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9 9„ i;���a��f' '; DEED OF TRUST Page 2
<br /> ' (Continued)
<br /> Deed of Trust. The words"Deed of Trust"mean this Deed oi Trust among Grantor,Lender and Trustee.
<br /> Grantor. The word"Grantor"means any and all persons and entities exeCUting this Deed oi Trust. Any Grantor who signs this Deed of Trust,but
<br /> dces 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 as
<br /> otherwlse provided by contract or law.
<br /> Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, fixtures, building5,
<br /> shuctures,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 Grentor under this
<br /> Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. SpeCiHCelly,without Ifmitation, thls Deed of Trust
<br /> secures a revolving line of credit,which obligates Lender to make advances to Grantor so lon�as Grantor complies with all the terma of
<br /> the Credit Apreement. Such advances may be made, repaid, and remade trom tfine to time, aubkct to Me limltatlon that the total
<br /> outstandinp balance owing at any one time,not including finance charges on such balance at a flxed w variable rate or sum as provfded
<br /> in the Credit Apreement,any temporary overages,other charges,and any amounts expended or advanced as provided In thfs para�reph,
<br /> shall not exceed the Credlt Limit as provided in the Credit Agreement. Notwithstandiny the amount outstandiny at any partkular time,
<br /> Mfs Deed of Trust secures the total Credit Agreement amount shown above. The unpald Dalance of the revolvfny line of credlt may at
<br /> certafn rimea be lower than the amount shown or zero. A zero balance does not terminate tAe Ilne ot credft or terminate Lender's
<br /> obliyetfon to advance funds to Grontor. Therefore,the lien af this Deed of Trust wlll rcmafn fn fult force and eftect notwlthstandiny any
<br /> zero balence.
<br /> Leax. The word"Lease"means any lease between Grantor and the Lessor oi 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 personal property now or hereafter owned
<br /> by Grantor,and now or hereafier attached or affixed to the Real Property;together with all a�sions,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 and refunds oi
<br /> premiums)hom 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 properry,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 egreements, loan
<br /> agreements, guaranties, secunty agreements, mortgages, deeds ot trust, and all other instruments and documents, whether now or hereatter
<br /> existing,executed in connection with Grantor's Indebtedness to Lender.
<br /> Trustee. The word"Trustee"means the entity shown at the iop of page one of 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 sha�l pay to Lender all amounls 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 following provisions:
<br /> Posxssfon 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 Mafntain. Grantor shall maintain the Property in tenantable condition and promptty perform all repairs and maintenance necessary fo
<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, menufacture,storage,treatment,disposal,release or threatened release of any hazardous
<br /> waste or substence, as those terms are defined in the Comprehensive Environmental Response, Compensetion and Liabiliry Act of 1980, as
<br /> amended,42 U.S.C. Section 9601,et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act("SARA"),applicable state or Federal
<br /> laws,or regulations adopted pursuant to eny of the foregoing. Grantor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections 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 tor indemnity or contribution in the event Grantor becomes liable for 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 resultinp trom a
<br /> breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness end the satisfaction of
<br /> this Deed of Trust.
<br /> Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit, permit, or suffer any strippinp of or wa5te on or to the
<br /> Property or any portion of the Property. Specifically without Iimitation,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 con58nt of Lender.
<br /> Lender'a Right to Enter. Lender and its agents end representatives may enter upon the Real PropeAy at all 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 of this Deed oi Trust.
<br /> Complfance wfth Governmental Requfrements. Grantor shall prompdy comply with all Iaws, ordinances, and repulaHons oi all povernmental
<br /> authorities appllcable to the use or occupancy of the Property. Grantor may contest in good taith any such lew, ordinance, or regulation flnd
<br /> withhdd complience during any proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing 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 security 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 unattended the Property. Grantor shell do all other acts,in addi6on 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 and 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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