|
a
<br />C
<br />a
<br />L/
<br />M
<br />r
<br />M
<br />U)
<br />M
<br />n
<br />M
<br />NEBRASKA
<br />200206272 SECOND DEED OF TRUST
<br />(HBA Loan)
<br />M
<br />T
<br />n
<br />M
<br />n
<br />D
<br />S
<br />M
<br />D
<br />L
<br />2
<br />Z
<br />_
<br />7nC
<br />n cn
<br />Q
<br />CD
<br />NEBRASKA
<br />200206272 SECOND DEED OF TRUST
<br />(HBA Loan)
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of May 31st ,
<br />among Armando T. Flores and Elizabeth M. Flores
<br />r
<br />2002 , by a>liF-�-
<br />( "Trustor "),
<br />whose mailing address is 619 W 12th Street Grand Island- NE 68801
<br />Commercial Federal Bank, a Federal Savings Bank ( "Trustee "),
<br />whose mailing address is 450 Regency Parkway Omaha, NE 68114
<br />Nebraska; and Nebraska Investment Finance Authority ('Beneficiary "), whose mailing address is 200 Commerce Court, 1230 O
<br />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 security of Beneficiary, under and subject to the terms and conditions of this Second Deed
<br />of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property ");
<br />and
<br />TOGETHER WITH, all rents, profits, royalties, income and otter 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 right,
<br />title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or
<br />hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in
<br />the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all
<br />right, title and interest of Trustor, now owned hereafter acquired, in and to any land, lying within the right -of -way of any street or
<br />highway adjoining the Property, and any arid all alleys and strips and gores of land adjacent to or used in connection with the
<br />Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the
<br />estate, interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all
<br />awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the
<br />Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance
<br />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
<br />(16 %) per annum.
<br />The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness.
<br />This Second Decd oCfrust, any promissory note of Trustor in favor of Beneficiary and any other instrument given to evidence
<br />or further secure the payment and performances of any obligation secured hereby are referred to collectively as the "Loan
<br />Instruments ".
<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the
<br />Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed
<br />of Trust from Trustor encumbering the Property dated on or about the date hereof (the 'First Deed of Trust "), and (iii) Trustor will
<br />defend the Trust Estate against the lawful claims of any person_
<br />NIFA 3/96
<br />3718.CV(1W01) (a1566 Page Iof5
<br />fOT(HIIOIY .mi
<br />C.
<br />M
<br />n cn
<br />CD
<br />N
<br />O— t
<br />O
<br />cc
<br />p
<br />-< a C)
<br />N
<br />O -M
<br />O
<br />T
<br />T zr
<br />CO)
<br />n
<br />A CV
<br />O
<br />c'
<br />Z:3
<br />r
<br />u
<br />r m
<br />07
<br />Cho
<br />NO
<br />�
<br />N
<br />cn
<br />o
<br />U'
<br />N
<br />This Second Deed of Trust (this "Second Deed of Trust "), is made as of May 31st ,
<br />among Armando T. Flores and Elizabeth M. Flores
<br />r
<br />2002 , by a>liF-�-
<br />( "Trustor "),
<br />whose mailing address is 619 W 12th Street Grand Island- NE 68801
<br />Commercial Federal Bank, a Federal Savings Bank ( "Trustee "),
<br />whose mailing address is 450 Regency Parkway Omaha, NE 68114
<br />Nebraska; and Nebraska Investment Finance Authority ('Beneficiary "), whose mailing address is 200 Commerce Court, 1230 O
<br />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 security of Beneficiary, under and subject to the terms and conditions of this Second Deed
<br />of Trust, the real property, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property ");
<br />and
<br />TOGETHER WITH, all rents, profits, royalties, income and otter 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 right,
<br />title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or
<br />hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in
<br />the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all
<br />right, title and interest of Trustor, now owned hereafter acquired, in and to any land, lying within the right -of -way of any street or
<br />highway adjoining the Property, and any arid all alleys and strips and gores of land adjacent to or used in connection with the
<br />Property, and any and all buildings, fixtures and improvements now or hereafter erected thereon (the "Improvements "), and all the
<br />estate, interest, right, title or any claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all
<br />awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the
<br />Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance
<br />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
<br />(16 %) per annum.
<br />The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness.
<br />This Second Decd oCfrust, any promissory note of Trustor in favor of Beneficiary and any other instrument given to evidence
<br />or further secure the payment and performances of any obligation secured hereby are referred to collectively as the "Loan
<br />Instruments ".
<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the
<br />Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed
<br />of Trust from Trustor encumbering the Property dated on or about the date hereof (the 'First Deed of Trust "), and (iii) Trustor will
<br />defend the Trust Estate against the lawful claims of any person_
<br />NIFA 3/96
<br />3718.CV(1W01) (a1566 Page Iof5
<br />fOT(HIIOIY .mi
<br />C.
<br />
|