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<br />I . I <br />::J <br />fi <br />~ <br />ai' <br />~ f <br />~ <br /> <br />This Second Deed of Trust (this "Second Deed of Trust"), is made as of September 30th. 2005 hy and among <br />AIIred 0 ~igsta~ and S~rah A Giqstad. husband and wife. jointly \~~ <br />and each ~n the~r own r~ght ("Trustor") whose mailing address is <br />3019 W STATE ST. GRAND ISLAND Nebraska 68803-2556 U.S. Bank Trust Company, ~ <br />National Association ("Trustee"), whose mailing address is 111 SW Fifth Ave, Portland, OR 97204; and Nebraska Investment <br />Finance Authority ("Beneficiary"), whose mailing address is 200 Commerce Court, 12300 Street, Lincoln, Nebraska 68508-1402. -' <br /> <br />;:0 <br />"' <br />.." <br />C <br />n Z <br />~~~ <br />nc.n <br />"'X <br /> <br />c....:> <br />o <br /> <br />no <br />:.t: )> , <br />R'~ '- <br /> <br />\~"'''' <br />('"r-:"'"}o <br />,0;:.::,') <br /><;..n <br /> <br />c:'? u; <br />o-~ <br />c: J:,. <br />z~ <br />......j I'TI <br />-< ,-"'. <br />0"" <br /> <br />1"'1 ,'~',.,_ <br /> <br />'- <br />.....,.. l <br />,r:::':'.".. <br /> <br />"")-) <br />rr"l <br />-'0 <br /> <br />N <br />G <br />G <br /><J1 <br />G <br />CD <br />-....,J <br />m <br />w <br /> <br />Ii' <br />- <br />. <br />~ <br />I <br /> <br />(f;) <br />(f) <br /> <br />~ <br /> <br />.~" <br /> <br />~ <br />o <br />\5\ <br />o <br /> <br />(I') <br /> <br />C., <br />'"r: <br />(','.);l <./:.:, <br />['1 <br />11l <br />Cl <br /><iI) <br /> <br />C.0 <br /> <br />'0: <br />e Bank <br />N' Street <br />n, NE 68508 <br /> <br />:'.:';;"-:;: r":) <br />:r:,. ~)) <br />I ;:0 <br />r- ;,.. <br />(() <br />;;:0:; <br />~ <br />---- ---- <br /> <br />[' <br />J :,,~ <br />F' <br /> <br />-0 <br />::3 <br /> <br />I.' <br />(I <br />t- <br /> <br />U1 <br />.J: <br /> <br /> <br />BRASKA <br />DEED OF TRUST <br />(HBA Loan) <br /> <br />d By: <br />hde <br /> <br />N' Street <br />n, NE 68508 <br /> <br />o <br />N <br />o <br />o <br /> <br />(J1 <br />C) <br />CD <br />--.J <br /> <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 Deed <br />of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); <br />and <br /> <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 right, <br />title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or <br />hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in <br />the Property, all easements, right-of-way, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all <br />right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying within the right-of-way of any street or <br />highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with the <br />Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements"), and all the <br />estate, interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all <br />awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the <br />Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance <br />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 <br />sixteen percent (16%) per annum. <br /> <br />The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness." <br /> <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 the "Loan <br />Instruments" . <br /> <br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has 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 and the <br />Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and (iii) Trustor <br />will defend the Trust Estate against the lawful claims of any person. <br /> <br />To Protect the Security of this Second Deed of Trust: <br /> <br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness <br />and all other sums as provided in the Loan Instruments. <br /> <br />HBADEED1.UFF <br />