r
<br />A
<br />T
<br />n
<br />2
<br />�
<br />v
<br />M
<br />J
<br />N
<br />T
<br />o
<br />Z
<br />CD
<br />N
<br />CAD
<br />m
<br />rn
<br />CD
<br />Q
<br />p
<br />o
<br />�
<br />O
<br />off',
<br />N
<br />o -" ID
<br />O
<br />H
<br />c n
<br />E
<br />r
<br />C--
<br />M
<br />J
<br />N
<br />T
<br />o
<br />Z
<br />CD
<br />N
<br />CAD
<br />m
<br />rn
<br />CD
<br />Q
<br />o
<br />�
<br />O
<br />off',
<br />N
<br />o -" ID
<br />O
<br />H
<br />c n
<br />z
<br />N
<br />^
<br />(
<br />S m
<br />CC/a
<br />�(I
<br />M
<br />7
<br />a
<br />m
<br />r x
<br />r A
<br />N
<br />=
<br />NEBRASKA
<br />^'
<br />OND DEED OF TRUST
<br />N
<br />N
<br />CID
<br />(HBA Loan)
<br />w
<br />cr,
<br />c
<br />This Second Deed of Trust (this "Second Deed of Trust'), is made of February 25th,_2002 by and among
<br />Jay N Longfellow and Julie A Longfellow, as husband and wife_ ("Trustor"),
<br />whose mailing address is 2720 W. Division Street Grand Island, NE 68803
<br />Commercial Federal Bank, A Federal Savings Bank ('Trustee), whose mailing
<br />address is 2120 S 72nd Street Omaha NE 68124- Nebraska; �_ R
<br />and Nebraska Investment Finance Authority ('Beneficiary"), whose mailing address is 200 Commerce Court, 1230 O Street,
<br />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 security of Beneficiary, under and subject to the terms and conditions 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 all
<br />right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property
<br />owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may
<br />hereafter acquire in the Property, all easements, rights -of -way, tenements hereditaments and appurtenances thereof and
<br />thereto, all water rights, all right, title and interest of Trustor now owned hereafter acquired in and to any land, lying within the
<br />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
<br />used in connection with the Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon
<br />(the "Improvements "), and all the estate, interest, right, title or any claim or demand which Trustor now has or may hereafter
<br />acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in
<br />lieu thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of
<br />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
<br />percent (16 %) 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 performances 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 has lawful authority to encumber the Trust Estate,
<br />(ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of
<br />record and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of
<br />Trust'), and (iii) Trustor will defend the Trust Estate against the lawful claims of any person.
<br />Page 1 of 5
<br />FM661 P1.uR 06/2001
<br />NIFA 7/1999
<br />V
<br />
|