Laserfiche WebLink
OCT-�6-201� 12:53 W�STERN NATIQNAL BANK 785 244 6256 P.002�009 <br />2oioo�5s� <br />�- MAXIMUM aBLIGATION 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 $ 160,000.00 . This limitation of amount <br />does not include interest, Inan cherges, commitment fees, brokerage commissinns, attorneys' fees and other charges <br />validly m ede pursuent to this �eed ofi Trust and does not apply to edvances (orinterest accrued on such edvances) <br />made under the terrns of this Deed of Trust to prntect Beneficiary security and ta perform any of the cnvenants <br />contained in this Deed of Trust. Future advances are contemplated and, along with nther future obligations, are <br />secured by this peed nf Trust even though all or part may not yet be advanced. Nothing in this Daed of Trust, <br />however, shell constitute a commitment to make edditionel or future loans or advances in any amount. Any such <br />commitment wauld need to be agreed to in a separate writing. <br />4. SECURED DEB7' C7EFWED. The term "5ecured Debt'" includes, but is not limited to, the following: <br />A. 7he promissory note�s►, contract�s►, guerantylies) or other evidence of de6t descrihed below end all extensions, <br />renewals, modifications or substitucians (Evidence of Debt), (When referencrng rhe debts bebw rt is suqqested <br />that you include items such as borrowers' names, note amounts, interest rates, maturrty dates, etc.1 <br />A PRAMISSQRY NDTE DATEU 10(01 J2010 IN THE AMOUNT OF S 160,000.00 El(ECUTEQ BY PANOWICZ CATTLE COMPANY LLC; MICHAEL A. <br />PANOWICZ, OWNER & INDIVIDUALI.Y; JOHN A PANOWICZ, OWNER AND INDIVOUALLY; ROBERT M. PANOWICZ, QWNER & INDIYIDUALLY; <br />B. All future advances fram Beneficiary to Trustor or other future nbligations of Trustar to �eneficiary under any <br />promi5sory note, contract, guaranty, or other evidence of debt existing now or executed after this Deed of Trust <br />whether or not this Deed of 7rust is specifically referred to in the evidence of debt. <br />C. All obligetions Trustor owes to Beneficiary, which now exist or may later arise, to the extent not prohibited by <br />law, including, but not limited tn, liebilities for overdrafts relating to any deposit account agreement batween <br />Trustor and Beneficiary. <br />D. All additinnal sums advanced and expenses incurred by Beneiiciary for insuring, preserving or otherwise <br />protecting the Property and its value and eny other sums edvanced and expenses incurred by Beneficiary under <br />the terms of this Deed nf Trust, plus interast at the highest rate in effect, frnm time tn time, as provided in cha <br />Evidence of Deht. <br />�, Trustor's perfarmance under the terms of any instrument evidencing a debt by Trustor to eeneficiary and any <br />peed of Trust securing, guarentying, or otherwise relating to the debt. <br />If more than vne person signs this Deed of Trust as 7rustor, each Trustor agrees that this Deed of Trust will s�cure all <br />future advances and future obligatians described ahove that are given to nr incurred by any one or more Trustor, or <br />any one or more Trustor and others. This Deed of Trust will not secure any other debt ifi Beneficiary fails, with respect <br />to such other debt, to meke any required disclosure about this peed of Trust nr if Beneficiery fails to give any required <br />notice of the right of re5cission. <br />5. PAYMENTS. Trustor agrees to meke all payments on the 5ecured Debt when due and in accordance with the terms of <br />the Evidence af Debt or this �eed af Trust. <br />6. WARRANTY OF TITLE. Trustnr cnvenants that 7rustor is lawfully seized of the estate cnnveyed �y this qeed af Trust <br />end h�s the right to irrevocably grant, convey and sell to Trustee, in trust, with power vf sale, the Property and <br />warrants that che Property is unencumbered, except for encumbrances af record, <br />7. CLANMS AGANNS7 TITLE Trustor will pay sll tsxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Property when clue. Beneficiary may require Trustor to provide to Benefieiary <br />anpies nf all nntices that such amounts are due and the reoeipts evidencing Trustor's payment. Trustor will defend title <br />to the Property against any claims that would impair the lien of this Desd of Trust. Trustor agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, claims or defenses which 7rustor mey have against parties who <br />supply labor or materials to improve or maintain the Property. <br />8. PRIOR SECURITY INT�RESTS. With reqard to any other mortgage, deed of trust, security agreement or other lien <br />document that created a priar security interest or encumbrance nn the f'roparty and #hat may have priority over this <br />peed of Trust, Trustor agrees: <br />A. Tn make all payments when dus and to pe�form or comply with all cnvenants. <br />B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />C, Not to make or permit any mndificatian or extension af, and not to request nr accept any future advances under <br />eny note or agreement secured py, the other mortgage, deed of trust or security agreement unless Benefiiciary <br />cansents in writing. <br />9. DU� ON Sf�1LE OR �NCUMBRANC�. Beneficiary may, at its optinn, declare the entire balance af the Secured pebt to <br />be immediately due and payable upon the creation of any lien, encumbrance, transfier, or sale, or contract for eny of <br />these on the Property. Hnwever, if the C'raparty includes Trustor's residence, this sectinn shall be subject to the <br />restrictions imposed by federal law (12 C.F.R. 691►, as applicable. For the purposes of this section, the term <br />"Property" also includes any interest to all or any part af 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 �F AN INTEREST IN THE GRANTaR. If Trustor is an entity other than e netural person (such as a <br />corpnration ar ather organization►, Beneficiary may demand immediate payment if (1! a beneficial inte�est in Trustor is <br />sold pr transferred; (7) there is a change in either the identity or num6er of inembers of e partnership; or (3► there is a <br />fpa,ye 2 0l 81 <br />