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DEED OF TRUST Page .2, <br />200002843 (Continued) <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender and Trustee. <br />Grantor. The word "GrgrWtor", means any and all. persons and entities executing this Deed of Trust. Any Grantor who signs this Deed of Trust, but <br />isAigning this -Deed of Trust only to grant and convey <br />does not sign the Credit that Grantor's interest in the Real Property and to grant <br />a security interest in Grantolf s ihtAst.in the, Persona'I Property to Lender and is not personally 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 'Indebtedness" means all principal and interest payable under the Credit Agreement and any amounts expended or <br />advanced 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. Specifically, without limitation, this Deed of Trust <br />secures a revolving line of credit, which obligates Lender to make advances to Grantor so long as Grantor complies with all the terms of <br />the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the total <br />outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided <br />in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided In this paragraph, <br />shall not exceed the Credit Limit as provided in the Credit Agreement. NoN.111 iptand(ng the amount outstanding at any particular time, <br />this Deed of Trust secures the total Credit Agreement amount shown above.. 11lie unp81id;b&JACefot1he revolving line of credit may at <br />certain times be lower than the amount shown or zero. A zero balance does not terminate the line of credit or terminate Lender's <br />obligation to advance funds to Grantor. Therefore, the lien of this Deed of Trust will remain in full force and effect notwithstanding any <br />zero balance. <br />Lease. The word lease" means any lease between Grantor and the Lessor of the Property. <br />Lender. The word "Lender" 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 propVty niow or hWeafter owned <br />by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, 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) from any sale or other dispcsition of the Property. <br />Property. The word "Property' means collectively the Real Property and the Personal Property. <br />Real Property. The words "Real Prooerty' 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 limitation all promissory notes, credit agreements, loan <br />agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter <br />existing, executed in connection with Grantor's Indebtedness to Lender. <br />Trustee. The word "Trustee' means the entity snown at the top of page one of this Deed of Trust. <br />THIS DEED OF TRUST AND, IF ANY, A "SECURITY INTEREST IN THE PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE <br />INDEBTEDNESS AND (2) PERFORMANCE OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGREEMENT, THE <br />RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST 1S GIVEN 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 strictly and in a timely manner perform all of Grantor's obligations under the LOANLINERO Home Equity <br />Ptan,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 />Possession 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 from the Property. <br />- Duty to Maintain. Grantor shall 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 the generation, manufacture, storage, treatment, disposal, release or threatened release 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 Section 5501, et seq. ("CERCLA7, the Superfund Amendments and Reauffionia ion t CSARA"),7appilcabte stair or Federal <br />taws, 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 against 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 indemnity and hold harmless Lender against any and all claims and losses resulting from a <br />breach of this paragraph of the Deed of Trust. This obligation to indemnity 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 of 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 oil and gas), soil, gravel or rock products without the prior written consent of Lender. <br />Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times 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 />Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations of all governmental <br />authorities applicable to the use or occupancy 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 doing so and <br />so long as Lender's interests in the Property are not jeopardized. Lender may require Grantor to past adequate security or a surety bond, <br />reasonably satisfactory to Lender, to protect Lenders 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 from the character and use of the Property are reasonably necessary to protect and preserve the Property. <br />S. COMPLIANCE WITH LEASE. If there is a Lease on the Property, Grantor will pay all rents and will strictly observe and perform on a timely basis all <br />II other terms, covenants, and conditions of the Lease. Grantor further agrees (a) not to surrender, terminate, or cancel the Lease, and (b) not to <br />modify, change. supplement, alter. or amend the Lease, either orally or in writing, without Lender's prior written consent. No estate in the Property, <br />