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<br />200809599
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<br />DEED OF TR UST
<br />(Continued)
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<br />Deed 01 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 01 Trust. Any Grantor who signs this Deed of Trust, but
<br />does not sign the Credil Agreement, is signing this Deed of Trust only 10 grant and convey that Grantor's interest in the Real Property and to grant
<br />a security Interest in Granlor's interest in the Personal Property to Lender and is not personally liable under the Credit Agreement except as
<br />otherwise provided by contracl 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, tacililles, additions and other construction on Ihe 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 10 discharge obligalions of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this
<br />Deed of Trust, logether with Inlerest on such amounts as prOVIded in this Deed or Trust. Specifically, wllhout limitation, this Deed 01 Trust
<br />secure~ a revolving line 01 credit, which obligates Lender to make advances to Grantor so long as Grlll1lor complies wnh all the terms 01
<br />the Credit Agreement. Such advtInces mtlY be made, repaid, and remade from lime 10 time, SUbJecl 10 the limitation that the lotal
<br />outstanding baltlnce owing tit anyone time, not Including rlnance chtlrges on SUCh balance al a nxed or varlable rate or sum as prOVided
<br />In the Credit Agreemenl, any lemporary overages, other chtlrges, and any amounts expended or advanced as proYlded In this peragrllph,
<br />shtlll not exceed the Credit Limit liS provided in the Credit Agreement. Notwlthsltlndlng Ih! amounl oulstandlng at any particular time,
<br />this Deed 01 Trust secures th! lolal Credit Agreement amount shown abev!. Th! unpaid balance ot the reyolvlng Itne 01 credit may at
<br />certain times be lower than the amount shown or zero. A zero balance does not t!rmlnale the line 01 credit or terminate Lender's
<br />obligation to advance tunds 10 GrllOlor. Thererore. the lien 01 this Deed or Trust will remain In tull force and enect notwithstanding any
<br />zero balance.
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<br />Lease. The word "'Lease' means any lease between Grantor and lheLessorof the Property.
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<br />Lender. The word "'Lender" means NAFCO NE Federal Credit Union, Us 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 10 the Real Property; together wilh all accessions, parts, and additions to, all replacements of,
<br />and all subs~tutions 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 Ihe "Conveyance and Granr section.
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<br />Related DoCuments. The words "Related Documents" mean and include withoul limitation all promissory notes, credit ag~ments, 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 (') 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 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 striclly and in a timely manner periorm all of Grantor's obligations under the LOANLlNER~ Home Equity
<br />Plan CredU 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 mey (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. Granlor shall maintain the Property in tenantable condition and promptly periorm all repairs and 'maintenance necessary to
<br />preserve i\?value.
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<br />t-\AZZlrdous 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 Ihe Property, used lor the generation, manufacture, storage, treatment, disposal, release or threatened release of any hB2llrdous
<br />waste or substance, as lhose terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br />amended, 42 U.S.C. Section 9601, el seQ. ("CERCLA"), the Superiund Amendments and Reauthorization Act rSARA"), applicable state or Federal
<br />laws, or regulations adopled pursuanl to any 01 the loregoing. Granlor 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 tM Deed of Trust. Grantor
<br />hereby (a) releases and waives any future claims against Lender lor indemnity or contribution in the event Grantor becomes liable for cleanup or
<br />olher costs under any such laws, and (b) egrees to indemnity and hOld harmless Lender against any and all claims and losses resufting trom e
<br />breach of this paragraph of lhe Deed of Trust. This obligalion to indamnity shall survive the payment 01 the Indebtedness and the satisfaction of
<br />this Deed of Trust.
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<br />Hulsence, Waste. Granlor shall nol cause, conduct or permit any nuisance nor commit, permil, or suffer any stripping of or waste on or to the
<br />Property or any portion of the Property. Specifically without limitation, Granlor will not remove, or grant to any olher party the right to remove, any
<br />timber, minerals (including oil and gas), soil, gravel or rock products without the prior wrinen 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 10 attand to
<br />Lander's interests and to inspect the Property for purposes of Grantor's compliance with the lerms and conditions of this Deed of Trust.
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<br />Compliance wllh Govemmentel Requirements. Grantor shall promplly 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 securily Of a surely bond,
<br />reasonably satiSfactory to Lender, 10 protect Lender's interest.
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<br />Duty to Prolect. Granlor agrees neilher 10 abandon nor leave unaMended the Property. Grantor shall do all other acts, in addition \0 those acls
<br />sat forth above in this section, which from lhe characler and use of the Proparty are reasonably necessary to protect and preserve the Property.
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<br />5. COMPliANCE WITH LEASE. If there is a Lease on Ihe Property, Grantor will pay all rents and will stricl1y observe and periorm on a timely basis all
<br />other terms, covenants, and conditions 01 Ihe Lease. Grantor further agrees (a) nol 10 surrender, lerminale. or cancel the Lease, and (b) not 10
<br />mnr1Tt1l ,.,hAnnp.. ~IJnnlp.mp.n\ AllAr. or Amend the Lease. either orally or in wriling. withoul Lender's prior written consent. No eslale in Ihe Property,
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