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99 10902~5
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<br />DEED OF TRUST RE -RECORDED Page t
<br />(Continued) 200213992
<br />�- deed of Trutt. The words "Deed of Trust" mean this Dead of Trust among Grantor, Lander and Trustee.
<br />Grantor. The word "Grantor means any and all persons and entities executing this Dead 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 Reel Property and to grant
<br />A security interest in Grantor's interest in the Personal Property to Lander and is not personally liable under the Credit Agreement except as
<br />otherwise provoed 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 PropeM, facilities, additions and other construction on the Real Property.
<br />Indebledness The word "Indebtedness" means all principal and interest payable under Me 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 />Dead of Trust, Ingather with interest on such amounts as provided in this Dead of Trust. SpecMully, without limitation, this Deed of Tri
<br />secures a revolving line of credit, which obligates Lender to make advances to Grantor so long as Grantor complies with dl Me tens of
<br />Me Credit Agreement. Such advances may ber made, repaid, and remade from time to time, subject to the Influence, that the tow
<br />outstanding balance owing at any one time, not Including finance charges on woe balance at a Teed or vanatNe rate or sum as provided
<br />In Me Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided In Mis paragraph,
<br />shall not exceed the Credit Limit as provided in the Credit Agreement. Nolwithsla Jmg the amount outstanding at any particular gore,
<br />this Dead of Trust secures the total Credit Agreement amount shown above. Mar sipatd ted pow of the revolving line of credit may at
<br />certain gores be lower than the amount shown or zato. A xero 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 Treat will remain in full force and effect notwithstanding any
<br />aro balance.
<br />Lease. The word "Lease" 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, futures, and other articles of Personal prop" now or hereafter owned
<br />by Grantor, and now or hereafter attached or affixed to the Real Prop"; together with all accessions, pert, and additions lo, all replacement 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 "Property' means collectively Me Real Property and the Personal Property.
<br />Red Property. The words "Real Properly" mean the property, interests and right described above in the "Conveyance and Granr section.
<br />Related Documents. The words "Retaled Document" mean and include without ho itabon all promissory notes, credit agreement, loan
<br />agreement, guaranties, security agreement, mortgages, damps of trust, and all other instrument and document, whether now or hereafter
<br />existing, executed in connection with Grantor's Indebtedness to Lender_
<br />TN4ee. The word Trusi means the entity shown at the top of page one of this Dead 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 Ilas
<br />Dead of Trust as they become due, and shall stncily and in a timely manner perform all of Grantor's obligations under the LOANLINERC Home Equity
<br />Pen Cmdh Agreement and this Deed of Trust.
<br />s. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of Me 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 the Property.
<br />Duty to Member. 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 Jam on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any tremendous
<br />waste or subshirl 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 Superfund Amendments and Reauthomation Act ("SARA"), applicable stale or Federal
<br />laws, or regulations adopted pursuant to any of the foregoing. Grantor authonxes Lender and its agent to enter upon the Property to make such
<br />inspections and test as Lender may deem appropriate to determine compliance of the Property with this section of the Dead d Trust. Grantor
<br />hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable far cleanup or
<br />other cost 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 Deed of Trust. This obligation to indemnity shall survive the payment of the Indebtedness and the satisfaction 0
<br />this Dead 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 live
<br />Property or any portion of the Property. Specifically without limitation, Grantor will not remove, or grant to any other party the right to romove, any
<br />limber, minaret (inducting 61 and gas), soil, gravel or rock products without the prior written consent of Lender.
<br />Lender's Right to Enter. Lender and it agent and representatives may enter upon the Real Property at all reasonable times to attend to
<br />Lender's interest and to inspect the Property for purposes of Grantors compliance with the terms and condi arcs of the Dead Of Trust.
<br />Compliance with Governments] Requirements. Grantor shall promptly comply with all laws, wdinances, and regulation 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 nobfed Lender in wr irp prior to doing so and
<br />so long as Lenders interest In the Property are not jeopardized. Lender may require Grantor to post adequate security Or a surety bond,
<br />reasonably satisfactory to Lentler, 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 act
<br />set forth above m the section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
<br />It. COMPLIANCE WITH LEASE. If insists a Lease on the Property, Grantor will pay all rents and will stnctiy observe and perform on a timely basis all
<br />Other farms, covenant, and conditions of the Lease. Grantor further agrees (a) not to surrender, terminate, or caned the Lease, and (b) not to
<br />modify, change. supplement, alter, or amend the Leese, either orally or in writing, without Lender's prior written consent. No estate in the Properly,
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