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<br />NEBRASKA
<br />SECOND DEED OF TRUST
<br />(HBA)
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<br />200509847
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<br />...
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<br />This Second Dccd of Trust (this "Second Deed of Trust"), is made as of Octobcr 3, 2005, by and among
<br />Chad A. Sheffield and Kavla M. Sheffield, Husband and Wifc ("Trustor"), whosc mailing address is 2924 N. Webb Rd._ Grand Island, Nebraska
<br />68803 ; U.S. Bank Trust Company, National Association ("Trustee"), whose mailing address is III
<br />SW Fifth Avenue, Portland, Oregon 97204; and Nebraska Investment Finance Authority ("Beneficiary"), whose mailing addrcss is 200 Commcrcc
<br />Court, 12300 Street, Lincoln, Nebraska 68508-1402.
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<br />FOR VALUABLE CONSlDERA nON, Trustor irrcvocably transfcrs, 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 Sccond Deed of Trust, the real property,
<br />legally described as follows (thc "Property"):
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<br />Lot Six (6), Timberline Subdivision, an Addition to the City of Grand Island, Hall County, Nebraska.
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<br />[Legal Description]
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<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property (collectively, the "rents"), alllcascs or
<br />subleases covering the Propcrty 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, cstate or other claims, both
<br />in law and in equity, which Trustor now has or may hereafter acquire in the Propcrty, all eascments, 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 uscd in
<br />connection with the Property, and any and all buildings, fixtures and improvements now or hcreafter 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 thc taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estatc, including without
<br />limitation any awards resulting from a change of grade of streets and awards for severance damages.
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<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate".
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<br />For the Purpose of Securing:
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<br />A. Payment of indebtedness evidenced by any promissory note of Trustor in favor of Beneficiary; and
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<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.
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<br />The indebtcdness described in paragraphs A and B above is referred to as the "Indebtedness."
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<br />This Second Deed of Trust, any promissory notc of Trustor in favor of Beneficiary and any other instrument given to evidence or furthcr
<br />secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments".
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<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 encumbranccs except for easements, restrictions and covenants of record and thc Dced of Trust from Trustor
<br />encumbering the Property dated on or about the date hercof (thc "First Dced of Trust"), and (iii) Trustor will defend the Trust Estate against thc
<br />lawful claims of any person.
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<br />To Protect the Security of this Second Deed of Trust:
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<br />I. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and all other sums
<br />as provided in the Loan Instruments.
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<br />2. Taxes. Trustor shall pay cach 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.
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<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 terms reasonably satisfactory to Bcneficiary. 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 sutllcient to satisfy the requirements of
<br />this paragraph 3 relating to insurance.
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