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99 I 1 O 9 2� DEED OF TRUST Page 2
<br /> . � �� `; '., ,� t►r.,;' (Continued)
<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 this Deed of Trust only to grant and convey that Grantor's interest in the Real Property and to grent
<br /> a security interest in Grantor's interest in the Personal Property fo Lender and is not personally liable under the Credit Agreement exoept as
<br /> otherwise provided by Contract or law.
<br /> Improvements. The word "Improvements" means and includes withoui limitation all existing and future improvements, fixtures, 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 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. SpeCffiCally;wlthout limltation, thls DeEd of Trust
<br /> secures a revolving Ifne of credit,which obligates Lender to mdce advances to Grontor so lonp as Grantor complles wfth all the terms oi
<br /> the Credit Apreement. Such advances may be e, repaid, and remade trom tfine to tfine, subject to Me Ilmltation that the total
<br /> outstandinp balance owiny at+brfy c,1ne�Mrr�,not i��ing finance charpes on such balance at e flxed w varlable rate or sum aa provided
<br /> in the Credit Agreement,any temporary overages,other charyes,and any amounts expended or advanced as provided In thls pereyraph,
<br /> sball not exceed the Credit Limit as provided in the Credit Agreement. Notwithstandinp the amount outstandiny at any perticular time,
<br /> this Deed of Trust secures the total Credit Agreement amount shown above. The unpafd belance of the revolviny line of credlt may at
<br /> certain rimes be lower than the amount shown or zero. A zero balance does not terminate Me Ilne of credN or terminate Lender's
<br /> oblipation to advance funds to Grantor. Thercfore,the lien of this Deed of Trust wlll remai�in tull force and effect notwithstandfny any
<br /> zero belance.
<br /> Leex. The word"Lease"means any lease between Grantor and th�Lessor of ihe F'roperty. - - -
<br /> Lender. The word"Lender"means NAFCO NE Federal Credit Union,its successors and assigns.
<br /> Personal Property. The words"Personal PropeRy"mean all 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 accessioris,parts,and additions to,all replacements of,
<br /> and all substitutions for,any of such property; and together with all proceeds(including without limitation alI insuranCe proceeds and refunds of
<br /> premiums)irom any sale or other disposition of the Property.
<br /> Property. The word"Property"means cotlectively the Real Property and the Personal Properfy.
<br /> Reel Property. The words"Real Property'mean the property,interests and righls described above in the"Conveyance and Grant"section.
<br /> Related DoCUments. The words "Related Documents" mean and include without limitetion all promissory notes, credit agreements, loen
<br /> egreements, guaranties, security agreements, moAgages, 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,TF�
<br /> RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON TME FOLLOWING TERMS:
<br /> 3. PAYMENT AND PERFORMANCE. Except as othe►wise provided in this Deed of Trust, Grantor shall 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 Credft 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 tollowing provisions:
<br /> Poaeession and U9e. Until the occurrence af 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 promptly perform all repairs and maintenance necessary to
<br /> preserve its vatue.
<br /> Hezardous Substences. Grantor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br /> romains a Nen on the Property, used for the generation, manufacture,storage,treatment,disposel,releflse a threatened release of any Aazardous
<br /> waste or substance, as those terms are defined in the Comprehensive Environmental Response, Compensetion and Liability Act of 1980, as
<br /> amended,42 U.S.C.Section 9601,et seq.("CERCLA"),the Supertund Amendments and Reauthonzation Act("SARA"j,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 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) agrees to indemnify and hold harmless Lender against any and all claims and losses resutting hom a
<br /> breach of this paragraph of the Deed of Trust. This obligation to indemniy shall survive the payment of the Indebtedness and the satistaction of
<br /> this Deed of Trust.
<br /> Nuisence,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit, or suffer any stripping of or waste on or to the
<br /> Property or any portion oi the Property. Specifically without limitation,Grantor will not remove,or grant to any other parly the right to remove,any
<br /> timber,minerals(including oil and gas),soil,gravel or rock products without the prior written consent of Lender.
<br /> Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasoneble 6mes 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 of Trust. .
<br /> Complience wtth Governmentel Requirementa. Grantor shall promptly comply with all lews, ordinances, and regula6ons o}all povernmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor may coMest in good faith any such law, ordinence, or regulefion and
<br /> withhdd complianCe during any proceeding,including appropnate 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. Granior agrees neither to abandon nor leave unattended the Property. Grflntor shall do all other acts,in addition to those acts
<br /> set forth above in this SeCrion,which hom the character and use of the Property are reasonably necessery to protect and presenre the Property.
<br /> 5. COMPLIANCE WITH LEASE. If there is a Lease on the Property,Grantor will pay all rents and will shictly 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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