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DEED OF TRUST per` <br />i (ConUrWed) <br />Deedol TaHL The words Mead of TruSr mein thfs Dad of Trust among Grantor, Lander and Trustee <br />GrNAW. The word " G~ means any and all Persons and entitles ex&cuting this Deed of Trust. Any Grantor who signs this Deed of Taut. but <br />,done adl sign era Frain Agreament, is sigrtirg th9 Dead of Trust only to grant and Convey the Grantors interact M ft Red Property and to grant <br />f IWAV Inhered in Grink 's Interest in the PSMO ial Property to Lander and is not personally liable under the Credit AQaement except as <br />dhwWw provided by conlracl or law. <br />ilwpraraeaerNa. The wad 'hriprOwerrern>s' means and includes without limitation as existing and future imprawmsn% fhst fte, bukinga, <br />stru tune, mobile hOmeS aRomd on the Red Property. farAitie .Additioris and other Construction on tint Red Papery. <br />1 4-1 daeee. The word'lndebtedness" meens an pr►nCipai.>irid lrnterest payable under the Credt Agremmil and any amounts vipendad or <br />advetrad by Lando to dbaherge obligations of Grantor or ix *rwm Incurred by Trustee or Lender to enforce obligetil" at Grantor under this <br />Deed d Toast. together with iniwast on such amounts as provided in this Deed of Trust. BpeCNlra>y, wN hsui 1I1ntta om - (Ihie Oeed of Trull <br />secures a revolft ant of endtt, whleh obilgeltes Lender to mate Oman to Grantor so toes as Granter eompMs Wwl aft W& tertae all <br />the CreaK IlOa01 1 Such adrenoes arse be madder repaK and reetads from time b Nate, au"M to 9M MnNtdlore that ate told <br />-- atMeBendlehg balance owing at ant f one Nine. not Mteiudirg finance Charges on such its M a fhb or serle6se raft or cess as . , , <br />to Nfe CraAR AgnaeeM, cry fatgorary OwWOOM other charges, and any amounts expended or advanced le rprn Id In tins pwor -pit, <br />411110111 cot eat eed the Credit Lill as provided ft Credit Agrame nth <br />Nohetdil&Sahtattp 1111111141011011111111 antehndNq aft any paHfgYr tltne, <br />:_— _ _ -: - fla Odd d T+uM seorrrrn.ffre tefGf.t:rE�fEt a <br />arfele threw OR NW IM flue eshouttt stlown a aero. A sera bslerlea does not I 1 the Nne of all or 1enakma LMWS <br />orb w �b adyanIII MNIS to Granfor. TthanfelM ft Men of 00 Deed of That will fWAM In 00 force and effect rwlwllAagnding any <br />Lease. The wad "Leine" means any tease between Grantor and the Lassa of the Property, E <br />Lender. The word %enger means NAFCO NE Federal Credit Union, its successors and assigns <br />Peaend Properly. The words "Personal Propetty" mean all equipment. fnduras, and otter articles of personal property new Of hereafter owned <br />by GmW. and now or hereafter attached or affixed to the Rest Property. together with all wagsstons, parts. and additions to. d rsptecernerib d, <br />and M substitutions for, any Of such property; and together with aR proceeds rincluding without limitation an Insurance proceeds and refunds of <br />premiums) from any sate or other disposition of the Property. <br />RgPNly. The word'Propertyr means collectively the Real Property and the personal Property. <br />"ll t Werry. The words TW Property' mean the property, interests and rights described above in ft T;anveptrim and Graff section. - <br />Rdded DocanentL The words "Related Documents" mean and Include without lmitafon ate promissory notes, credit agreements. Ian <br />e9r1 errer>ts, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments and documents, whether now or hereafter <br />a teling, aacuted in connection with Grantees Indebtedness to Lender. <br />TruMN. The word Trustee' means the entity shown at the top of page one of this Deed of Trust <br />TMS D® OF TRZT AND, IF ANY, A SECURITY INTEREST IN THE PERSONAL PROPERF;Tlf.19 GIVEN TO SECURE (1) PAYMENT OF THE <br />INDMIEDtESS AND (Z) PERFORMANCE OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER TIE CREDIT AGREEMENT, THE <br />RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />a. PAYAENT AND PERFORMANCE. Except as othaiwlse provided in this Dead of Trust. Grantor shall pay to Lender a/ amounts secured by this <br />Deed of Trust as tiny become due, and shah strictly and in a timely manner Worm an of Grantors obligations under the LOANLINERO North E <br />Plan Credit Agreement and this Deed of Trust. Equity <br />a. POSSESSI M AND MAINMANCE OF THE PROPERTY, Grantor agrees that Grantor's possession and use Of the Property shat be governed by <br />the following provisions: F. — <br />5 " <br />Pbaseseb" SO U104. 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 />Duly to Mdntaln. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and maintenance necessary to <br />preserve its value. <br />Heasrdous Substanees. Grantor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust r: <br />remains a hen on the Property. used for the generation, manufacture, storage, treatment, disposal, release or threatened release at any hazardous <br />waste or substance, as those terms are defined in the Comprehensive Environmental Response. Compensation and Liability Act of 1960, as <br />amended, 42 U.S.C. Section 9601, of seq. ('CERCLA', the Superfund Amendments and Reauthorization Act ("SARA"), applicable slat@ or Federal , <br />laws. or regulations adopted pursuant to any of the foregoing. Grantor authorizes Lender and Its agents to enter upon the Properly to make such <br />inspections and tests as Lender may deem appropriate to determine compliance of the Property with the section of the Deed of Trust. Grants <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 an Claims and losses resulting from a <br />breech Of this paragraph of the Deed Of Trust. Thus obligation to tndemniy shen survive the payment of the Indebedneee and the satisfaction d <br />this Deed of Trust. . <br />*1111100, Waeee. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or surer any shipping of or waste on of to the <br />Property or any portion of the Property. Specifically without limitation, Grantor will not remove, or grant to any other parry the right to remove, any <br />timber, rtNnwab (including ON and gas), soil, gravel Of rock products yr IWI 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 cap reasonable fines to attend to <br />Lenders lnterfsb and to inspect the Property for purposes of Grantors compliance with the terms and conditions d this Dead of Trust. <br />COntpNenc9 with Gevemmental Requlremente..Grantor shall promptly Comply with all laws, ordinance, and regulations of all governmental <br />authorftiea applicable to the use or occupancy of the Property. Grantor may contest in good faith any sued law, ardinencf. a regulation and <br />wNhhold CompWsttCls outing any proceeding, including appropriate appeals, so tong as Grdr(W fins WNW Lender in mo g prlor to doing so and - - <br />sa tong a$ Lender's Interests in the Property are not Jeopardized. Lender may require Grantor to post adequate security or a surey bond, <br />reesonaby sathNefory to Lender. to protect Lender's interest. <br />Due 10Protsct, Grantor &graft neither to abandon new Nave unattended the Property. Grants Shall do IN other sets, In addition to those acts <br />sin ith fa above In this section, which from the ec <br />ch&raCter and use of the Property are reasonably necessary to protect and preserve the Property, <br />L COMPLIANCE WITH LEASE. If there is a Lem on the Property, Grantor will pay all rents and will strictly observe and perform on a timely basis all <br />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, ether orally or in writing, without Lender's prior written consent. No estate in the Property, <br />N� <br />tq <br />- I <br />