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200401038 <br />LOAN: The Deed of Trust will secure your loan in the principal amount of $ 89,000.00 or so much thereof as may <br />be advanced and readvanced from time to time to MARTIN L. WISSING , <br />KARMAN K. WISSING , and <br />, the Borrower(s) under the Home Equity Credit Line Agreement <br />and Disclosure Statement (the "Note ") dated JANUARY 26 , 2004, plus interest and costs, late charges and all other <br />charges related to the loan, all of which sums are repayable according to the Note. This Deed of Trust will also secure the <br />performance of all of the promises and agreements made by us and each Borrower and Co- Signer in the Note, all of our <br />promises and agreements in this Deed of Trust, any extensions, renewals, amendments, supplements and other modifications of <br />the Note, and any amounts advanced by you under the terms of the section of this Deed of Trust entitled "Our Authority To <br />You." Loans under the Note may be made, repaid and remade from time to time in accordance with the terms of the Note and <br />subject to the Credit Limit set forth in the Note. This Deed of Trust shall secure the Note and any and all future advances made <br />to us by you. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding <br />secured principal future advances, not including sums advanced by Beneficiary to protect the security of this Deed of Trust, <br />exceed the following amount: $ 89,000.00 . This provision shall not constitute an obligation upon or commitment of <br />Beneficiary to make additional advances or loans to us. <br />OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage, grant and convey the Premises <br />to the Trustee. <br />BORROWER'S IMPORTANT OBLIGATIONS: <br />(a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises when <br />they become due. We will not claim any credit on, or make deduction from, the loan under the Note because we pay these taxes <br />and charges. We will provide you with proof of payment upon request. <br />(b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make major <br />changes in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises without first <br />getting your consent. We will not use the Premises illegally. If this Deed of Trust is on a unit in a condominium or a planned <br />unit development, we shall perform all of our obligations under the declaration or covenants creating or governing the <br />condominium or planned unit development, the by -laws and regulations of the condominium or planned unit development and <br />constituent documents. <br />(c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by fire, flood and any <br />other hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable approval. <br />The policies must be for at least the amounts and the time periods that you specify. We will deliver to you upon your request the <br />policies or other proof of the insurance. The policies must name you as "mortgagee" and "loss- payee" so that you will receive <br />payment on all insurance claims, to the extent of your interest under this Deed of Trust, before we do. The insurance policies <br />must also provide that you be given not less than 10 days prior written notice of any cancellation or reduction in coverage, for <br />any reason. Upon request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or <br />damage to the Premises, we will immediately notify you in writing and file a proof of loss with the insurer. You may file a <br />proof of loss on our behalf if we fail or refuse to do so. You may also sign our name to any check, draft or other order for the <br />payment of insurance proceeds in the event of loss or damage to the Premises. If you receive payment of a claim, you will have <br />the right to choose to use the money either to repair the Premises or to reduce the amount owing on the Note. <br />(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of the Premises, or part thereof, or for conveyance in lieu of condemnation, <br />all of which shall be paid to you, subject to the terms of any Prior Deed of Trust. <br />(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in doing whatever <br />you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises. Trustee shall <br />not be liable for any error of judgment or act done by Trustee, or be otherwise responsible or accountable under any <br />circumstances whatsoever. This Deed of Trust will be effective as a financing statement filed as a fixture filing with respect to <br />all fixtures included within the Premises and is to be filed for record in the real estate records of each county where any part of <br />the Premises (including said fixtures) is situated. This Deed of Trust shall also be effective as a financing statement covering <br />any other Premises and may be filed in any other appropriate filing or recording office. A carbon, photographic or other <br />reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a financing <br />statement for any of the purposes referred to in this paragraph. <br />(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Deed of Trust, you may, if you choose, <br />perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums owing on the <br />Note, on which you will charge interest at the interest rate set forth in the Note. If, for example, we fail to honor our promises <br />to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good condition and <br />repair or to perform any of our other agreements with you, you may, if you choose, advance any sums to satisfy any of our <br />agreements with you and charge us interest on such advances at the interest rate set forth in the Note. This Deed of Trust <br />secures all such advances. Your payments on our behalf will not cure our failure to perform our promises in this Deed of Trust. <br />Any replacement insurance that you obtain to cover loss or damages to the Premises may be limited to the amount owing on the <br />Note plus the amount of any Prior Deeds of Trust. <br />LOAN NO.: 80004523 Initials <br />FE- 4331(NE) (0205) Page 2 of 5 <br />ORIGINAL <br />