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<br />DEED OF TRUST <br />(Continued) <br /> <br />200902812 <br /> <br />Page 2 <br /> <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender and Trustee. <br /> <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 to grant <br />a security interest in Grantor's interest in the Personal Properly to Lender and is not personally liable under the Credit Agreement except as <br />otherWIse provided by contract or law, <br /> <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 Properly, facilities, additions and other construction on the Real Property. <br /> <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. SpecIfically, without limitation, thlt Deed of Trust <br />secures a revolving line of credit, which obligates Lender to make advances to Grantor so long as Grantor complies wtth 811 the terms of <br />the Credit Agreement. Such advances may be made, repaid, and remade from time to time. subject to the tlmltatlon that the total <br />outstandIng balance owing at anyone time, not Including finance charges on such balance at a nxed or vertable 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 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 credit may at <br />certain times be lower than the amount shown or zero. A zero balance does not tennlnate the line of credit or tennlnate Lender's <br />obligation to advance fUndS to Granlor. Therefore, the lien 01 this Deed of Trusl will remaIn In lull force and enect notwithstanding any <br />:zero balance. <br /> <br />Lease. The word "Lease" means any lease between Grantor and the Lessor of the Property. <br /> <br />Lender. The word "Lender" means NAFCO NE Federal Credit Union, its successors and assigns. <br /> <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 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 Properly. <br /> <br />Property. The word "Properly" means collectively the Real Properly and the Personal Property. <br /> <br />Real Property. The words "Real Property" mean the properly, inlerests and rights described above in the "Conveyance and Granr section. <br /> <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. <br /> <br />Trustee. The word "'ruslee" means the entity shown at the top of page one of this Deed of Trust. <br /> <br />THIS DEED OF TRUST AND, IF ANY, A SECURIT-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 />RELATe> DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLlOWING TERMS: <br /> <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~ Home Equity <br />Plan Credit Agreement and this Deed of Trust. <br /> <br />4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Properly shall be governed by <br />the fOllowing provisions: <br /> <br />Possess/on 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 Properly. <br /> <br />Duty 10 Maintain. Grantor shall maintain the Properly in tenantable condition and promptly perform all repairs and maintenance necessary to <br />preserve its value. <br /> <br />Hazardous Substances. Grantor represents and warrants that the Properly 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 or threalened 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 pursuant to any of the foregoing. Grantor authorizes Lender and ilsagents to enter upon the Property to make such <br />inspections and tests as Lender may deem appropriate to determine compliance of the Properly 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 indemnity and hold harmless Lender against any and all claims and losses resulting from a <br />breach 01 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. <br /> <br />Nutsance. Waste. 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 Properly. 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. <br /> <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 conditlons of this Deed of Trust. <br /> <br />Compliance wIth Governmental ReqUirements. Granlor shall promptly comply with all laws, ordinances, and regulations of all governmental <br />authorities applicable to the use or occupancy of the Properly. 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 Properly are not jeopardized. Lender may require Grantor to posl adequate security or a surety bond, <br />reasonably satisfactory to Lender, to protect Lender's interest. <br /> <br />Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Properly. 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 Properly. <br /> <br />5. COMPt..IANCE WITH LEASE. If there is a Lease on the Properly, Grantor will pay all rents and will strictly observe and pertorm on a timely basis all <br />other terms. covenants, and conditions 01 the Lease. Grantor further agrees (a) not to surrender, terminate, or cancel the Lease, and (b) not to <br />modify, change. supplement, alter. or amend the Lease. either orally or in writing. without Lender's prior written consent. No estate in the Properly, <br />