DEED OF TRUST Page 2
<br />(Continued) 200207793
<br />Deed of Trust. The words geed 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 Deed of Trust, but
<br />does not sign line Credit Agreement, is signing this Daed of Trust only to grant and convey that Grantor's interest in the Real Property and to grant
<br />e security interest in Grantor's interest in the Personal Property to Lender and is not personally liable under the Credit Agreement except 0
<br />Otherwise provided by contract or law.
<br />Improvements. The word 'Improvements' means and includes without limitation all existing and future improvements, thourss, buildings,
<br />drudures, mobile homes affixed on the Real PropeM• facilities, additions and other construction on the Real Properly.
<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 N6
<br />De of Trust. together with interest on such amounts as provided in this Deed of Trust. Spedawlty, without limitation, N11 Deed of Trust
<br />ed
<br />senores a revolving line of credit, which obligates Lender to make advances to Grantor ao long as Grantor domplf" with all ale terms Of
<br />me Credit Agreement. Such advances may be made, repaid, and remade from time to time, wblect to the limitation that the total
<br />outstanding balance owing at any one time, not Including finance charges on wch balance at a Mad or valuable rate or sum as provided
<br />In the Credit Agree. ml, any temporary Overages, other charges, and any amounts expended or advanced as provided In this paragraph,
<br />wall not exceed the Cfedll Limit es provided In the Credit Agreement. Notwithstanding the amount Outstanding at any particular time,
<br />this Deed of Trust secures the total Credit Agreement amount shown above. The unpaid balance of the revolving line of credit may at terminate Lender',
<br />captain Mines be obligation gattion to advance funds tohGrant r. Thereore, the Of this Deed of TNSt will terminate
<br />remain In NC form Oand r effectrnotwithstanding any
<br />=to balance.
<br />Lease. The word %ease' means any lease between Grantor and the Lessor of the Property.
<br />Lender. The word lance( means NAFCC NE Federal Credit Union, its successors and assigns.
<br />personal Property. The words -Personal Properly' mean all equipment, fixtures, and Other art des of personal property now Or hereahar owned
<br />by Grantor. and now Or h9rsaher attached or affixed to the Real Property : together with all aa:essions, pans, and additions tat, 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 see or other cis0osilion of the Property.
<br />Property. The word - Property" means Collectively the Real Property and the Personal Property.
<br />Real Property. The words Mae Property^ mean the property, interests and rights described above in the "Conveyance and Grant' sactlon.
<br />Related Documents. The words 'Related Documents' mean and include without limitation all promissory hales credit anorw.M hereafter
<br />agreements. guaranties, security agreements, mortgages, deeds of bust, and all other instruments and Documents,
<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 />THS DEED OF IDEBTEDNESSND ( )
<br />TATNPERFORMANCE OF EACH AGREEMENT AND
<br />SECURITY E AND IF ANY, A INDEBTEDNESS 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 />d. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Grantor shall pay to Lender all amount secured by this
<br />Deed of Trust as they become due, and shall slnClly 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 />a. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
<br />Me following provisions:
<br />possession and Use. Until the Occurrence 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 from roe Property.
<br />Duty to Malntain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and maintenance necessary 10
<br />Preserve its value.
<br />Hamrdous Substances. Grantor represents and warrants that the Property new has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Properly, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any haaardous
<br />waste or substance, as those terms are defined in the Comprehensive Environmental Response, Compensation and Uablllly Act of 1980, as
<br />amended, 42 U.S.C. Section 9601, at seq. ('CERCIA'), the Superfund Amendments and Rraulhomalion Act ("SARA "), applicable state or Fadarel
<br />laws, or regulations adopted pursuant to any of the foregoing. Grantor adhonzes Lender end its agents to enter upon the Properly to make such
<br />inspections and leak 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 (0) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting from a
<br />breach of this paragraph of the Deed of Trust. This obligation to indemnity 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 on or to the
<br />Properly or any potion of the Property. Specificely without limitation, Grantor will not remove, or grant to any other party the right to remove, any
<br />lumber, 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 reasonable fimas to allend to
<br />Lancer's interests and to inspect the Property for puryoses of Grantor's compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations of all regulation and
<br />authorities applicable to the use or Occupancy of the Property. Grantor may contest in good faith any such taw, ordinance, a regulation end
<br />withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in wrifing prior to ddng so and
<br />sit long as Lenders interests in the Property are not leopardind. 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. 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 secton, which horn 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 strictly observe and perform on a Amery basis all
<br />other lerms. covenants, and conditions of the Lease. Grantor further agrees (a) not to surrender, terminate. or cancel the Lease, and (0) not to
<br />modify, change. supplement, after or amend the Lease, eAnar orally or in writing, without Lender's prior written consent. No estate to the Property,
<br />
|