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9 9t �O"�4 �2 DEED OF TRUST Page 2
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<br /> Deed of Trust. The words"Deed ot 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 ot Trust only to grant and convey that Grantor's interest in the Real Property and to grant
<br /> s security interest in Grantor's interest in the Personal Property to Lender and is not person811y liable under the Credit Agreement exCept as
<br /> otherwise provided by contract or Iaw.
<br /> Improvements. The word "Improvet�ents" means and includes withouf limitation all existing and future improvements, fixtures, buildings,
<br /> structures,mobile homes affixed on th�.,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 obtigations of Grantor or expenses incurred by Trusfee 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. SpeCiifCelly,wlthout limltation, thls Deed of Trust
<br /> xcures a revolving Ifne of credit,which obligates Lender to make edvances to Grantor so lony as Grantor complies wRh all the terms of
<br /> the Credit Apreement. Such advances may be made, repaid, and remede hom tfine to ttme, subJect to the IImltMion that the total
<br /> outstandinp balance owing at any one time,not including finance charpes on such balance a!a flxed or varfabte rote or sum as provlded
<br /> in the Credit Agreement,any temporary overoges,other charges,and any amounts expended or advenced as provided In this parayraph,
<br /> shall not exceed the Credit Limit as provided in the Credlt Agreement. NoMrithstandiny the amount outatandiny at any perticul�time,
<br /> this Deed of Trust secures the total Credlt Agreement amount shown above. The unpeid bdance of the revolviny Ilne ot credft may at
<br /> certaln rimes be lower than the amount shown or zero. A zero belance does not terminate the Ifne of credit or termfnete Lender's
<br /> oblipation to advance funds to Grantor. Therefore,the lien of this Deed of Trust wtll remain in full force and effect notwithstandiny any
<br /> zero balance.
<br /> Lease. The word"Lease"means any lease between Grantor and the Lessor of the Properfy.
<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 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 substituHons for,any of such property; and together with all proceeds (including without limitation all insurance procc�eds 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 /> Real Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"section.
<br /> Releted Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loen
<br /> agreements, guaranties, security agreements, mortgages, deeds of trusi, 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 shown at the top of page one oi 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 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 perform all of Grantor's obligations under the LOANLINER�Home Equity
<br /> Plan Gedft Agreement and this Deed of Trust.
<br /> 4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor egrees that Grantor's possession and use of the Property shall be governed by
<br /> the followin9 provisions:
<br /> Possessfon and Use. Until the occurcence 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 oi 1980, as
<br /> amended,42 U.S.C.Section 9601,et seq. ("CERCLA"),the Supertund Amendments and Reauthorization Act("SARA"),applicable state or Federel
<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 /> ir�spections 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 deanup or
<br /> other costs under any such laws, and (b)agrees to indemnify and hold harmless Lender 8gainst flny and all claims and losses resultinp from 8
<br /> breach of this paragraph of the Deed of Trust. This obligation to indemni}y shall survive the payment of the Indebtedness and the 58tist8Ction of
<br /> this Deed of Trust.
<br /> Nuisence,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 poRion of the Property. Specifically without limitation,Grantw 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 wntlen consent of Lender.
<br /> Lender'a Right to Enter. Lender and its agents and representatives may enter upon the Real Property af alI 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 oi this Deed of Trust.
<br /> Compliance wtth Governmental Requfrements. Grantor shall prompdy comply with all laws, ordin8nce5,and repulations oi all povernmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor may contest in good taith any such taw, ordinance, or regulation and
<br /> withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing prior to dang so and
<br /> so long es Lender's interests in the Property are noi jeopardized. Lender may require Grantor to post adequate security or a sureH bond,
<br /> reesonably satisfactory to Lender,to protect Lender's 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 /> 5. COMPLIANCE WITH LEASE. If there is a Lease on the Property,Grantor will pay all rents end 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, either orally or in writing, without Lender's prior written consent. No estate in the Property,
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