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200304654 y� (Continuetl) v
<br />Deed of Trust. The words 'Deed of Trust" mean this Dead of Trust among Grantor, Lender and Trustee.
<br />Grantor. The word "Granlor means any and all persons and entities executing this Deed of Trust. Any Grantor who signs this Dead of Trust, but
<br />does not sign the Credit Agreement, is signing this Deed of Trust only to grant and convey that Grantices interest in the Real Property and to grant
<br />a security Interest In Grantor's interest in the Personal Property to Lander and is not personally habla under the Credit Agreement except as
<br />otherwise provided by contract or law.
<br />Improvements. The word "Improvements" means and includes without limitation all existing and future Improvements, futures, buildings,
<br />structures, mobile homes affixed on the Real Property. facilities, additions and other construction on the Real Property.
<br />moeotedness. The word 'Indebtedness" means all principal and interest payable under the Credit Agreement and any amounts expended Or
<br />advanlaad by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to Warm Obligations of Grantor under this
<br />Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, this Deed of Trust
<br />secures a revolving line of credit, which obligates Lender to make advances to Grantor eo long as Grantor camplles with all the terms or
<br />the Credit Agreement. Such advances may he made, repaid, and remade from time to VM, subject to the limitation that Me total
<br />outstanding balance owing at any one lime, not including finance charges pit each balance at a fixed or variable rate or sum as provided
<br />In the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided In this paragraph,
<br />shall not exceed the Credit Limit as provided in the Credit Agreement. Notwithstanding the amount out"ding at any particular time,
<br />Mks Deed of Trust secures the total Credit Agreement amount shown above. The unpaid Stance of the revolving line of credit may at
<br />certain times be lower than the amount shown or zero. A zero balance does not terminate the line of credit or terminate Lender's
<br />obligation to advance funds to Grantor. Therefore, the lien of this Deed of Trust will remain In full force and effect notwithstanding my
<br />aro balance.
<br />Lease. The word'Lell means any lease between Grantor and the Lessor of the Property.
<br />Lander. The word 'Lender 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 W hereafr Owned
<br />by Grantor, and now or hereafter anacned or affixed to the Real Property; together with all apses sions, parts, and additions 1o, all repWcements of,
<br />and all substitufions for, any of such property; and together with all proceeds (including without limitation all insurance prooeeds and refunds of
<br />premiums) from 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 Propery mean the property, interests and rights deslaibad shove in the "Conveyance and Gnmr section.
<br />Related Decumeni The words 'Related Documents" mean and include without limitation all promissory notes, Credit agreements. Iden
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now a hereefier
<br />existing, executed in connection with Grantees 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 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 n they become due, and shall strictly and in a timely manner perform all Of Grantor's obligations under the LOANUNERO Home Equity
<br />Plan Credit Agreement and this Deed Of Trust.
<br />e. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
<br />the fdlowirg provisions:
<br />Possession and Use. Until the occurrence OI 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 ham 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 Substances. 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 PropeM• used for the generation. manufacture, storage, treatment, disposal, 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, da
<br />amended. 62 U.S.C. Section 9601, at seq. ("CERCIAT, the Superfund Amendments and Resuthom9tion Act ("SARA "), applicable state or Federal
<br />laws, Or regulations adopted pursuant to any of the foregoing. Grantor authonzes Lander and its agents to enter upon the Property to make such
<br />irapecAons 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 Cleanup or
<br />Other costs under any such laws, and (b) agrees to indemnity and hold harmless Lender against any and all claims and losses resulting from a
<br />breach of this paragraph of the Dead of Trust. This obligation to indemnity shall survive the payment of the indebtedness and the satisfaction of
<br />this Deed of Trent
<br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any shipping of Or waste an or to the
<br />Properly or any portion of the Property. Specifically without limitation. Grantor will not remove, or grant to any other party the night to remove, any
<br />Amber, minerals (including oil and gas), soil, gravel or rack products without the prior written consent of Lander.
<br />Lender's Right to Enter. Lander and its agents and representatives may enter upon the Real Property at all reasonable times to attend to
<br />Lends; s interests and to inspect the Property for purposes of Grantor's compliance with the terms and condlAons of this Deed of Trust.
<br />Compliance with Governments[ Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations of all governmental
<br />authorities s applicable to the use or occupancy of the Property. Grantor may contest in good pith any such few, ordinance, Or regulation and
<br />will compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in wntirg pnr to doing so and
<br />so long as Lender's interest in the Property are not jeopardized. Lender may require Grantor to post adequate security r a surety bond,
<br />reasonably satisfactory to Lender, to protect Lenders Interest.
<br />Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall d0 all other acts, in addition to those acts
<br />set forth above in this section, which from the character and use Of the Properly are reasonably necessary to protect and preserve the Property.
<br />S. COMPLIANCE W ITH LEASE. If there is a Lease on the Property. Grantor will pay all rants and will strictly observe and padrm on a timely basis all
<br />other terms, covenants, and conditions of Ina Lease. Grantor ludher agrees (e) 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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