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DEED OF TRUST 2 0 0 9 0 8 716 Page 2
<br />(Continued)
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender and Trustee.
<br />Grantor. The word "Grantor' means any and all persons and entities executing this peed of Trust. Any Grantor who signs this Deed pf Trust, but
<br />doe'; nni sign the Credit Agreement, is Signing this Dead of Trust ootyL~ndernandas not personallyniablel utndert thehCred'ItlAg~ee entnde 1~0 pgia~
<br />a security interest in Grantor's interest in the Personal Property
<br />otherwise provided by contract or law.
<br />Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, fixtures, buildings,
<br />structures, mobile homes affixed nn the Heal Property, facilities, additions and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means aft principal and interest payable under the Credit Agreement and any amounts expended or
<br />advanced by Lender to discharge obligations of Grantor pr expenses incurred by Trustee or Lender to enforce obligations of Grantor Under this
<br />peed pf Trust, together with interest on such amounts as provided in this Deed of Trust. Speciflcelty, without Iimltation, this Deed of Trust
<br />secures a revolving Ilne of credit, which obligates Lender to make advances to Grantor so long as Grantor campties with ell the terms of
<br />the Credit Agreement. Such advances may tx made, repaid, and remade tram time to time, subject to the llmltetion that the fatal
<br />outstanding balance owing at any one time, not including finance charges an such balance at a fixed yr vaHAble rate or sum its provided
<br />in the Credit Agreement, any temporary averages, other charges, and any amounts expended or Advanced as provided In this paragrAph,
<br />shall not exceed the Gredit Limit as provided in the Credit Agreement. Notwithstanding the amount outstanding at any plu'ticuler time,
<br />this DCednosTbeslower thanhthe aamountdlshogwneorezE omoAn~ o~tancsvdoes notntearmtnatie th /lee at credit orit rminatedLende s
<br />o tb tgatlon to advance funds to Grantor. Therefore, the lien of this Deed of Trust wilt remain In full force and effect nptwlthstending any
<br />zero balance.
<br />LF~9M, The word "Lease" means any lease between Grantor and the Lessor of the Property.
<br />Lender. The word "Lender' means NAFGO NE Federal Credit Union, its sucnessors and assigns.
<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 actressipns, parts, end additions to, all replacements pt,
<br />and all substitutions far, 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 disposifipn of the Property.
<br />property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property- The words "Real Property" mean the property, interests and rights desnribed above in the "Conveyance and Grant" section.
<br />Related Documents. The wards "Related Documents" mean and include without limitation all promissory notes, nredtt agreements, loan
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, and all ether instruments and documents, whether now or hereafter
<br />existing, executed in oonnention with Grantor's Indebtedness to Lender.
<br />Trustee. The word "trustee" means the entity shown at the top of page one of this Deed of Trust. pAYMENT OF THE
<br />TNlS DEID OF TRUST AND, IF ANY, A SECURITY INTEREST IN THE PERSONAL PROPERTY, IS GIVEN TO SECURE (1)
<br />fNDEB't•~NECUMEHTS, AND THlS DEER OF TRUST. H S DEED OF TRU TLIS GIVEN AHD ACCEO ED ON THE FOLLOW NGGTERMS:NT, THE
<br />RE1AT1wD p0
<br />3. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Grantor shall pay to Lender all amounts secured by is
<br />peed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's pbligatpns under the LOANLINER~ Home Equity
<br />Plan Credit Agreement and this Deed of Trust.
<br />4. ppSSESSION AND MAINTENANGE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
<br />the toAowing provisions:
<br />possession and t1.na. Until the occurrence of en Event of Default, Grantor may (a) remain in possession and control of the Property, (b) use,
<br />operate pr manage the Property, and (c) collect any Rents from the Property.
<br />Duty to Maintain. 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 Haver will b9 so Ipng 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, Campensetion and Lrlrcalble statta or Federal
<br />amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Supertund Amendments and Reauthorization Act ("5ARA"), app
<br />laws, or regulations adopted pursuant to any of the inregoing. Grantor authorizes Lender and its ageh this section DfntheeDeed o Trust a Grantor
<br />inspections and tests as Lender may deem appropriate to determine compliance of the Property
<br />hereby (a) releases and waives any future claims against Lender for indemnity yr contribution in the event Grantor becomes liable far cleanup or
<br />other costs under any such laws, and (b) agrees to indemnity and hold harmless Lender againment of thealndeb ednessla~nd the sobs act on of
<br />breach of this paragraph of the Deed of Trust. This obligation to indemnity shall survive the pay
<br />this Deed pf Trust.
<br />Nulsancn, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, pr suffer any stripping of or waste nn or o e
<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 LendeBt all reasonable times to attend tp
<br />Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property
<br />Lender's interests and to inspect the Property far purposes of Grantor's compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Gavcrnmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulatons of all governmental
<br />authorities applicable to the use nr occupancy of the Property. Grantor may contest in good faith any such taw, ordinance, or regulation and
<br />withhold compliance during any proceeding, including appropriate appeals. so long as Grantor has notified Lander in writing prior to doing so and
<br />so long as Lender's interests in the Property are not jeopardized. Lender may require Grantor tp post adequate security or a surety bond,
<br />reasonably satisfactory to Lender, to protect Lender's interest. _
<br />Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall d to llrotecC and preserve thetF'roparty cts
<br />set forth above in this section, which from the character and use of the Property are reasonably nanassary p .
<br />5. COMPLIANCE WITH LEASE. If there is a Lease on the Property, Granter will pay all rents and will strictly observe and perform on a timely basis all
<br />other terms, covenants, and conditions of the Lease. Granter further agrees (a) not to surrender, terminate, pr cancel the Lease, and (b) apt to
<br />modify, change, suopiement. alter, or amend the Lease. either orally or in writing, without Lender's prior written consent. No estate in the Property,
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