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<br /> 200000'7 69 . -
<br /> DEED OF TRUST Page 2
<br /> . (Continued)
<br /> Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender and Trustee.
<br /> Gr�tor. The word"Grantor"means any and all persons and entities executing this Deed of Trust. Any Grantor who signs this Deed of Trust,but
<br /> does not sign the Credit Agreement,is signing this Deed of Trust only to grant and convey that Grantor's interest in the Real Property and to grant
<br /> S security interest in Grantor's interest in the Personal Property to Lender and is not person811y liable under the Credit Agreement except as
<br /> otherwise provided by contract or law.
<br /> Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, fixtures, buildings,
<br /> structures,mobile homes affixed on the Real Property,facilities,additions and other construction on the Real Property.
<br /> IndEbtedness. The word "Indebiedness" means all principal and inferest payable under the Credit Agreement and any amounts expended or
<br /> aCvanced by Lender to disCharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this
<br /> Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. SpeCiflCalty,without Ilmltatioe, this Deed of Trust
<br /> xcures a revolviny tine of credit,which obliyates Lender to make advances to Grantor so lony ss Grantor compllea with all the tertns of
<br /> the Credlt A�reement. Such advances may be made, repafd, and remade hom time to time, subJect to Me limitatlon that Me total
<br /> outstandiny balance owiny at any one time,not including flnance charpes on such balance at e flxed or varfabte rate or sum as provided
<br /> fn the Credit Agreement,any temporory overoyes,other char9es,and any amounts expended or advanced as(xovlded In this para�raph,
<br /> shall not exceed the Credit Llmit as provided in the Credlt Agreement. Notwithstandin�the amount outstandlny at any particular time,
<br /> thls Deed of Trust secures the total Credit Agreement amount shown abo�e. �The unpaid Dalance of the revolvin�Ilne of credit may at
<br /> ceAafn rimes be lower than the amount shown or zero. A zero balance does not terminate Me Il�e of credR or termfnate Lender's
<br /> obllyatfon to advance funds to Grantor. Therefore,the lien of this Deed of Trust wlll remafn In full force and eftect notwfthstandln�any
<br /> zero balance.
<br /> Lea�e. The word lease"means any lease between Grantor and the Lessor of the Property.
<br /> Le�der. The word"Lende�'means NAFCO NE Federal Credit Union,its successors and assigns.
<br /> Personal Property. The words"Personal Property"mean all equipment,fixtures,and other articles of personal property now or hereafter owned
<br /> by Grantor,and now or hereatter attached or affixed to the Real Property;together with all eccessions,parts,and additions to,all replacements of,
<br /> and all substitutions for,any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums)hom any sale or other disposition of the Property.
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"section.
<br /> Related Documents. The words "Related Documents" mean and include without limitatio� all promissory notes, credit agreements, loan
<br /> egreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter
<br /> epsting,euecuted in connection with Grantor's Indebtedness to Lender.
<br /> Trustee. The word"Trustee"means the entity shown at the top of page one of this Deed of Trust.
<br /> THIS DEED OF TRUST AND, �F ANY,A SECURITY INTEREST IN THE PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE
<br /> INDEHTEDNESS AND (2)PERFORMANCE OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGREEMENT,TF�
<br /> RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEH AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> 3. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this
<br /> Deed of Trust as they become due, and shall sfictly and in a timely manner perform all oi Grantor's obligations under the LOANLINER�Home Equity
<br /> Plan Credit Agreement and this Deed of Trust
<br /> 4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
<br /> the following provisions:
<br /> Poaxssion and Use. Until the occurrence of an Event of Default, Grantor may (a) remain in possession and control of the Property, (b) use,
<br /> operate or manage the Property,and (c)collect any Rents hom the Property.
<br /> Duty to Maintain. Grantor shalt maintain the Property in tenantable condition and promptly perform all repairs and maintenance necessary to
<br /> preserve its value.
<br /> Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br /> remains a lien on the Property,used for[he generation,menufia�tur8,�t6rag8,treattnent,disp�et,retease or threatened retease of any hazardous
<br /> waste or substance, as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br /> amended,42 U.S.C.Section 9601,et seq.("CERCLA"),the Supertund Amendments and Reauthorization Act("SARA"),applicable state or Federal
<br /> laws,or regulations adopted pursuant to any of the foregoing. Grantor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Grantor
<br /> hereby (a)releases and waives any future claims egainst Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or
<br /> other costs under any such laws, and (b)agrees to indemnify and hold harmless Lender against any and all claims and losses resulting hom a
<br /> breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of
<br /> this Deed of Trust.
<br /> Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit, or suffer any stripping oi or waste on or to the
<br /> Property or any portion of the Property. Specifically without limitation,Grantor will not remove,or grant to any other party the right to remove,any
<br /> timber,minerals(including al and gas),soil,gravel or rock products without the prior written consent of Lender.
<br /> LMder's Rlght to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable dmes to attend to
<br /> Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compllence wfth Govemmental Requirements. Grantor shall promptly comply with all Iaws, ordinanCes, and regulations of all povernmental
<br /> authorities applicable to the use or occupency of the Property. Grantor may contest in good faith any suCh law, ordinance, or regulation and
<br /> withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing prior to dang so and
<br /> so Iong as Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate securiy or a surety bond,
<br /> reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts,in addition to those acts
<br /> set forth above in this seCtion,which hom the character and use of the Property are reasonably neCe558ry to proteCt 8nd preserve the Property.
<br /> 5. COMPLIANCE WITH LEASE. If there is a Lease on the Property,Grantor will pay all rents and will strictly observe and perform on e timely basis all
<br /> other terms, covenants, and conditions of the Lease. Grantor further agrees (a) not to surrender, terminete, or Cancel the Lee58, and (b) not to
<br /> modity, change, supplement, alter. or amend the Lease. either orally or in writing, withoui Lender's pnor written consent. No estate in the Property,
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