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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 />