of trust or mortgage shall be sufficient to satisfy the requirements of <br />this paragraph 3 relating to insurance. <br />NIFA 11/04 <br />