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NEBRASKA L.J <br />SECOND DEED OF TRUST 200314548 <br />(HBA LOAN) <br />This Second Deed ofTmst (this "Second Deed of Trust"), is made as of October 31, 2003 by and among Mercedes Villatoro <br />( "Truster"), whose mailing address is 1115 South Pine, Grand Island, NE 68801; Commercial Federal Bank, A Federal <br />Savings Bank ("Tristee"), whose mailing address is PO Box 1103 Onwhn, NE 68101 -1105; and Nebraska Investment <br />Finance Authority ( "Beneficiary "), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508- <br />1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this <br />Second Deed of Trust, the real property, legally described air Exhibit A attached hereto and incorporated herein by reference <br />(the "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 Tartar thereunder, all right, title and interest of Trastor 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 Truster now has or may <br />hereafter acquire in the 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, mid 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 "Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter <br />acquire in die 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 or <br />grade of streets and awards for severance damages. <br />'the Property and the entire estate and mtercat conveyed to the Trustee are referred to collectively as the "Trust <br />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 <br />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 of Trustor in favor of Beneficiary and any other instrument given to evidence <br />or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan <br />instruments ". <br />Trustor covenants that (I) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, <br />(ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record <br />and the Deed of Trust from Toaster encumbering the Property dated on or about the date hereof (the "First Decd of Trust'), and <br />(iii) 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 />Payment of/ndebtedness. Trustor shall pay when due the principal of, and the interest on, die Indebtedness <br />and all other sums as provided in the Loan Instruments. <br />Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter 4 <br />levied against the Trust Estate or any part thereof before delinquency, without notice or demand. d <br />Insurance and Repairs. Truster shall maintain fire and extended coverage insurance insuring the <br />Improvements constituting part of the Trust Estate for such amounts and on such terms reasonably <br />satisfactory to Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, <br />M, V <br />n <br />n <br />n <br />z <br />n <br />x <br />n U <br />N <br />b <br />p <br />n <br />CO <br />fr <br />J <br />i <br />N <br />co � <br />N <br />� <br />z <br />0 <br />NEBRASKA L.J <br />SECOND DEED OF TRUST 200314548 <br />(HBA LOAN) <br />This Second Deed ofTmst (this "Second Deed of Trust"), is made as of October 31, 2003 by and among Mercedes Villatoro <br />( "Truster"), whose mailing address is 1115 South Pine, Grand Island, NE 68801; Commercial Federal Bank, A Federal <br />Savings Bank ("Tristee"), whose mailing address is PO Box 1103 Onwhn, NE 68101 -1105; and Nebraska Investment <br />Finance Authority ( "Beneficiary "), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508- <br />1402. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this <br />Second Deed of Trust, the real property, legally described air Exhibit A attached hereto and incorporated herein by reference <br />(the "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 Tartar thereunder, all right, title and interest of Trastor 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 Truster now has or may <br />hereafter acquire in the 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, mid 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 "Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter <br />acquire in die 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 or <br />grade of streets and awards for severance damages. <br />'the Property and the entire estate and mtercat conveyed to the Trustee are referred to collectively as the "Trust <br />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 <br />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 of Trustor in favor of Beneficiary and any other instrument given to evidence <br />or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan <br />instruments ". <br />Trustor covenants that (I) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, <br />(ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record <br />and the Deed of Trust from Toaster encumbering the Property dated on or about the date hereof (the "First Decd of Trust'), and <br />(iii) 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 />Payment of/ndebtedness. Trustor shall pay when due the principal of, and the interest on, die Indebtedness <br />and all other sums as provided in the Loan Instruments. <br />Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter 4 <br />levied against the Trust Estate or any part thereof before delinquency, without notice or demand. d <br />Insurance and Repairs. Truster shall maintain fire and extended coverage insurance insuring the <br />Improvements constituting part of the Trust Estate for such amounts and on such terms reasonably <br />satisfactory to Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, <br />M, V <br />