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200211280 u =iur IRuoi raffia <br />(Continued) <br />Dead of Trust. The words "Dead 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 Dead of Trust only to grant and convey that Grantors interest in the Real Property and to grant <br />a security interest in Grantors interest in the Personal Prop" to Lander and is not personally liable 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, (Mures, 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 a <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 make advances to Grantor m long As Grantor cemplles with all the tarns of <br />Me Credit Agreement. Such advances may be made, repaid, and remade from Ilme to time, subject to the gran tlon that the total <br />outstanding balance owing at any one lime, not Including finance charges on such balance at a Iliad or variable rate or sum as provided <br />In the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced m provided In this paragraph, <br />shall not exceed the Credit Limit as 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 creep may of <br />certain Nmes be lower than the amount shown or zero. A zero Mien" does not terminate the line of credtt or terminate Lender's <br />obligation to advance funds to Grantor. Therefore, the lien of this Deed of Trust will remain In lull for" and effect notwithstanding my <br />aro balance. <br />Lease. The word %ease" means any lease between Grantor and the Lessor of the Property. <br />Lender. The word %ender means NAFCO NE Federal Credit Union, its successors and assigns. <br />Personal Property. The words "Personal Properly' mean all equipment, fixtures, and other erodes of personal property now or hereafter owned <br />by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, 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'Propei means collectively the Real Property and the Personal Property. <br />Real Property. The words "Real Property' mean the property, interstate and rights described above in the "Conveyance and Grant section. <br />Reletm Documents. The words 'Related Documents' mean and include without limitation all promissory notes, credit agreements, Ian <br />agreements, garenfies, Sal agreements, mortgages, deeds of trust, and all other instruments and documents, whether now a hardener <br />existing, executed in connection with Grantor's 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 provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by ins <br />Dead of Trust as they become due, and shall smcny and in a timely manner perform all of Grantor's obligations under the LOANLINER® Home Equity <br />Pion Credit Agreement and this Dead of Trust. <br />a. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall Da governed by <br />has folloving Prairies= <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 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 Properly, used for the generation, manufacture, storage, treatment, disposal, release a threatened release of any hamrdous <br />waste a substance, as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as <br />amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Supenund Amendments and Reauthorization Act ('SARA "), applicable stale or Federal <br />laws, or regulations adopted pursuant to any of the foregoing. Grantor authonzes Lender and its agents to enter upon the Property to make such <br />inspections and lest; 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 indemnity 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 to payment of the Indebtedness and the satlsfactOn of <br />this Deed of Trust. <br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or surer any stopping of or wash 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 />fimoor, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lander. <br />LMderb Right to Enter. Lender and its agents and representatives may enter upon the Real Properly at all reasonable fines to attend to <br />Lenders interests and to inspect the Properly for puryoses 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, ordinances, and regulations of all governmental <br />eumanties applicable to the use or occupancy of the Property. Grantor may contest in gad faith any such law, Primerica, or regulation and <br />witnhold compliance during any proceeding, including appropriate appeals, soloing AS Grantor rtes notified Lender in writing prig to doing 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 Lenders 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 tom 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 Lease on the Property, Grantor will pay all rents and will strictly observe and perform on a timely basis all <br />Other terms. covenants, and conditions of me Lease. Grantor further agrees (a) not l0 surrender, terminate, or cancel the Lease, and (b) not to <br />modify change. supplement, alter. or amend the Leese either orally or in writing, without Lender's prior write, consent. No estate in the Property, <br />