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<br />200608126
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<br />DEED OF TRUST
<br />(Continued)
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<br />Page 2
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<br />Deed of Trust. The wordS "Deed of Trust" mean this Deed of Trust among Grantor, Lender and Trustee.
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<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 the Credit Agreement, is signing this Deed of Trust only 10 grant and convey that Grantor's interest in the Fleal 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 />otherwIse provided by contract or law.
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<br />Improvements. The word "ImprOvements" means and includes without limitation all existing and future improvements, fixtUres, buildings,
<br />structures, mobile homes affixed on the Real Property, facilities, additions and other construction on the Real Property.
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<br />Indebtedness. The word 'ndebledness" 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 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 so long as Grantor complies with all the terms of
<br />the CredIt Agreement. Such advances may be made, repaid, and remade from lime to time, sublett to the limItation that the total
<br />outstanding balance owing at anyone lime, not including ftnance charges on such 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 acIvaneed as provided In this paragraph,
<br />sI'1a11 not exceed the Credit Limit as provided in the Credit Agreement. Notwithstanding the amount outstanding at any partIcular lime,
<br />thIs Deed of Trust secures Ihe total Credit Agreement amount shown above. The unpaId balance of the revolving /Ine of credit may at
<br />certain ttmes be lower than the amount shown or zero. A zero balance does not termInate the line of credit or termlnsfe 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 any
<br />zero balance.
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<br />Lease. The word "Lease" means any lease between Grantor and the Lessor of the Property.
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<br />Lender. The word "Lender" means NAFCO NE Federal Credit Union, its successors and assigns.
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<br />Personal Property. The words "Personal Property" mean all equipment. fixtures, and other articles 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, parts, and additions to, all replaC9ments 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.
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<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
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<br />Real Property. The words "Real Property" mean the property, interests and rights described above in the "Conveyance and Granr section.
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<br />Related Documents. The words "Related. Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br />agreements, guaranties, securily agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter
<br />existing, executed in connection with Grantor's Indebtedness to Lender.
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<br />Trustee. The word "Trustee" means the entity shown at the top of page one of this Deed of Trust.
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<br />nlls DEED OF TRUST AND, IF ANY, A SECURIr.Y 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 />RaATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FQU.OWING TERMS:
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<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 as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the LOANLINER~ Horne Equity
<br />Plan Credit Agreement and this Deed of Trust.
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<br />4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
<br />the following provisions:
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<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.
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<br />Duty to MaIntain. Grantor shall maintain the Property in tenantable condition and promptly peliorm all repairs and maintenance necessary to
<br />preserve its value.
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<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 Property. 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, as
<br />amended, 42 U.S.C. Section 9601, et seQ. (.CERCLA"), the Supeliund Amendments and Reauthorization Act ("SARA"), applicable state or Federal
<br />laws. or regulations adopted pursuant to any of the foregoing. Grantor authorizes 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 costs under any such laws. and (b) 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 indemnify shall survive the payment of the Indebtedness and the satisfaction of
<br />this Deed of Trust.
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<br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or sulfer any stripping of or waste 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 />timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender.
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<br />Lender's Right to Enter. Lender and its agents 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 Grantor's compliance with the terms and conditions of this Deed of Trust.
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<br />Compliance with Governmentaf Requirements. Grantor shall promptly comply with all laws, ordinances, 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 writing prior to doing so and
<br />sa long as Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate S8CUrity or a surety bond.
<br />reasonably satisfactory to Lender, to protect Lender's interest.
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<br />Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition 10 those acts
<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.
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<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 timely basis all
<br />other lerms. covenants. and conditions of the Lease. Grantor further agrees (a) not 10 surrender, terminate. or cancel the Lease, and (b) not to
<br />modIfy, change. supplement. aller. or amend the Lease. either orally or In writing. without Lender's prior written consent. No estate in the Property,
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