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<br />200602160 <br /> <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this <br />Deed of Trust at anyone time shall not exceed $ $140.049.00 . This limitation of amount <br />does not include interest, loan charges, com m itment fees, brokerage com missions, attorneys' fees and other charges <br />validly made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on 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 are contemplated and, 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 Deed of Trust, <br />however, shall constitute a commitment to make additional or future loans or advances in any amount. Any such <br />com m itment would need to be agreed to in a separate w riling. <br /> <br />4. SECURED DEBT DEFINED. The term" Secured Debt" includes, but is not limited to, the follow ing: <br />A. The promissorx ~ot~(s), contract(s), .guaranty(ies) or other evidence of debt described below a~d all extensions, <br />renewals, modificatIOns or substitutions (EVidence of Debt). (When referencing the debts below It is suggested that <br />you include items such as borrowers' names, note amounts, interest rates, maturity dates, ete.) <br /> <br />Fixed Rate Promissory Note dated 1667056 in the amount of $140,049.00 and <br />maturing on 03/10/2011 <br /> <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br />prom issory note, contract, guaranty, or other evidence of debt existing now or executed after this Deed of <br />Trust whether or not this Deed of Trust is specifically referred to in the evidence of debt. <br />C. All obligations Trustor 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 />Trustor and Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherw ise <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. Trustor's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any <br />Deed of Trust securing, guarantying, or otherw ise relating to the debt. <br /> <br />If more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust w ill secure all <br />future advances and future obligations described above that are given to or incurred by anyone or more Trustor, or <br />anyone or more Trustor and others. This Deed of Trust w ill not secure any other debt if Beneficiary fails, with respect <br />to such other debt, to make any required disclosure about this Deed of Trust or if Beneficiary fails to give any required <br />notice of the right of rescission. <br /> <br />5. PAYMENTS. Trustor agrees to make all payments on the Secured Debt when due and in accordance with the terms <br />of the Evidence of Debt or this Deed of Trust. <br /> <br />6. WARRANTY OF TITLE. Trustor covenants that Trustor is lawfully seized of the estate conveyed by this Deed of <br />Trust and has the right to irrevocably grant, convey and sell to Trustee, in trust, with power of sale, the Property and <br />warrants that the Property is unencum bered, except for encum brances of record. <br /> <br />7. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground <br />rents, utilities, and other charges relating to the Property w hen due. Beneficiary may require Trustor to provide to <br />Beneficiary copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor <br />w ill defend title to the Property against any claims that would im pair the lien of this Deed of Trust. Trustor agrees to <br />assign to Beneficiary, as requested by Beneficiary, any rights, claims or defenses which Trustor may have against <br />parties who supply labor or materials to improve or maintain the Property. <br /> <br />8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br />document that created a prior security interest or encumbrance on the Property and that may have priority over this <br />Oeedaf Trust, Trustor a@fees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that Trustor 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 <br />under any note or agreement secured by, the other m ortgage, deed of trust or security agreem ent unless <br />Beneficiary consents in writing. <br /> <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt <br />to be immediately due and payable upon the creation of 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 />restrictions im posed by federal law (12 C. F.R. 591), as applicable. For the purposes of this section, the term <br />"Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and <br />shall remain in effect until the Secured Debt is paid in full and this Deed of Trust is released. <br /> <br />10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Trustor is an entity other than a natural person (such as a <br />corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial interest in Trustor is <br />sold or transferred; (2) there is a change in either the identity or number of members of a partnership; or (3) there is a <br /> <br />Loan Number 1667056 <br /> <br />~ 01993, 2001 Bankers Systems. Inc.. St. Cloud, MN Form AGCO.RESI.NE 1/17/2003 <br />..C595(NE) (0307).01 <br />@ <br /> <br />r-L <br /> <br />(page 2 of 8) <br />