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2oiao2277 ~~ ~ .. <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 S 1,OOO,D00.00 ,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 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' hvt 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 />commitment would need to be agreed to in a separate writing. <br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: <br />A. The promissory note(s), contract(s-, guaranty(ies) or other evidence of debt described below and all extensions, <br />renewals, modifications or substitutions (Evidence of Debtl. (When referencing the debts be/ow ii is suggested <br />that you include items such as borrowers' names, note amounts, interest rates, maturity dares, etc.) <br />Bank of Doniphan loan N39690 in the amount of 5250,000.00 <br />_B.. All, futur_.e advances from Beneficiary to Trustor,. or other future .obli.gatons of Trustor to Beneficiary under any <br />promissory note, contract, 'guaranty; or other evidence of debt existing riow ar executed after this Deed of Trust <br />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 nvw exist or may later arise, to the extent not prohibited by <br />law, including, but not limited tv, 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 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. 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 otherwise relating to the debt, <br />If more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust will secure all <br />future advances and future obligations described above that are given to or incurred by any one or more Trustor, ar <br />any one or mare Trustor and a#hers. This Deed of Trust, will not secure any other .debt if. Beneficiary fails, with respect <br />tv such other debt; to make any required disclosure about this Deed of Trust or if Beneficiary fails to give arty required <br />notice of the right of rescission., <br />5, PAYMENTS. Trustor agrees to make all, payments on the Secured Debt 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 Trustor is lawfully seized of the estate conveyed by this Deed of Trust <br />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 unencumbered, except for encumbrances of record, <br />7. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating tv the Property when due. Beneficiary may require Trustor to provide to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will defend title <br />to the Property against any claims that would impair the lien of this Deed of Trust. Trustor agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, claims or defenses which Trustor may have against parties who <br />supply labor ar materials to improve or maintain the Property.' <br />8, PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement yr other lien <br />document that created a prior security interest or encumbrance on the Property and that may have priority over this <br />Deed of Trust, Trustor agrees: <br />A. To make all payments when due and to perform ar comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />G. Not to make or permit any modification or extension of, and not to request or accept any future advances under <br />any note 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 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 imposed by federal law (1,2 C.F.R. 5911, as applicable. For the purposes of-this section, the term <br />"Property" also includes any interest tv all:.or any part of the Property,' This covenan# shall run with the Property and <br />shall remain in effect until the. Secured .Debt is paid in full and this peed af.Trust is released. <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; (21 there is a change in either the identity or number of members of a partnership; or 131 there is a <br />/page 2 of 8J <br />~~" Cg 1993. 2pD1 Bankers Systems, Inc., St. Claud, MN Form AGCD-REST-NE 1!1712003 <br />