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9 9 10 9�b 2;5r �� �;�; � r-" DEED OF TRUST Page 2
<br /> (Continued)
<br /> Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender and Trustee.
<br /> Grantor. The word"Granto�'means any and all persons and entities executing this Deed oi 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 not personally liable under the Credit Agreement except 8s
<br /> otherwise pro�ded by ContraCt or Iaw.
<br /> Improvements. The word "Improvements" means and includes withoul limitation atl 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. Specificatly,wlthout limftation, this Deed Of Trust
<br /> secures a revolving line of credit,which obligates�ender to make advances to Grantor so lonp as Grantor complies wtth all the terma oi
<br /> the Credlt Ayrcement. Such advances may be made, repaid, and remede trom timt to time, subject to the limitetfon that the totel
<br /> outstandinp balence owin�at any one time,not including finance charges on such balance at e flxed or veriable rate or sum as provfded
<br /> in the Credit Agreement,any temporory overages,other charpes,and any amounts expended or edvanced as provided In thfs paroyreph,
<br /> shatl not exceed the Credlt Limit as provided in the Credit Agreement. Notwithstandins the amount outstandinp at eny particular time,
<br /> this Deed of Trust secures the total Credit Agreement amount shown above. The unpald balana of the revolvinp line of credlt may at
<br /> certaln tlmes be lower than the amount shown or zero. A xro Dalance aoes not terminate the Ilne of credit or terminatt Lender's
<br /> obli�ation to edvance funds to Grantor. Therefore,the lien ot this Deed ot Trust wlll remain In tull torce and etfect notwfthstandlnp any
<br /> zero balance.
<br /> Leax. 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 atl equipment,fixtures,and other articles of personal property now or hereafler 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 insurance proceeds end refunds of
<br /> premiums}from any sale or other disposition of the Property.
<br /> Property. The word"Property"means cotlectively 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 Grant"section.
<br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loen
<br /> agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter
<br /> exisfing,executed in connection with Grantor's Indebtedness to Lender.
<br /> Trustee. The word'Trustee"means the entiry shown at the top of page one of this Deed of Trust.
<br /> THIS DEED OF TRUST AND, IF ANY, A SECUR(7Y 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 AGREEMEFIT,Th�
<br /> RELATED DOCUMENTS,AND THtS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN ANO 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 es 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. POSSESSIOH AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use oi the Property shatl be governed by
<br /> the following pro�sions:
<br /> Possession 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 hom the Property.
<br /> Duty to Maintain. �rantor 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,siorage,treatment,disposal,release or threatened release of any hazardous
<br /> waste or substence, as those terms ere defined in the Comprehensive Environmental Response, Compensation 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 authonzes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests as Lender may deem appropnate 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 Iiable 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 losses resuttinp from a
<br /> breech of thls paragraph of the Deed ot Trust. This obl�gation to indemnity shall survive the payment of the Indebtedness and the satistactlon of
<br /> this Deed of Trust.
<br /> Nuisance, Waste. Grantor shall not cause, conduct or permit any nwsance nor commit, permit, or suffer any stripping oi w waste on or to the
<br /> Property or any portion of the Property. Speeificalty without limitation,t;rantor will not remove,or grant to any other party the nght to remove,any
<br /> timber,minerats(including oil and gas),soil,gravel or rock products without the prior written consent of Lender.
<br /> Lender's Right to Enter. Lender end 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 Property for purposes of Grantor's compllance with the terms and conditions of tha Deed oi Trust. .
<br /> Complfanct wlth Governmental Requirements. Grantor shall promptly comply with all laws, ordinanoes, and regulatiorts of all povernmenta�
<br /> authorities appt�cable to the use or occupancy ot the Property. Grantor may contest in good faith any such law, ordinance, or regulation and
<br /> withhold compliance during any proceeding,including appropnate appeals,so long as Grantor has notified Lender in writing pnor to dang so and
<br /> so long as Lender's interests in the Property are not jeopardized. Lender may require Granior to post adequate security or a surety bond,
<br /> reasonably satisfactory to Lender,to protect Lender's interest. •
<br /> Duty to Protect. Grantor aerees 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 hom 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 observe and perform on a timely basis all
<br /> other }errrn, 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 t�e Property,
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