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~0~005440 <br />3. MAXIMUM OBLI(iAT10N LIMIT, The total principal amount of the Secured Debt thereafter defirwdl secured by this <br />Deed of Trust at any one time shall not exceed 6 34_B.ppp.Dp _ __ ___ _ .this limitation of amount <br />does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other pharges <br />validly made pursuant to thin Dead of Trust and dpes 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 peed of Trust. Future advances era contemplated and, along with other future obligations, era <br />secured by this Daed of Trust even though ap ar part may oat yet be advanced. Nothing in this Dsed 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 />p. SECURED DEBT DEFINED, the term "Secured Debt" includes, but is not limited to, the following: <br />A. The promissory Hotels/, contractlsl, guarantylies) vt other evidence of debt described below and all extensions, <br />renewals, modifications pr substkutions (Evidence of Debtl. (When raferoncing the debts below it is suggested <br />that you include items such as borrowers' names, nof9 amounts, interest rates, maturity dates, ete.J <br />A f'RDMISSORY NOTE OATEO JULY 20, 2010 IN THE AMOUNT Df t34B,ODD.Op EXECUTED BY DONALD G SCHWEITZER AND KATHY S SCHWEITZER. <br />HUSBAND ANp WIFE. <br />B. All future advances from 8enaficiary to Truatar or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or ether evidence of debt existing now or executed after this Deed of Trust <br />whether or not this peed of Trust is specifically referred to in the evidence of debt. <br />C. All obligations Truatar awes to Beneficiary, which now exist pr may later arise, to the extent not prohibited by <br />law, including, but not limited to, liabilities far overdrafts relating to any deposit acpaunt agreement between <br />Trustor and Beneficiary. <br />D. All additional sums advanced and expenses Incurred 6y 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 Daed bf Trust, plus interest at the highest rata in effect, from time to lima, as provided in the <br />Evidenoe of Debt. <br />E. Trustor': performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any <br />peed of Trust securing, guarantying, or otherwise relating to the debt. <br />If more than one person signs this Deed of Trust as Truatar, each Trustor agrees that this Daed of Trust WRi secure all <br />future advances and future abligadona described above that ere given to or incurred by any one or more Trustor, ar <br />any one ar mare Trustor and others. This Dead of Trust will 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 nr if Beneficiary fails to give any required <br />notice of the right at 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 ar this peed of Trust. <br />B. WARRANTY OF TITLE. Truster covenants that trustor is lawfully seized of the estate conveyed by this peed of Trust <br />and has the right to irrevocably grant, convey end sell to Trustee, in trust, with power of sale, the Property and <br />warrants that the Property is unencumbered, expept fpr encumbrances of record. <br />7. CLAIMS AQAIN5T TITLE. Truster will pey all taxes, assessments, liana, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Property when due. Beneficiary may require Truster to provide to Beneficiary <br />copies of all Helices that such amounts are due and the receipts evidencing Trustor': payment. Trustor will defend title <br />to the Property against any claims that would impair the lien of this Deed of Trust. Truatar agrees tp assign to <br />Beneficiary, as requested by Beneficiary, any rights, plaima or defenses which Trustor may have against parties who <br />supply labor or materials to Improve or maintain the Property. <br />8. PRIOR $ECURItY 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 />peed of Trust, Truster agrees: <br />A. 7a make all payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Elenaficiary 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 under <br />any Hate or agreement secured by, the other mortgage, deed of trust ar security agreement unless Itenefiniary <br />consents in writing. <br />9. DUE ON SALE OR ENCUMBRANt;E. Beneficiary may, at its option, declare the entire balance of the Secured Dabt to <br />be immediately due and payable: upon the cretatian pf any lien, encumbrance, transfer, or sale, or contract for any of <br />these on the Property. Wawever, if the Property includes truator's residence, thin section shall be subject to the <br />restrictions imposed by federal law 112 C.F.R. 5911, 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 />10. TRANSFER OF AN INTEREST IN 1WE GRANTOR. If trustor is an entity other than a natural parson (such as a <br />corparstion ar other organization), Beneficiary may demand immediate payment if 111 a beneficial interest in Trustor is <br />sold or transferred; 121 there is a ohange in either the identity or number of members of a partnership; or (3) there is a <br />~~ /vase s or a~ <br />m 1993, 2001 a1lnFws ayilNnP. lm.• St. Cloud, MN Faen AOCO~HESGNE 1 /17/4003 <br />