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<br />NEBRASKA
<br />SECOND DEED OF TRUST
<br />(HBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of D a c a m b e r s o . 2 0 oby and among\
<br />Enrique M Martinez, A 61EeleN' ?Smotirand Island.NE 688D1
<br />("rrustor'), whose mailing address is C_
<br />Commercial Federal Bank, A Federal Savings Bank (" Trustee "), whose mailing address is
<br />o m a h e , Nebraska; and Nebraska Investment Finance Authority 1
<br />( "Beneficiary"), whose mailing addres is 200 Commerce Court, 1230 0 Street, Lincoln, 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
<br />all right, title and Interest of Trustor thereunder, all right, title and interest of Truster in and to any greater estate in the
<br />Property owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Truster now has
<br />or may hereafter acquire in the Property, all easements, rights -of -way, tenements, herediltaments and appurtenances
<br />thereof and thereto, all water rights, all right, title and interest of Truster, now owned or hereafter acquired, in and to any,
<br />land, lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and
<br />gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures and improvements now
<br />or hereafter erected thereon (the 'Improvements'), and all the estate, interest, right, title or any claim or demand which
<br />Truster now has or may hereafter acquire in the Property, and any and all awards made for taking by eminent domain, or by
<br />any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any
<br />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
<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
<br />evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as
<br />the "Loan Instruments ".
<br />Truster covenants that (1) Truster holds title to the Trust Estate and haw 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
<br />and the Deed of Trust from Truster encumbering the Property dated on or about the date hereof (the "First Deed of Trust "),
<br />and (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 />1. Payment of Indebtedness. Truster shall pay when due theprincipal of, and the Interest on, the Indebtedness
<br />and all other sums as provided In the Loan Instruments.
<br />NIFA 2/96
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<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of D a c a m b e r s o . 2 0 oby and among\
<br />Enrique M Martinez, A 61EeleN' ?Smotirand Island.NE 688D1
<br />("rrustor'), whose mailing address is C_
<br />Commercial Federal Bank, A Federal Savings Bank (" Trustee "), whose mailing address is
<br />o m a h e , Nebraska; and Nebraska Investment Finance Authority 1
<br />( "Beneficiary"), whose mailing addres is 200 Commerce Court, 1230 0 Street, Lincoln, 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
<br />all right, title and Interest of Trustor thereunder, all right, title and interest of Truster in and to any greater estate in the
<br />Property owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Truster now has
<br />or may hereafter acquire in the Property, all easements, rights -of -way, tenements, herediltaments and appurtenances
<br />thereof and thereto, all water rights, all right, title and interest of Truster, now owned or hereafter acquired, in and to any,
<br />land, lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and
<br />gores of land adjacent to or used in connection with the Property, and any and all buildings, fixtures and improvements now
<br />or hereafter erected thereon (the 'Improvements'), and all the estate, interest, right, title or any claim or demand which
<br />Truster now has or may hereafter acquire in the Property, and any and all awards made for taking by eminent domain, or by
<br />any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any
<br />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
<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
<br />evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as
<br />the "Loan Instruments ".
<br />Truster covenants that (1) Truster holds title to the Trust Estate and haw 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
<br />and the Deed of Trust from Truster encumbering the Property dated on or about the date hereof (the "First Deed of Trust "),
<br />and (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 />1. Payment of Indebtedness. Truster shall pay when due theprincipal of, and the Interest on, the Indebtedness
<br />and all other sums as provided In the Loan Instruments.
<br />NIFA 2/96
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