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�;, ��'s-��3�9�j DEED OF TRUST Page 2
<br /> '�3= (Continued)
<br /> Deed of Trust. The words"Deed of�rust"mean thls Deed of Trust among Grantor,Lender and Trustee.
<br /> Grantor. The word"Grantor"means any and ali persons and entities executing ,his Deed of Trust. Any Grantor who signs this Deed of Trust,but
<br /> does not sgn the Credit Agreement, is signing this Deed of Trust only to grant and convey that Grantor's interest in the Real Property and to grent
<br /> a secunty interest in Grantor's interest in the Personal Property to �ender and is not personally liable under the Credit Agreement except es
<br /> otherwrse provided by contract or law.
<br /> Improvements. The word "Improvements" means and inciudes without limitation all existing and future improvements, fixtures, buildings,
<br /> structures, mobite homes affixed on the Real�Property,facilities,additions and other construction on the Real Property.
<br /> Indebtedness. The word "tndebtecness" means all principal and interest payable under the Credit Agreement and any amounts expended or
<br /> advanced by tender to discharge obiigations of Grantor or expenses incurred by Trustee or Lender to e�ithoutllmitatiOn�thls nDeed of T trust
<br /> Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. SpeCiflCalty,
<br /> secures a revolving Ilne oi cr�dit,which obligates Lender to madce advances to Grantor so lony as Grantor complles wtth ali the tertna oi
<br /> the Credlt Aflreement. Such advances may be made, repaid, and remade trom tfine to time, wbject to the Ilmitatlon that the totel
<br /> outstandlnp balance owing at any one time, not including tinance charges on such balance at a fixed or varfable rote or sum as provided
<br /> in the Credit Agreement,any temporary overages,othe�charges,and any amounts expended o�edvanced as Provlded In thls parayraph,
<br /> shall not exceed the Credit Limit as provided in the Credit Agreement. Notwithstandiny the afmount outsta�d��9 at anY Particutar time,
<br /> thia Deed of Trust secures the total Credit Agreement amount shown above. The unpald baiance of the revolviny IInE of credft may at
<br /> pb il gatnfonmto advanceefunhds to Gran o1rntThereforer ther�en of th g ba�aen�cof Trust will rcrnainain fu I fo�ce and efffectrnotwlthstnnd n�any
<br /> zero balance.
<br /> Leax. The word'Lease"means any tease between Grantor and the Lessor of the Property.
<br /> Lender. The word"Lende�'means NAFCO NE Federal Credit Union,its successors and assigns.
<br /> Personal Propert}r. The WorCs"Personai Property" mean all equipment, fi�ctures,and other articles of personal property now or hereafter owned
<br /> by Grantor,and now or hereafter attacned or affixed to the Real Property;together with all accessions,parts,and additions to,all replacements of,
<br /> and all substitutiorts for, any of such prooerty; and together with all proCeeds (including without limitation all insurance proceeds and retund5 of
<br /> premiums)from any 5ale or other disoosition of the Prope�y•
<br /> Property. The word"Property"means collectively the Real Property and the Personai Property.
<br /> Rea!Pr�peRy. The words"fleal Prcperty'mean the property,interests and rights described above in the"Conveyance and Grant"section.
<br /> Refate�d Documents. The worCs '�eiated Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreement5, guaranties, seCUrity agreements, mortgages, deeds of trust, and a�l other instruments and documenfs, whether now or hereafter
<br /> existing,executed in Connection with Grantor'S Indebtedness to Lender.
<br /> Trustee. The word'Trustee"means t�e entity shown at the top of page one of this Deed of Trust.
<br /> TFi1S DEED OF TRUST AND, IF ANY, A SECURITY INTEAEST IN THE PERSONAL PROPERTY, IS GIVEN TO SECIJRE (1) PAYMENT OF THE
<br /> INDEHTEDNESS AND (2) PERFORMANCE OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGAEEMENT,THE
<br /> RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> �. PAYMENT AND PEAFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to �ender 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 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 tollowing provisions:
<br /> Posxsslon and Use. Until the occurrence of an Event of Default, Grantor may (a) remain in possesslon and control of the Property, (b) use.
<br /> operaie or manage the Property,and �c)collect any Rents hom the Property-
<br /> Duty to Maintnin. Grantor shali mainta�n the Pr^per!y in ten2ntable condition znd promptly perform sll repairs and mainlenance necessary to
<br /> preserve its value.
<br /> Hazsrdous 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,reteese 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.C. Sectfon 960t,et seq. ("CERCLA"),the Superfund Amendments and Reauthonzation ACt("SAAA"),apPliCabie state or Federal
<br /> laws, or regulations adopted pursuant to any of the foregoing. Grantor authorizes�ender and its agents to enter upon the Property to make such
<br /> inspections and tests as Lender may deem appropnate to determ�ne compliance of the Properry with this section of the Deed of Trust. Grantor
<br /> hereby (a)releases and waives any future ctaims against Lender for indemnity or contnbution in the event Grantor becomes liable tor 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. Th�s obligation to indemnify shall survive the payment of the Indebtedness and the satisfaCtion of
<br /> this Deed ot Trust.
<br /> Nuisance, Wnste. �rantor shall not cause, conduct or permft any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
<br /> Property or any portion of t�e Property. Specifically without limitation,Grantor will not remove, or grant to any other party the nght to remove,any
<br /> timber, minerals(including oil and gas),soil,gravel or roCk products without the prior wntten consent of Lender.
<br /> Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property et all reasonable times to attend to
<br /> Lender's interests and to inspect the Praperty for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compllance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulatlons of all govemme�tal
<br /> authonties applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, adinance, or regulation and
<br /> withhold compliance during any proceeding,including appropnate appea�s,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 post adequate security or a surety bond,
<br /> reasonably satisfactory to l.ender,to protect Lender's interest.
<br /> Dury to Protec2. Grantor agrees ne�ther to abandon nor leave unattended the Property. Grantor shall do ali other acts,in addition to thosa acts
<br /> set torth above in this section,which from the character and use of the Property are reasonabiy necessary to proteCt and pre5erve the Property
<br /> 5. COMPLIAHCE W ITH LEASE. If the�e is a Lease on the Property,Grantor wiil pay all rents and will striCtly observe and perform on a timely basis all
<br /> �_..o. �orr.,� ��.,or,�ntc an�! r�n�+.il!r.na :^.f �he Leasz. Grartor fUffhB� d9�2°S (81 f70� 10 SUR2nG�8�, terminate. or cance� the LeaSe^ and (b) �Oi �0
<br /> . � ., �ti,, c.��ortv
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