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<br /> NEBRASKA �
<br /> SECOND DEED OF TRUST
<br /> (HBA Loan) 11 ..�
<br /> This Second Deed of Trust(this"Second Deed of Trust"), is made as of M a r c h z � , 1 9 9 8 by and among v��
<br /> Thoma D . Zeckser , A Si Per on ;
<br /> ("Trustor"�,whosemailingaddressis � � �� N • � uston Avenue , Grand Island , NE sa8o3
<br /> Commerical Federal Bank , A Federal Savings Bank ("TI'USte@°�,whosemailingaddressfs :
<br /> � 0 m a h a , Nebraska; and Nebraska Investment F(nance Authority :
<br /> ("Beneficiary"),whose mailing addres is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508-1402. :
<br /> FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH :
<br /> POWER OF SALE, for the benefit and securiry of Beneficiary, under and subject to the terms and condftions of this Second
<br /> Deed of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the
<br /> "Property");and :
<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 :
<br /> all right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the :
<br /> Property owned or hereafter acquired, all interests, estate or other clafms, both in law and in equity, which Trustor now has
<br /> or may hereafter acquire in the Properry, all easements, rights-of-way, tenements, hereditaments and appurtenances
<br /> thereof and thereto, all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any :
<br /> land, lying within the right-of-way of any street or highway adjoining the Property, and any and all alleys and strips and :
<br /> gores of land adJacent to or used fn connectfon with the Property,and any and all buildings,fixtures and improvements now :
<br /> or hereafter erected thereon (the "Improvements"), and all the estate, interest, right, title or any claim or demand which :
<br /> Trustor now has or may hereafter acqu(re in the Property, and any and all awards made for taking by eminent domain, or by :
<br /> any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, inciuding without limitation any :
<br /> 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
<br /> 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
<br /> sixteen percent(16�0) per 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 :
<br /> evidence or further secure the payment and pertormance of any obligation secured hereby are referred to collectively as
<br /> the"Loan Instruments".
<br /> Trustor covenants that (i)Trustor holds title to the Trust Estate and haw 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
<br /> and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof(the"First Deed of Trust"),
<br /> and (iif)Trustor will defend the Trust Estate against the lawful claims of any person. ,
<br /> To protect the Securiry of this Second Deed of Trust:
<br /> 1. Payment of Indebtedness. Trustor shall pay when due theprincipal of, and the interest on, the Indebtedness
<br /> and all other sums as provfded in the Loan Instruments.
<br /> � NIFA 2/96 s
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