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<br />DEED OF TRUST
<br />(Continued)
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<br />200710071
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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 to grant and convey that Grantor's interest in the Real Property And 10 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 "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 this
<br />Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. SpeclttcallY, without limitation, this Deed of Trust
<br />secures a revolving line of credit, which obligates L.ender to mllke advances to Grantor so long as Grantor complies with ell the terms of
<br />the Credit Agreement. Such advllnces may be made, repaid. and remade from time to time, subject to the limitation that the total
<br />outstanding balance owing at anyone time, not Including finance charges on such balance at a nxed 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 />shall not exceed the Credit L.lmll liS 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
<br />certain times be tower than the amount shown or zero. A zero belli nee does not terminate the line of credit or terminate L.ender's
<br />obligation to advsnce funds to Grantor. Therefore, the lien of this Deed of Trust will remain In fUll force and enect notwithstanding any
<br />:mro 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 />Personll1 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 replacements of,
<br />end 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, security 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 />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 />RaATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING 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 LOANLlNER~ Home 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 IInd use. Until the occurrence of an Event of Default, Grantor may (a) remain in possession and control of the Properly, (b) use,
<br />operate or manage the Property, and (c) collect any Rents from the Property.
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<br />Duty to MlIIntaln. Grantor shall meifllain t~ Pr.operty in tenantable condition and promptly perform all repairs and maintenance necessary to
<br />preserve its value.
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<br />HlI%ardous 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 Superfund Amendments and Reauthorization Act rSARA"), applicable state or Federal
<br />laws, or regulations adopted pursuanlto 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 tuture claims against Lender tor indemnity or contribution in the event Grantor becomes liable for cleanup or
<br />other costs 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 indemnify shall survive the payment of the Indebtedness and the satisfaction of
<br />this Deed of Trust.
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<br />Nulsence, WlISte. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping Of or waste on or to the
<br />Property or any portion of the Property. Specifically withoullimitation, 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 ahend to
<br />Lender's interests and 10 inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust.
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<br />Compllllnce with Governmental 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 />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 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 to 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 L.EASE. If there is a Lease on the Property, Grantor will pay all rents and will strictly observe and per10rm on a timely basis all
<br />other terms, covenants. and conditions of lhe Lease. Grantor further agrees (a) not to surrender, terminale, or cancel the Lease, and (b) not to
<br />modify, change, supplement. alter. or amend Ihe Lease. eilher orally or in wrillng, without Lender's prior written consent. No estate In the Property,
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