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<br />NEBRASKA <br />SECOND DEED OF TRUST <br />(HBA) <br /> <br />200509714 <br /> <br />:J::a <br />r- <br />r- <br />n; <br />o <br />:::! <br />-i <br />r- <br />rr1 <br />en <br />rT1 <br />~ <br />c=; <br />rT1 <br />(I') <br />r- <br />h <br /> <br />This Second Deed of Trust (this "Second Deed of Trust"), is made as of September 29. 2005, by and among <br />CHAD M KEEZER and HEATHER R KEEZER. HUSBAND AND WIFE ("Trustor"), whose mailing address is 103 EAST 20TH STREET ~ <br />GRAND ISLAND. NE 68801; U.S. Bank Trust Companv. National Association ("Trustee"), whose mailing address is III S W Fifth <br />Avenue - Portland. OR 97204; and Nebraska Investment Finance Authoritv ("Beneficiary"), whose mailing address is 200 Commerce Court. <br />12300 Street. Lincoln. Nebraska 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 Five (5), in Block Five (5), in Morris Fourth Addition to the City of Grand Island, Hall County, 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 hercafter 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 (thc "Improvements"), and all <br />thc estate, intercst, right, titlc 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 thc cntire 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 sixtccn percent (16%) <br />per annum. <br /> <br />The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness." <br /> <br />This Second Dced of Trust, any promissory notc of Trustor in favor of Beneficiary and any other instrument given to cvidcnce or further <br />secure the payment and performance of any obligation secured hereby are referrcd 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 all 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 thc date hereof (the "First Deed of Trust"), and (iii) Trustor will defend thc 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 shall pay when due the principal of, and thc interest on, the Indebtedncss and all other sums <br />as provided in the Loan Instruments. <br /> <br />2. Taxes. Trustor shall pay each installment of all taxes and special assessmcnts 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 Bcneficiary. So long as thc 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 />