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200209092 <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this <br />Deed of Trust at any one time shall not exceed 5 78 000.00 . This limitation of amount <br />does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges <br />validly made pursuant to this Deed of Trust and does not apply to advances (or interest accrued an such advances) <br />made under the terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants <br />contained in this Deed of Trust Future advances one contemplated arid, along with other future obligations, are <br />secured by this Deed of Trust even though all or part may not yet be advanced Nothing in this Decd of Trust, <br />however, shall aonetltute a aormnilment to make additional or future loans or advances in any amount. Any such <br />cornmibnent would need to be agreed to in a separate writing. <br />4. SECURED DEBT DEFINED. The Tenn "Secured Debt" includes, but is not limited to the following. <br />A. The promissory notate), contractile), guarontynes) or other evidence of debt described below and all extensions, <br />renewals, modifications or substitutions ( Evidence of Debt). (When referencing the debts below it is suggested <br />That you include items such as bnvnwers' names, note amounts, interest rates, maturity dates, etc.) <br />Heritage Bank Loan p 3300543 dated May 7, 2002 in the amount of $78,000.00. <br />B. All future advances from Beneficiary to Truster or other future obligations of Trustor to Beneficiary under any <br />Promiesary note, contract, guaranty, or other evidence of debt existing now or executed after this Deed of Trust <br />whether or not Ili is Deed of Trust is specif[cal by referred to in the evidence of debt. <br />C. All obligations Truster owes to Beneficiary, which now exist or may later arise, to the extent not prohibited by <br />law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between <br />Truster and Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise <br />protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary under <br />the terms of this Deed of Trust, plus Interest at the highest rate in effect, from time to time, as provided in the <br />Evidence of Debt, <br />E. Truster's performance under the terms of any instrument evidencing a debt by Truster to Beneficiary and any <br />Dead of Trust securing, guarantying, or otherwise relating to the debt. <br />If more than one person signs this Deed of Trust as Truster, each Truster agrees that this Dead of Trust will sooner all <br />future advances and future obligations described above that are given to or incurred by any one or more I ru.star, nr <br />any one or more Trustor and others. This Deed of Trust will not secure any other debt if Beneficiary fails, with respect <br />to such other debt, to make any required disclosure ahorrt this Dead of Imst or if Beneficiary fails to give any required <br />notice of the right of rescission. <br />5. PAYMENTS. Truster agrees to make all payments on the Sacured Light when due and in accordance with the terms of <br />the Evidence of Debt or this Deed of Trust. <br />6. WARRANTY OF TITLE. Trustor covenants That I mator is lawfully seized of the estate conveyed by this Dead of Trust <br />and has the right to irrevorahly grant, convey and sell to Trustee, in trust, with power of sale, the Property and <br />warrants that the Property is rmencumherad, accept for encumbrances of record. <br />7. CLAIMS AGAINST TITLE. Truster will pay all taxes, assessments, liens, encumbrances, lease payments, ground runts, <br />utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary <br />copies of all notices that such am oun is are due and the r ace lure evidencing Tru star's payment. Truster w lb defend title <br />to the Property against any claims that would impair the lien of this Deed of Trust, Truster agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, claims or defenses which Truster may have against parties who <br />supply labor or materials to improve or maintain the Property. <br />S. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br />document that created a prior security inleresl or encumbrance on the Property and that may have priority over this <br />Deed of Trust, Truster agrees, . <br />A. To make all payments when due and to perfenn or cmnPly with all covenants. r. <br />B. To pr onrp lly out ivw to Beneficiary any notices that Tru star receives from the holder. <br />C. Not to make or permit any modification or extension of, and not to request or accept any future advances under <br />any nine or agreement secured by, the other mortgage, deed of trust or security agreement unless Beneficiary <br />consents in writing. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br />be immediately due and payable upon the creation at any lien, encumbrance, transfer, or sale, or contract for any of <br />These on the Property. However, if the Property includes Trustor's residence, this section shall be subject to the <br />(says 2 0/ R) <br />F��rW c- less, zoos T -1—sy--, ^ t clue, mu a ",m naco sale ee snraooa <br />