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CD � <br />rn <br />�r <br />�r <br />Zi- <br />NEBRASKA <br />SECOND DEED OF TRUST <br />(MBA LOAN) <br />rn <br />C:) <br />h <br />2 <br />-n <br />m <br />-. <br />�. <br />.. <br />Z <br />C) <br />3: <br />Ul <br />CD <br />.. ¢� <br />rn <br />> <br />U> <br />� <br />_ <br />C 0 <br />C D <br />C) <br />i <br />Cl) <br />CT] r-h <br />U <br />cri <br />d <br />\J, <br />CD � <br />rn <br />�r <br />�r <br />Zi- <br />NEBRASKA <br />SECOND DEED OF TRUST <br />(MBA LOAN) <br />This Second Deed of Trust (this "Second Deed of Trust'), is made as of J u n e 1 , 2 0 0 5 by and among <br />MATTHEW FARRELL. A SINGLE PERSON and KRISTIN HARRISON. A SINGLE PERSON, ("Trustor"), whose 0 <br />mailing address is 2008 PROSPECT STREET.GRAND ISLAND. NE 68803 <br />COMMERCIAL FEDERAL BANK, A FEDERAL SAVINGS BANK ( "Trustee "), whose mailing address is 13220 CALIFORNIA STREET <br />O M A H A , N E B R A S K A ; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing <br />address is 200 Commerce Court, 1230 0 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 <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 Trustor thereunder, all right, title and interest of Trustor 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 Property, and any and all alleys and strips and gores of land adjacent to or <br />used in connection with the Property, and any and all 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 Trustor 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 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 <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 Trustor 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 />Trustor 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 />HSA TRUST DEED P1 <br />MF <br />C:) <br />Ul <br />CD <br />U> <br />� <br />_ <br />C 0 <br />C D <br />C) <br />i <br />Cl) <br />CT] r-h <br />2 <br />d <br />This Second Deed of Trust (this "Second Deed of Trust'), is made as of J u n e 1 , 2 0 0 5 by and among <br />MATTHEW FARRELL. A SINGLE PERSON and KRISTIN HARRISON. A SINGLE PERSON, ("Trustor"), whose 0 <br />mailing address is 2008 PROSPECT STREET.GRAND ISLAND. NE 68803 <br />COMMERCIAL FEDERAL BANK, A FEDERAL SAVINGS BANK ( "Trustee "), whose mailing address is 13220 CALIFORNIA STREET <br />O M A H A , N E B R A S K A ; and Nebraska Investment Finance Authority ( "Beneficiary"), whose mailing <br />address is 200 Commerce Court, 1230 0 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 <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 Trustor thereunder, all right, title and interest of Trustor 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 Property, and any and all alleys and strips and gores of land adjacent to or <br />used in connection with the Property, and any and all 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 Trustor 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 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 <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 Trustor 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 />Trustor 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 />HSA TRUST DEED P1 <br />MF <br />