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<br /> y � 1 � � 2''7 � DEED OF TRUST Page 2
<br /> (Continued)
<br /> Deed oi Trust. The words"Deed of TrusP mean this Deed of Trust among Grantor,Lender and Trustee.
<br /> Grantor. The word"Granto�"means any and ail 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 /> a security interest in Grantor'S interest in the Personal Property to Lender and is noi personally liable under the Credit Agreement exoept as
<br /> otherwise provided by contract or Iaw.
<br /> Improvements. The word "Improvements" means and includes without limitaiion 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. SpeCfflcally,wlthOUt limltation, thl8 Deed Of Trust
<br /> securts a revolvinp One of credit,which obliyates Lender to mdce advances to Grantor so lonp as Grantor complies wKh all the terms of
<br /> the Credit Apreement. Such advances may be made, repafd, and remade trom tlme to tlme, subject to Me limltatlon that the total
<br /> outstandinp balance owing at any one time,not includiny finance char�es on such balance at a flxed w varlable rate or sum aa provfded
<br /> in the Credit Ayreement,any temporary overapes,other char9es,and any amounts expended or advanced as provided in Mis parayreph,
<br /> shall not exceed the Credit Limit as provided in the Credit Agreement. Notwlthstandiny the amounf oWstandfnp at any partkul�time,
<br /> this Deed of Trust secures the total Credit Agreement amount shown above. The unpeid Delence of the revolviny line of credft may at
<br /> certafn dmes be lower then the amount shown or zero. A nro balance does not terminate Me Ilne ot credlt or termfnate Lender's
<br /> obllyatfon to edvance funds to Grantor. Therefore,the lien of this Deed of Trust wlll remein fn full force and effect notwlthstandiny eny
<br /> zero balance.
<br /> Les.le. The word"Lease"means any lease 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 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 hereaiter attached or affixed to the Real Property;together with all accessions,parts,and additions to,all replecements 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)trom any sale or other disposition of the Property.
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Red Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and GranY'section.
<br /> Releted DoCUments. The words "Related Documents" mean and include without limifation all promissory notes, credit agreements, loan
<br /> agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereatter
<br /> exisfing,executed in connection with Grantor's Indebtedness to Lender.
<br /> Trustee. The word'Trustee"means the entity shown at the top ot page one of this Deed oi 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 IS 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 pertorm 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 following provisions:
<br /> Possession end Uee. Until the occurrence of an Event oi Default,Grantor may (a) remain in possession and control of the Property, (b) use,
<br /> operete 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 maintenanoe 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 rele8se of any hazardous
<br /> waste or substance, as those terms are defined in the Comprehensive Environmental Response, Compensetion 8nd Liability ACt of 1980, as
<br /> amended,42 U.S.C.Section 9601,et seq. ("CERCLA"),the Supertund Amendments and Reauthonzation 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 PropeRy to make such
<br /> inspeCtions and tests as Lender may deem appropriate to determine Compliance of the PropeRy 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 deanup or
<br /> other costs under any such laws, and (b)agrees to indemnify and hold harmless Lender against any and all claims and 1o55es resumnp hom a
<br /> breach of this paragraph of the Deed of Trust. This obligation to indemni}y shall survive the payment of the Indebtedness and the s8tisfaction 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 w85te on or to the
<br /> PropeRy or any portion of the Property. Specifically without limitation,Grantor will not remove,or grant to any other party the nght to remove,8ny
<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 representaHves may enter upon the Real Property at all reasonable 6mes to attend to
<br /> Lender's interests and to inspect the PropeRy for purposes of Grantor's compliance with the terms and conditions of this Deed oi Trust.
<br /> _ Compliance with Govemmental Requirements. Grantor shall prompdy comply with all laws, ordinanoas,and repulations of all povernmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor mey contest in good taith any such law, ordinance, or regulation and
<br /> withhold complianoe dunng any proceeding,including appropriate appeels,so long as Grantor has notified Lender in wridng prior to dang so and
<br /> so long as Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate securily 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 unatlended the Property. Grantor shalF do all other acts,in addition to those aCts
<br /> set torth above in this secNon,which trom the character and use of the Property are reasonably necessary to protect and preserve the Property.
<br /> 5. COMPLIANCE WITH LEASE. If there is a Lease on the Property,Grantor will pay all rents and will strictly obsenre and perform on a timely basis all
<br /> other terms, covenants, and conditions of the Lease. Grantor turther agrees (a) not to surrender, terminate, or cancel the Leese, 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 est8te in the Property,
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