Dttu Ur I hub I rage z
<br />(Continued) 2002063.45
<br />Deed of Trust. The words 'Deed of Trust' mean this Deed of Trust among Grantor, 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 Dead of Trust, but
<br />does not sign the Credit Agreement, Is signing this Deed of Trust only to grant and convey that Grantors interest in the Real Property and to grant
<br />a security interest in Grantor's Interest in the Personal Property to Lender and is not personally liable under the Credit Agreement except As
<br />Small provided by Contract or law.
<br />Improvements. The word 'Improvements' means and Includes without limitation all existing and future improvements, fixtures, buildings,
<br />Smootures, mobile homes affixed on the Real Property, facilities, additions and other construction on the Real Property.
<br />Indebtedness. The word'lndebfedness' means all principal and Interest payable under the Credit Agreement and any amount 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. Specifically, without limitation, this Deed of Trust
<br />secures a revolving line of credit, which obligates Lender to mare advances to Grantor w long as Grantor eompties wnh all the tames Of
<br />the Credit Agreement. Such advances may he made, repaid, and remade from time to time, subject to Me limitation that me total
<br />outstanding balance owing at any one lime, not including finance charges on such balance at a Nrod 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 />Mall not exceed the Credit Limit as provided in the Credit Agreement. Notwithstanding the amount outstanding at any panlcular time,
<br />this Deed of Trust secures the total Credit Agreement amount Mown above. The unpaid balance of the revolving line of credg may at
<br />certain times be lower than the amount Mown or zero. A zero balance does not terminate me line of credit or terminate Lender's
<br />obligation to Advance funds to Grantor. Therefore, the lien of this Deed of Treat will remain in full tree and effect notwithstanding any
<br />sent balance.
<br />Lease. The word "ease' means Any lease between Grantor and the Lessor of the Property.
<br />Lender. The word'-ender means NAFCC NE Federal Credit Umon, its sudceuors and assigns.
<br />Personal Property. The words 'Personal Property mean all equipment, diluted, and other articles of personal property now a hereafter owned
<br />by Grantor, and now or hereafter attached or affixed to the Real Property; together with all 6CCESsiord. pans, and additions to, all replacements of,
<br />and all substitutions for, any of such property; and together with all proceeds ( including without limitation all insurance proceeds and refunds of
<br />premiums) from any sale or other disposition of the Property.
<br />Property. The word'Propeny" means Collectively the Real Property and the Personal Property.
<br />Rear Property. The words "Real Property' mean the property. interests and right described above in the "Conveyance and Grant" section.
<br />Related Documents. The wards "Related Documents' mean and include without limitation all promissory notes, credit Agreements, loan
<br />agreements. guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether navy or hereafter
<br />existing, executed In connection with Grantors Indebtedness to Lender.
<br />Trustee. The word Trustee' means the entity shown at the lop 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, 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 pmvlded in this Deed of Trust, Grantor shell pay to Lender all amounts secured by this
<br />Deed of Trust as they become due, and shall stnctly and in a timely manner perform all of Grantor's obligations under the LOANLINERS, 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 />he following provisions:
<br />Possession and Ilse. Until the oacurrence 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 of collet: any Rents tom 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 it value.
<br />Hamrdous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Dead of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal. release or threatened release of any hazardous
<br />waste or substance, as in. farms ere defined in the Comprehensive EnNronmental Response, Compensation and Liability Act of 1980, as
<br />amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA'), the Superfund Amendments and Reauthorization Act ('SARA'), applicable state or Federal
<br />laws, or regulations adopted pursuant to any of the foregoing. Grantor aumonzes 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 cleanup or
<br />other cost under Any such laws, and (b) agrees to Indemnify and hold harmless Lender against any and all claims and losses resulfing ham a
<br />breach of this paragraph Of the Deed of Trust. This obligation It indemnify shall survive the payment of the Indebtedness and the satisfaction of
<br />this Deed of Trust.
<br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste an 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 />Ember, minerals (including oil and gas), soil, gravel or mek products without the prior written consent of Lender.
<br />Lender's Right to Enter. Lender and Its agent and representatives may enter upon the Real Property at all reasonable times to attend to
<br />Lender's interests and to inspect the Property for purposes of Grantors compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinaries, and regulations of all governmental
<br />authorities applicable to the use or Occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and
<br />withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in entire prior to doing so and
<br />Ad long as Lender's Interests In the Property are not jeopardized. Lender may require Grantor to post adequate security, Or fi surety bond,
<br />reasonably satisfactory to Lender, to protect Lender's interest.
<br />Daly to Protect. Grantor agrees neither to abandon nor leave unattended the Popery. Grantor shell do all other acts, in addition to these sold
<br />set forth above in this Section, which from the character and use of the Property are reasonably necessary, to protect and preserve the Property.
<br />S. COMPLIANCE WITH LEASE. If there Is a Lae. on the Property, Grantor will pay ell rents and will strictly observe and perform on A timely basis ell
<br />other ierml covenant, and conditions of the Lease. Grantor further agrees (a) nut to surrender, terminate, or cared Iha Lease, and (b) not to
<br />modify, change supplement, altar or am =rid the Lease. ether orally or in writing, without Lender's prior written consent. No estate in the PropeM.
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