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9 9 10 9 2 7 4 DEED OF TRUST Page 2
<br /> (Continued)
<br /> Deed of Trust. The words"Deed of Trust"megn�this Deed of Trust among Grantor,Lender and Trustee.
<br /> GraMor. The word"Grantor"means any and a�l 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 inierest in the Real Property and to grant
<br /> a security interest in Grantor's interest in the Personal Property fo Lender and is not personelly liable under the Credit Agreement except as
<br /> otherwise provided by COntrBCt 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,tacilities,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. SpeCIHCeIIy,without Ilmltation, thi8 Deed oi Trust
<br /> xcures p revc�lyip�ytne o}credit,which obligates Lender to make edvances to Grantor�o lony as Grantor complies with all the tertna oi
<br /> the CFedR Apfeehie�St. SUch�advances may be made, repaid, and remadt trom time to tfine, subject to the Ifmltation that the total
<br /> outstandiny balance owing at any one time,not including finance char�es on such balance at a ifxed or variable rate or aum aa provlded
<br /> in the Credit Ayreement,any temporary overoges,other charyes,and any amounts expended or edvanced aa provided In thls pnreyraph,
<br /> shall not exceed the Credit Limit as provided in the Credlt Apreement. Notwithstandiny the amount outstandlnp M any particular time,
<br /> thls Deed of Trust secures the total Credit Agreement amount shown above. The unpald balance of the revolvinp Ilne of credR may at
<br /> certMn tlmes be lower than the amount shown or zero. A zero balance dxs not terminate the Itne of credit or termfnMe Lender's
<br /> obliyetion to advance funds to Grantor. Therefore,the lien of this Deed of Trust wlll rtmain fn futl force and etfect notwlthstandfny any
<br /> zero belance.
<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 all equipment,fixtures,and other articles of personal propeRy now or hereafter owned
<br /> by Grantor,and now or hereafter attached or affixed to the Real Property;together with all accessior�s,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 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 /> Reel PropeAy. 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 limitation all promissory notes, credit agreements, loen
<br /> egreements, guaranties, security agreements, mortgages, deeds of trust, 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 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 FOLLOWtNG TERMS:
<br /> 3. PAYMENT ANO PERFORMANCE. Except as othervvise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this
<br /> Deed oi 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 MAtNTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the PropeRy shall be governed by
<br /> the following provisions:
<br /> Poaxasfon and Use. Until the occurrence 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. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and maintenance nec�ssary to
<br /> preserve its value.
<br /> Hezardous Substances. Grantor represents and waRants 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 hazerdous
<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 9601,et seq. ("CERCLA"),the Supertund Amendments and Reauthorization Act("SARA"),epplicable 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 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 liable for deanup or
<br /> other costs under any such laws, and (b)egrees to indemnify and hold harmless Lender against any and all claims and losses resultinfl from a
<br /> breech ot this paragraph of the Deed of Trust. This obligation fo indemnify shall survive the payment of the Indebtedness and the satisfaction of
<br /> this Deed of Trust.
<br /> Nulaence,Weste. Grantor shall not cause,conduct or permit any nuisance nor commit, permit, or suffer any stnpping of or waste on or to the
<br /> Property or any poRion of the Property. SpeciBcally without limitation,Grantor will not remove,or grent to any other parfy the rigM to remove,any
<br /> timber,minerals(including oil and gas),soil,gravel or rock products without the prior wntten conseM of Lender.
<br /> Lender's Right to Enter. Lender and its agenls and representatives may enter upon the Real Properfy et all reasonable times to adend to
<br /> Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed ot Trust.
<br /> Compliance wlth Governmental Requfrements. Granbr shell promptly comply with all laws, ordinances,and repula6ons ot all povemmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any suCh lew, ordinence, or regulation and
<br /> withhold compliance during any proceeding,including appropnate appeals,so long as Grantor has notified Lender in wriGng 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 shall do all other acts,in addidon to those acts
<br /> set forth above in this section,which hom the character and use of the Property are reasonably neces5ary to protect and preserve the Property.
<br /> 5. COMPLIANCE WITH LEASE. Ii there is a Lease on the Property,Grantor will pay all rents and will strictly observe and pertorm 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 ihe Lease, either orally or in writing, without Lender's prior written consent. No estate in the Property,
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