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DEED OF TRUST Page 2
<br /> 9 9 110 8 4 2 (Continued) �
<br /> Deed ot Trust. The words"Deed of Trust"mean this Deed oi Trust among GraMor,Lender and Trustee.
<br /> Grantor. The word"Grantor"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 this Deed of Trust only to grant and convey that Grantor's interest in the Real Property and to graM :
<br /> a secunty interest in Grantor's interest in the Personal Property to Lender and is not personalty liable under the Credit Agreement exoept as
<br /> otherwise provided by ContraCt or law. ,
<br /> Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, flxtures, 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 e�cpended or
<br /> advanced by Lender to discharge obligations of Grantor or expenses incurced by Trustee or Lender to enforce obligations oi Grantor under this
<br /> Deed of Trust, together with interest on such amounts as provided in this Deed ot Trust. Speclflcally,without limttation, this Deed Of Trust
<br /> secures a revolving line nf credit,whi�h obliydtes Lender to make advances to Grantor ao lony as Grantor complfea with all the terma of
<br /> the Credlt Apreement. Such advances may be made, repaid, and remade hom tlme to tlme, subject to the Ilmltation that the total
<br /> outstandiny balance owing at any one time,not induding flnance charges on such balance at a flxed w variable rate or aum aa provfded
<br /> in the Credit Apreement,any temporary overoyes,other charyes,and any amounts expended or edvanced as provided in thfs parayraph, :
<br /> shall not exceed the Credit Limlt as provided in the Credit Agreement. Notwithslandiny the amount outstandin�at any particular time,
<br /> this Deed of Trust secures the total Credit Agreement amount shown above. The unpafd balence ot the revolvinp Ifne of credft may at
<br /> xrtafn rimes be lower than the amount shown or zero. A zero balance does not terminate the Ilne ot credfl or terminate Lender's
<br /> obtipation to advance funds to GraMor. Therefore,the lien of this Deed ot Trust wlll remain fn full force and effect notwlthstandin9 any
<br /> zero balance.
<br /> Leax. The word"Lease"means any lease between Grantor and the Lessor of the Property.
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<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 property now or hereafter owned
<br /> by Grantor,and now or hereafter attached or affixed to the Real Property;together with all accessions,parts,and additions to,ell replacements of,
<br /> and all substitu6ons for, any of such property; and together with all proceeds (including without limitetion 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 /> Renl Propetiy. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"sec6on. :
<br /> RNated Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreemenl5, loan
<br /> agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter :
<br /> existing,euecuted 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 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,TME :
<br /> RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> 3. PATMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, GrBntor sha�l pay to Lender all amounts 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 govemed by
<br /> the following provisions:
<br /> Posaessfon 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 Mafntain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and maintenence necessary to
<br /> preserve its value.
<br /> Ha�do1L4 Sybatances. Gr3ntcr reprssent_ and warrants that ths Property nev�r ha5 boea,a� rsav8c-wri!!-� so long-ss it1RS Deed of Trusf
<br /> remains a lien on the Property, used for the generation, manufacture,storage,treatment,disposel,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 9601,et seq.("CERCLA"),the Supertund Amendments and Reauthonzation 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 appropriate to determine compliance of the Property with this seCtion of the Deed of TrusL 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) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting hom a
<br /> breach of this 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 /> Nuiaance, Wasta Grantor shell not cause,conduct or permit any nuisance nor commit, permit, or suffer any stnppine of or waste on Or to the :
<br /> Property or any portion of the Property. SpecifiCally without limil8tion,Grantor will not remove, or grant to any other party the nght to remove,any
<br /> timber,minerals(including al and gas),soil,gravel or rock products without the pnor written consent of Lender.
<br /> Lender'a Right to Enter. Lender and its agents and representatives may enter upon the Real Property at aU reasonable dmes to attend to
<br /> Lender's interests and to inspect the Property for purposes of Grantor'S compliance with the terms and condifiorts of this Deed of Trust.
<br /> Complience wlth Governmental Requirements. Grantor shall promptly comply with ell lews, ordinances, and regula6ons ot all povernmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinence, or regulation and :
<br /> withhdd compliance dunng any proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing prior to doing so and :
<br /> so long es Lender's interests in the PropeAy are not jeopardized. Lender may require Grantor to post adequate secunty or a surety bond, :
<br /> reesonebly setisfactory 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 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 stricdy observe and pertorm on a fimety basis all
<br /> other terms, covenants, and conditipns of the Lease. Grantor further agrees (a) not to surrender, terminete, or cancel the Lease, and (b) not to
<br /> modity, 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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