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MAY-13-2011 12:27 WESTERN N�TIONAL BANK 785 244 6256 P.001i001
<br />201103679
<br />3• MAXIMUM OBLIGATION LIMIT. The total principal emount of the Secured Debt (hereafter defined) secured by this
<br />Deed of Trust at any one time shall not exceed S 52,132.83 . 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 adva�cesl
<br />made under the terms of this Deed of Trust to protect Beneficiary security and to perform eny of the covenants
<br />contained in this Deed of Trust. Future advances are contemplated and, alcng with other future obligations, are
<br />secured by this Deed of Trust even though atl or part may not yet be advanced. Nothing in this Deed of Trust,
<br />howeve�, 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 nat limited to, the following:
<br />A. The promissory notelsl, contractlsl, guarantyliesl or other evidence of debt described below and all extensions,
<br />renewals, modifications or substitutions (Evidance of Debt1. fWhen ieferencing the debts below it is suggested
<br />that you include items such as borrowers' names, note amounts, inteiest rates, maturity da[es, etc.J
<br />A PROMISSORY PIOTE DATED 05�t3�2011 IN THE AAAOUNT OF 552,132.83 EXECUTED BY MARLIN ANO SHARON K. SCHWEITZER AIUD NICHOLAS J.
<br />SCHWEITZER.
<br />B. All future advances from Beneiiciary to Trustor or other future obligations of Trustor to Beneficiary under any
<br />promissory note, contract, guaranty, or other evidence of debt existing now or 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 now exist or may later arise, to the extent not prohibited by
<br />law, including, but not limiied to, liabilities for overdrefts relating to any deposit account agreemeni between
<br />Trustor and Beneficiary.
<br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise
<br />protecting the P�openy 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 evidenci�g 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 T�ustor agrees that this Deed of Trust will secure all
<br />future advences and future obligations described above that are given to or 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 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 a�y 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 gra�t, convey and sell to Trustee, in trust, with power of sale, the Property and
<br />warrants that the Property is unencumbered, except for encumbrances oi record.
<br />7. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,
<br />utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary
<br />copies of atl 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 hy Beneficiary, any rights, claims or defenses which Trustor may have againsi parties who
<br />supply labo� or materials to imp�ove or maintain the Property.
<br />8. PRIOR 5ECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
<br />document that created a prior security interest or encumbrence 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 or comply with all covenants.
<br />B. To prompily deUver to Beneficiary any notices that Trustor receives from the holder.
<br />C. Not to make or permit a�y modification or extension of, and not to request or accept any future advances under
<br />any note or agreement secured by, the othet 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 io the
<br />restrictions imposed 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 covenarrt 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 ARI INTEREST IN THE GRANTOR. If Trustor is an entity other than a natural person Isuch as a
<br />corporation or other organizationl, Beneficiery may demand immediate payment if (1) a beneficiel interest in Trustor is
<br />sold or transferred; (2) there is a change in either the identity or number of inembers of a partnership; or (3) there is a
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<br />TOTAL P.001
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