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� � � �' 1 ��g DEED OF TRUST Page 2 �
<br /> (Continued)
<br /> Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender and Trustee.
<br /> Grantor. The word"�rantor"means any and ail 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 interest in the Real Property and to grant
<br /> a secunty interest in Grantor's interest i� the Personal Property to Lender and is not personally liable under fhe Credit Agreement exoept as
<br /> otherwise provided by contracf•or law.
<br /> Improvements. The word "Improvements" means and includes without limitation ail 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. SpeCIHCaIIy,without limitetion, thls Deed ot Trust
<br /> secures a revolving line of credit,which obliyates Lender to make advances to Grantor so lonp as Grantor complfea with all the tenns oi
<br /> the Credit Apreement. Such advances may be made, repaid, and remade hom time to time, subject to Me Ifmltetion that the total
<br /> outstandfn�balance owiny at any one time,not including finance charges on such balencC at a Axed or verfable rote or aum sa provided
<br /> fn the Credit Aflreement,any temporary overoges,other charpes,and any amounts expended or advanced as provided In this paroyraph,
<br /> shall not exceed the Credit Limit as provided in the Credit Agreement. Notwithstnndinp the emount outstandinp at any particular time,
<br /> this Deed of Trust secures the total Credit Agreement amount shown above. The unpaid balance of the revolvfnp Ifne of credR may at
<br /> ceAain dmea be lower than the amount shown or zero. A zero balance does not terminate Me Ifne of crodR or termfnate Lender's
<br /> obliyetion to edvance funds to Grantor. Therefore,the lien of this Deed of Trust will remaln In full force and ettect noMrlthstandiny any
<br /> zero balance.
<br /> Leax. The word"Lease"means ar.y Ia__�cQ hatween 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 aAicles of personal property now or hereatter owned
<br /> by Grantor,and now or hereafler attached or affixed to the Real Property;together with all accessions,parts,and additions to,all replacements of,
<br /> and all substitutions for,any of such property; and together with all proceeds (inctuding 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 Grant"section.
<br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> egreements, guaranties, security agreements, mortgages, deeds oi trust, and all other instruments and documents, whether now or hereafter
<br /> exisfing,executed in connection with Grantor's Indebtedness to�ender.
<br /> Trustee. The word'Trustee"means the entity shown at the top of page one of this Deed oi Trust.
<br /> THIS D�D 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 otherwise 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 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 governed by
<br /> the following provisions:
<br /> Posaesaion and Use. Until the occurrence oi an Event of Detault, 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 Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and maintenance necessary to
<br /> preserve its value.
<br /> Hazardous Substdnces. Grantor 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,treatment,disposal,release or threatened release of 8ny hazardous
<br /> waste or substance, as those terms are defined in t#ie Comprehen5ive cnvironmental Response, Compens8tion and Liability ACt Of 1980, 95
<br /> amended,42 U.S.C.Section 960t,et seq.("CERCLA"),the Superfund Amendments and Reauthonzation 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 determine compliance of the PropeRy 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 /> other costs under any such lews, and (b)egrees to indemnify and hold harmless Lender against any and all claims and losses resultinp 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 /> Nuisimct, 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 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 writlen consent of Lender.
<br /> Lender'a Right to Enter. Lender and its agents and representaHves may enter upon the Real Property at all reasonable Hmes to attend to
<br /> Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditlons of this Deed of Trust.
<br /> Compliance wfth Governmentel Requirements. Grantor shall promptly�omply with all laws, ordinar�es, and regulations oi alt povernmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor may contest in good taith any such law, ordinance, or regulation and
<br /> withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has nofified 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 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 PropeRy.
<br /> 5. COMPLIANCE WtTH LEASE. If there is a Lease on the Property,Grantor will pay atl rents and will strictly observe and pertorm on a 6mely basis all
<br /> other terms, covenents, and conditions of the Lease. Grantor turther agrees (a) not to suRender, terminate, or cancel the Lease, and (b) nof 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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