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DEED OF TRUST Page 2 '
<br /> �$ �(y3i�79 (Continued)
<br /> Deed of Trust. The words"Deed of Trust"mean this Deed oi Trust among Grantor,Lender and Trustee.
<br /> G�antor. 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 Property to Lender and is not personalty liable under the Credit Agreement except as
<br /> otherwise provided by Contract or Iaw.
<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.
<br /> Indebtedness. The word "Indebtedness" means ali 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,wlthout Ifmitation, this Deed of Trust
<br /> xcures a revolvin9 Iine ot credit,which obliyates Lender to make advances to Grantor so lony as Granto�complies with all the terms of
<br /> the Credit Apreement. Such advances may be made, repaid, and remade hom time to time, subject to the Ifmitatlon that the total
<br /> outstandfny balance owing at any one time,not including tinance char9es on such balance at a 11xed or varlaAle rate or sum as provided
<br /> in the Credit A�reement,any temporary overages,other charges,and any amounts expended or edvanced as provided in Mis parayraph,
<br /> ahall nof exceed the Credit Limit as provided in the Credit Ayreement. Notwithstandin�the amount outatandin�at any particular tlme,
<br /> Mis Deed of Trust secures the total Credit Agreement amount shown above. The unpaid balance of the revolvin9 Iine of credit may at
<br /> cMaln tlmes be lower than the amount shown or zero. A aero balance does not terminate the Ilne ot credit or terminate Lender's
<br /> obliystlon to advance funds to Grantor. Therefore,the Ifen of this Deed of Trust wlll remain in full force and eftect notwlMstandlny any
<br /> zero balance.
<br /> Lease. The word"Lease"means any Iease between Grantor and the Lessor ot the Property.
<br /> Lender. The word"Lersde�'means NAFCO NE Federal Credit Union,its successors 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 Reai Property;together with all accessions,parts,and addifions to,all replaCements of,
<br /> and all substitutions for,any of such property; and together with all proceeds (including without limitstion all insurance proceeds and refunds of I
<br /> premiums)hom any sale or other disposition of the Property.
<br /> Property. The word"Property"means collectiveiy the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"section.
<br /> Related OoCUments. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> egreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereaRer
<br /> existing,e�ceCUted in connection 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.
<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 /> RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> 3. PAYMENT ANO 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 fhe LOANLINER�Home Equity
<br /> Plan Credit Agreement and this Deed of Trust.
<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:
<br /> Posaeaafon and Use. Until the occurrence oi 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 hom 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 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 Liabillty Act ot 1960, es
<br /> amended,42 U.S.C.Section 9601,et seq.("CERCLA"),the Supertund Amendments and Reauthori2ation 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 ot 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 cteanup or
<br /> other cosls under any such Iaws, and (b)agrees to indemnify and hold harmless Lender against any and all claims and losses resultin9 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 satlsfaction of
<br /> this Deed of Trust.
<br /> Nulaence,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 po�tion 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.
<br /> Lender's Rlght to Enter. �ender and its agents and representatives may enter upon the Real Property at all reasonable 6me5 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.
<br /> Compllance wlth Governmental Requfrements. Grantor shall promptly comply with all Iaws, ordina�, and reputallons of all flovernmental
<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 /> withhdd compliatx�during any proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing prior to dang so and
<br /> so long as Lender's interests in the PropeRy are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
<br /> reesonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to ProteCt. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shell do all other acts,in 8ddition to those acts
<br /> set forth above in this section,which from the character and use of the Property are reasonably necessary to protect 8nd presenre the Property.
<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 ell
<br /> other terms, covenants, and conditions of 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 �ease. either orally or in writing, without Lender's prior wntten consent. No estate in the Property,
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