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VILLA, J GI <br />1595356 <br />m <br />n <br />T7 <br />CC-- 4 : <br />�l. <br />w C' <br />O <br />v <br />i r'1 <br />--4 <br />r <br />r\) <br />C CL <br />f.' <br />! lr <br />o <br />N O Tl OO <br />i <br />C7 `t <br />Z <br />f <br />W -X' <br />-Xz <br />CD <br />ui <br />C� <br />NEBRASKA <br />n <br />CO <br />O <br />SECOND DEED OF TRUST <br />(HBA Loan) <br />This Second Deed of Trust (this "Ser'nnd Deed of Trust"), is made as of <br />D e c e m b e r <br />3 0 , 2 0 0 by and among <br />Julian Villa WN Vi'(( , f1Tbba-NCi <br />"), <br />('Trustor whose mailing aodress is 1 4U b B r o a d w e 1 1, G r a n d <br />I s 1 a n d, N E <br />6 8 8 0 1 <br />Commercial Federal Bank, A federal Savings Bank ("Trustee"), <br />whose mailing address is <br />1 0 m a h a , Nebraska; <br />and Nebraska <br />Investment Finance Authority <br />( "Beneficiary"), whose mailing addres is 200 Commerce Court, 1230 O 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 b reference the <br />"Property "); and <br />P Y <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 Trustor 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 Trustor now has <br />or may hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances <br />thereof and thereto, all water rights, all right, title and interest of Trustor, 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 />Trustor 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 />Estate The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the 'Trust <br />". <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 />Trustor covenants that (i) Trustor 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 Trustor 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. Trustor 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 <br />