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' �,�4991 DEED OF TRUST Page 2
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<br /> Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender and Trustee.
<br /> Grantor. The word"Grantor"means any and all persons and entities executing this Deed of Trust. Any Grantor who signs this Deed oi 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 Prope�ty and to grant
<br /> a secunty interest in Grantor's interest In the Personal 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 ah existing and future improvements, fixtures, buildings,
<br /> structures, mobile homes affixed on the ReaY Property,facilities,additions and other construction on the Real Property.
<br /> Indebtedness. The word "indebtedness" means all pnncipal 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 Grantot under this
<br /> Deed of Trust, together with interest on suctT amounts as provided in this Deed oi Trust. SpeClflCaliy,without Ilmitetion, thls Deed of Trust
<br /> xcures a revolving line of credit,which obligates Lender to make edvances to G�antor so lonfl as Grontor complles with all the terms of
<br /> Me Credit Apreement. Such advances may be made, repaid, and remade trom time to tlme, sub�ect to the Ilmitatton that the total
<br /> outstandin�baiance owing at any one time,not includfng flnance charges on such balance at a fixed or variable rate or wm aa provided
<br /> in the Credit Agreement,any temporary overoges,other charges,and any amounts expended or advanced as provided In this paro�roph,
<br /> shall not exceed the Credit Umit as provided in the Credit Agreement. NOMrithstandin the amount outstandinp at�y pnrticular time,
<br /> this Deed of Trust secures the total Credit Agreement amount shown above. The unpa�d balance of the revolvin�Ilne of credit may at
<br /> cert�n dmes be lower than the amount shown or zero. A xro balance does not terminate Me Ilne of credit or terminate Lender's
<br /> obiisation to advance funds to Grantor. Therefore,the Iien of this Deed of Trust wlll remain in tull force and effect notwithstandin�any
<br /> ztro balenee. — -------
<br /> Leax. The word lease"means any Iease 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 personai property now or hereafter 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 irisurance proceeds and refunds of
<br /> premiums)from 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 GranY'section.
<br /> RNated Documents. The words 'Related Documents" mean and incfude without limitation all promissory notes, credit agreements, loan
<br /> agreements, guarantles, security agreements, mortgages, deeds of trust, and all other instruments and dxuments, whether now or hereafter
<br /> ebsting,executed 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, IF ANY, A SECURITY fNTEREST IN THE PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF TFIE
<br /> INDEHTEDNESS AND (2) PERFORMANCE OF EACli AGREEMENT AND OBLIGATION OF GRANTOR UNDEA THE CREDIT AGREEMENT,THE
<br /> RElATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> 3. PAYMENT AND PEAFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender afl 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 Credft 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 /> Posxssion and Use. Until the occurrence of an Event of Default, Grantor may (a) remain in possession and conhol 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 Properry 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, Compensallon 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 /> inspecrions 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 cfeanup or
<br /> other costs under any such laws, and (b)agrees to indemnify and hold harmless Lender against any and all claims and losse5 resulting from a
<br /> breach of t�is paragraph of the Deed of Trust. This obligation fo indemnify shall survive the payment af the�ndebtedness and the satlsfaction of
<br /> this Deed of Trust.
<br /> Nulsance, Waste. Grantor shall not cause,conduct or permit any nuisence nor commit,permit, or suffer any sfipping oi o�waste on or to the
<br /> PropeRy or any poRion 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 Rlght to Enter. Lender and its agents and representa6ves may enter upon the Real Property at all reasonable tlmes to attend to
<br /> Lender's interests and to inspect the Property for purposes of Grantors compliance with the terms end conditions of this Oeed of Trust.
<br /> Compllance with Governmental Requlrements. Grantor shall promptly comply with all laws, ordinances,and regulations of all flovernmental
<br /> authonties 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 prxeeding,including appropriate appeals,so long as Grantor has notified Lender in wri6ng 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 Lender,to protect Lender's inte�est.
<br /> Outy to Proteci. 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 presarve the Property.
<br /> 5. COMPLIANCE WITH LEASE. If there is a Lease on the Property,Grantor will pay all rents and will strictfy 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 /> modliy, chango, suGDlement, alter. or amend !he L2252. °1th?r orany or in writing, with0ut �en�er'S pno� wn!?en Con52nt. No estdte in the Property,
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