|
<br /> :0 n
<br /> m :J: r-...:. ~
<br /> .." m i' c:.. Qlf)
<br /> c: \' ~ 0
<br /> n ~ G:>"*1
<br /> PI n z ^ ~f C- c::;::J> r'\)
<br /> '1: n 0 c::: Z"*1 [
<br /> :-. rn )> ~ ~ I -Il'Tl 0
<br /> ~' n (.I) -< 0
<br />N ;II'Ir;: :t: t- O .." 0 0;-
<br />S Cl -.] ."
<br /> '"Tl :z -.J
<br />G ~ ~ ~ ::x: l'T1 -
<br />-..J ~
<br />S ~ l ...,., ~ OJ c::> g
<br /> ::3 ,.,.,. :;0
<br />0) r.~ en
<br />iSl ~ c.n
<br />~ <lJ:: ~ C) 3
<br />N ~
<br /> <:) --~ -C ~
<br /> Ul I: N
<br /> $I' ~
<br />
<br />
<br />
<br />NEBRASKA
<br />SECOND DEED OF TRUST
<br />(DBA)
<br />
<br />200706042
<br />
<br />v
<br />,.~~
<br />
<br />This Second Deed of Trust (this "Second Deed of Trust''), is made as of Julv 16. 2007, by and among
<br />RODNEY E COSGRIFF. A SINGLE PERSON (''Trustor''), whose mailing address is 3930 EFOSTERRD-DONIPHAN. NE 68832; lL..S..
<br />Bank Trust COlllPany. National Association (''Trustee''), whose mailing address is III S W Fifth Avenue - Portland. OR 97204; and
<br />Nebraska Investment Finance Authority ("Beneficiary''), whose mailing address is 200 Commerce Court. 1230 0 Street Lincoln. Nebrll!lka
<br />68508-1402.
<br />
<br />FOR VALUABLE CONSIDERATION, 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 />
<br />LOT ONE (I), COSGRIFF SUBDIVISION, HALL COUNIT, NEBRASKA
<br />
<br />[Legal Description]
<br />
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from 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 the 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 />
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate",
<br />
<br />For the Purpose of Securing:
<br />
<br />A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary; and
<br />
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of sixteen percent (16%)
<br />per annum.
<br />
<br />The indebtedness described in paragraphs A and B above is referred tOllS the "Indebtedness."
<br />
<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 />
<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 al1 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 />
<br />To Protect the Security of this Second Deed of Trust:
<br />
<br />I, Payment of Indebtedness. Trustor shal1 pay when due the principal of, and the interest on, the Indebtedness and al1 other sums
<br />as provided in the Loan Instruments,
<br />
<br />2, 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 />
<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 tenns 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 />
|