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99 109 ? �� .
<br /> , DEED OF TRUST Page 2
<br /> (Continued)
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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"Granto�'means any and all persons and entities executing this Deed of Trust. Any Grantor who signs this Deed of Trust,but
<br /> dces not sign the Credit Agreement, is signing lhis Deec�of Trust only to grant and co,nvey that Grantor's interest in the Reaf Property and to grant
<br /> a secunty interest in Grantor's interest in the PersonaFT Property to Lender and is not p6rsonally liable under the Credil Agreement except as
<br /> otherwrse provided by contract or law. �
<br /> Improvements. The word "improvements" means and includes without limitation all�existing and future improvements, fixtures, buildings,
<br /> structures,mobile homes affixed on the Reah Property,facilities,additions and other constr�ction on the Real Property.
<br /> Indebtedness. The word "indebtedness" means all piincip�l and interest;payable undef the Credit Agreement and any amounts expended or
<br /> advanced by Lender to discharge obligations of Grantbr or expenses incurred by Tcuste�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 Trusl. SpeCiHCally,without Ilmltatlon, thls Deed of Trust
<br /> xcures a revolving Ifne of credit,which obligates l.ender to make advances to Grantor so lony as Gronto�complks wtth all the temis of
<br /> the Credlt Ayreement. Such advances may,,be made, repaid, and remade hom tlme to time, subJect to the Ilmltatton that the total
<br /> outstandiny belance owing at nny one time,nof including flnance charges on such balance at a tixed or variable rate or sum as provided
<br /> in the Credit Agreement,any temporory overages,other charges,and any amounts expended or advanced as provided in this paropreph,
<br /> shall not exceed the Credit Limit as provided in the Credit Agreement. Notwithstandiny the amount outstandinp at any pa�ticular time,
<br /> Mis Deed of Trust secures the total Credit Agreement amount shown above. The unpald Daiance of the revolvin9 Ilne of credft may at
<br /> certnin times be lower the�the amount shawrt of zera. A z=ro bala�ce does not termiaate tAe Ilne o( credit nc terminate lender's
<br /> obUyatfon to adva�ce funds to Grantor. Therefore,the lien of this Deed of Trust wilt remain in full force and effect nohvlthstandin9 any
<br /> zero balance.
<br /> Leax. The word'Lease"means any lease between Granfor and the Lessor of the Property.
<br /> Lender. The word�ender"means NAFCO NE Federal Credit Union,its successors and assig�s.
<br /> Personal Property. The words"Personal Property"mean al�equipment, fixtures,and other articles of personal property now or hereatter owned
<br /> by Grantor,and now or hereafter attached or affixed to the Real Property;together with all accessions,parts,and additions to,all replacemenls 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)hom 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 /> Refated Documents. The words 'Related Documents" mean and include without limitation alI promissory notes, credit agreements, loan
<br /> agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter
<br /> e�dsting,executed in Connecfion 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 /> INDEHTEDNESS AND (2)PEAFORMANCE 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 FOLLOW�NG TERMS:
<br /> �. PAYMEIiT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor Shall pay to Lender 811 amount5 secured by this
<br /> Deed of Trust as they become due, and shall strictty and in a timely manner perform all oi Grantor's obligations under the LOANLINEA� Home Equity
<br /> Plan Credit Agreement and this Deed of Trust.
<br /> �. 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 Ux. 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 Maintnin. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and maintenance necessary to
<br /> preseroe iis value.
<br /> Hazardous Substances. �rantor 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,heatment,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 of 1980, as
<br /> amended,42 U.S.C. Section 960t,et seq. ("CEACLA"),the Superfund 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 /> inspections and tests as Lender may deem appropriate to defermine 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 cleanup or
<br /> ot�er costs under any such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting hom a
<br /> breach of th�s paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of
<br /> this Deed of TruSt.
<br /> Nulsance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit, or suffer any sfipping of or waste on or to the
<br /> Property 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 wntten consent of Lender.
<br /> Lender's Rlght to Enter. Lender and its agents and representadves may enter upon the Real Property at all reasonable dmes to attend to
<br /> Lender's interests and to inspect the Property for purposes of Grantors compliance with the terms and conditions of this Deed of Trust.
<br /> Compllance wlth Governmental Requirements. Grantor shall promptly comply with all laws, ordinances,and reyulations of aU qovernmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regula6on and
<br /> withhold compliance during any prxeeding,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 e surety bond,
<br /> reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Grentor 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 rent5 and will strictly observe and perform on e timely basis all
<br /> other tefms, covenants, and conditions of the Lease. Grantor further agrees (a) not to surrender, terminate, or cancel the Lease, and (b) not to
<br /> ^�cCifv, charqe. suoolement. a't2r. or amend ?he :.ease. e�t^er �rallv or in wnting, without Len�er's pnpr writte� consent. Ne estate in the Prooerty,
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