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<br /> NEBRASKA
<br /> SECOND OEEO OF TRUST
<br /> (HBA Loan)
<br /> This Second Deed of T�ust tthis "Second Deed of TrusY1, is made as of May 27th, 199� by and among
<br /> Everett Wiley III a single person Melanie M. Wallin a sinqle person
<br /> . ("Trustor"), whose mailing address is as j oint tenants .
<br /> Commercial Federal Bank (•Trustee"1 PO Box 11�03
<br /> , whose mailing address is
<br /> ,Omaha , Nebraska; 'and Nebraska I�vestment Finance Authorir
<br /> ('Beneticiary'), whose mailing address is 200 Commerce Court, 1230 O Street, Lincoln, Nebraska 68508-1402.
<br /> FOR VALUABLE CONSIDEAATION, Trustor irrevocably transfers,conveys and assigns to Trustee, IN TRUST,WITH POWEt
<br /> OF SALE, for the be�efit and security of Be�eficiary, under and subject to the terms and condido�s of this Second �eed of Trus• `
<br /> the real property, lepally described on Exhibit A attached hereto and incorporated herein by refe�ence lthe 'Property"); and
<br /> TOGETHER WITH,aU rents,profits,royalties,i�come and other benefits derived from the Property(collectively,the'rents")
<br /> all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title anc
<br /> interest of Trustor thereunde�, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafte
<br /> acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafte� acquire in th�
<br /> Property, all easements, �ights-of-way, tenements, hereditaments and appurtenances thereof a�d thereto, all wate�rights, all right
<br /> titie and interest of Trustor, now owned o� hereafter acquired, in and to any land, lying within the right�f-way of any street o
<br /> highway adjoining the Property, and any and all alleys and strips and gores of land adjacent to or used in connection with th�
<br /> Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the 'Improvements'), and all thf
<br /> estate, interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any anc
<br /> all awards made for the taking by eminent domain, or by any proceedi�g or purchase in lieu thereof, of the whole o�any part o
<br /> the Trust Estate, including without limitation any awards resulting from a change of grade of sVeets and awards for severance
<br /> damages.
<br /> The Property and the entire estate and interest conveyed to the T�ustee are referred to collectivety as the 'T�ust Estate"
<br /> For the Purpose of Securing:
<br /> A. Payment of indebtedness evidenced by any promissory note of Ttustor 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 o
<br /> sixteen percent (16961 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 T�ustor in favor of Beneficiary and any other instrument �iven tc
<br /> evidence or turther secure the payment and perfarmance of any obligation secured hereby are refer�ed to collectively as the 'Loar
<br /> Instruments'. �
<br /> T�usto� covenants that (i) Trustor hotds title to the Trust Estate and has lawful authority to encumber the Trust Estate.
<br /> (ii) the Trust Estate is iree and clear of all fiens and encumbrances except for easements, restrictions and covenants of record anc
<br /> the Oeed of Trust from Trustor encumberi�g the Property dated on or about the date hereof (the "First Oeed of TrusY1, and
<br /> (iil) Trustor will defend the Trust Estate against the lawful claims of any person.
<br /> To Protact the Security of thls Second Deed of Trust:
<br /> 1. Paymeni o//ndebtedness. Trustor shall pay when due the principal o(,and the interest on, the Indebtedness anc
<br /> all other sums as provided In the Loan Instruments. ,
<br /> . � NIFA 2/9E
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