0001'611074
<br />NEBRASKA
<br />SECOND DEED OF TRUST
<br />200501732 (HBA)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of February 2 5 , 2 0 0 5 by and among
<br />Salvador Prado Luna and Chelsie Prado, Husband and Wife
<br />( "Trustor "), whose mailing address is415 E Sunset Ave , Grand Island, NE 68801
<br />; Commercial Federal Bank, a Federal Savings Bank ( "Trustee "), whose mailing address is 450 Regency Parkway, Omaha, NE 68114 ; and
<br />Nebraska Investment Finance Authority ('Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska
<br />68508 -1402.
<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 />The West Thirty —Nine and Eight Tenths (39.8) Feet of Lot Two (2), Block
<br />Fourteen (14) and a tract of Land Thirty (30) Feet in width adjoining and
<br />being the full length of Lot Two (2), Block Fourteen (14), on the West
<br />side thereof, formerly being a part of Sunset Avenue and all being in
<br />Claussen Country View, an Addition to the City of Grand Island, Hall
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived form 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 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 />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate."
<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 sixteen percent (16 %) per
<br />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 evidence or further
<br />secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments."
<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 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 />To protect the Security of the Second Deed of Trust:
<br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and all other sums as
<br />provided in the Loan Instruments.
<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 />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 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 />N I FA 11/04
<br />
|