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. �. . 99 109304
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<br /> DEED OF TRUST Page 2 .
<br /> (Continued)
<br /> Deed ot Trust. The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender and Trusiee.
<br /> Grantor. The word"Grantor"means any and al►persons and entities executing ihis Deed of Trust. Any Grantor who signs lhis Deed of Trust,but
<br /> does not sign the Credit Agreement,is signing this Deed of Trusi oniy to grant and convey that Grantor's interesi in ihe Real Property and to grant
<br /> a security interest in Grantor's interest in the Personal Properfy to Lender and is not personally liable under the Credit Agreement except 8s
<br /> otherwise provided by contract or law.
<br /> Improvements. The word "Improvements" means and includes without limilalion all existing and future improvements, fixtures, buildings,
<br /> struciures,mobile homes affixed on the Real Properfy,facilities,additions and other construclion on the Real Property.
<br /> Indebtedness. The word "Indebtedness" means all principal and inferest payable under the Credit Agreement and any amounts expended or
<br /> advenced 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 ot Trust. SpeCIHCaIIy,wlthout Ilmltation, thla Deed oi Trust
<br /> secures a revolving Ifne of credlt,which obligates Lender to make edvances to Grentor so lonp as Grentor compties wlth all Me terma of
<br /> the Credtt Apreement. Such advances may be made, repafd, and remade hom lfine to tlme, aubject to the Ilmttatlon that the total
<br /> outstandinp balance owing at any one time,not includi�g finance charges on such balance at a flxed or vartable rate or sum as provfded
<br /> tn the Credlt Agreement,any temporary overages,other charges,and eny emounts expended or edvanced es provided in thls pareyreph,
<br /> shall not exceed the Credlt Llmlt es provlded in the Credlt Agreement. Nolwtthstandfny the amount outstending at eny particular time,
<br /> this Deed of Trust secures the total Credlt Agreement amount shown above. The unpald balance of the revolvinp Ilne of credfl may at
<br /> certaln tlmes be Iower then the amount shown or xro. A xro balance does not terminete the Ilne oi credN or termfnate Lender's
<br /> obllpation to advance funds to Grantor. Therefore,the lien of this Deed of Truat wlil remeln In full lorce and ettect notwlthstendlny any
<br /> �ero balance.
<br /> Leax. The word"Lease"means any lease between Grantor and the Lessor ot the Property.
<br /> Lender. The word"Lende�'means NAFCO NE Federal Credit Union,iis successors and assigns.
<br /> Personal °roperty. The words"Revsonal-Froperty"mean alt equ�prsserst,fixtures,a� other erticles of perssnal propert��new or h�ereeiter owned
<br /> by Grentor,and now or hereafler a8ached or affixed to the Real Property;together with all eccessions,pa�ts,and additions to,all replacements o(,
<br /> and all subsHtutions for, any of such property; end together with atl proceeds (including wifhout Fmitetion 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 Property. The words"Real Property'mean the property,interests end 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, loan
<br /> apreements, gueranties, security egreements, mortgages, deeds oP trust, and alt other instruments and documents, whether now or hereaHer
<br /> exis6ng,executed in connection with Grantor's Indebtedness to Lender.
<br /> Trustee. The word'Trustee"means the entity shown at the top of page one o(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 othervvise provided in this Deed of Trust, Grantor shell pay to Lender 811 emounts secured by this
<br /> Deed oi Trust as they become due, and shall strictly and in a timely manner perform ell o(Grantor's obligations under the LOANLINER�Home Equify
<br /> Plan Credit Agreement end this Deed of Trust.
<br /> 4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Granfor's possession and use ot the Property shall be governed by
<br /> the tollowing provisions:
<br /> Posxsslon end Use. Until the occurrence of an Event of Default, Grantor may (a) remain in possession and control of the PropeAy, (b)use,
<br /> operate or manege the Property,and (c)collect any Rents from the Property.
<br /> Duty to Mefntein. Grantor shall maintain the Property in tenantable condition and promptly perform.all repairs end maintenence necessary to
<br /> preserve its value.
<br /> Hazardous Substances. Grantor represents and warrants that the Property never hes been, and never will be so long as this Deed oi Trust
<br /> remains a lien on the Property, used for the generetion, manutacture,storage,trealment,disposal,release or threatened release of eny haiardous
<br /> waste or substence, as those terms ere defined in the Comprehensive Environmental Response, Compensation and Liability Acf ot 1980, as
<br /> amended.42 U.S.C. �+ciion 950t,et s�G. ("CERC�"),the Supgr!;�nd�,�sandmar„s and€ieauthor,aa4ion Act("SARA"),applicable state or Federal
<br /> laws,or regulations adopted pursuant to any oi the foregoing. Grantor authorizes Lender and its agents io enter upon the Properfy to rttake such
<br /> inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed Ot 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 /> other costs under any such laws, and (b)egrees to indemnify end hold harmless Lender against any end all cleims end losses resulting hom e
<br /> breach of this paragraph of the Deed o1 Trust. This obligation to indemnify shall survive the payment of the Indebtedness end the setisfaCtion ot
<br /> this Deed ot Trust.
<br /> Nulsence,Waste. Grantor shell not cause,conduct or permit eny nuisence nor commit, permil, or sutfer any stnpping of w waste on or to the
<br /> Property or any portion of the Property. Specifically without limitation,Grantor wilt not remove,or grant to any other party the rieht to remove,any
<br /> timber,minerals(including oiI and gas),soil,gravel or roCk products without the prior written consent of Lender.
<br /> Lender'a Right to Enter. lender and its agents and representatives may enter upon the Reel Property et all reasonable dmes to aflend to
<br /> Lender's interests and io inspect the Property for purposes of Grantor's compliance with the lerms and conditions o(this Deed ot Trust.
<br /> Compllnnce wlth Governmentel Requlrements. Grantor shall promptly comply with all laws, ordinflnces,and repula8ons of all governmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor may contest in good feith any such law, ordinance, or regulation end
<br /> withhold compliance during any proceeding,including appropriete appeels,so long as Grantor has noHfied 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 /> reesonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Grantor egrees neither to abendon nor leave unatlended fhe Property. Grantor shall do all other acts,in addition to those acts
<br /> set forth above in this section,which kom the character and use of the Property are reasonably necessary to proteCt and preserve the Property. �
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