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-R�co�D� <br />.201�.0'�86'� 2011032�2 <br />, � <br />3. MAXIMUM OBUGATION LIMIT. The total principal amount of the Secured .Debt �lher�after defined) secured by this <br />Deed of Trust at any one time shall not exceed S 850,000.00 , 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 witfi other fu'tyre obligations, are <br />secured ,by ; this Deed of . Trust even thaugh all or part may , not yet be advanced. No,tFiing in ih�s,:, Deea 'of Trust, <br />however, shall co,nstitute a coinmitment to make additional .or,future loans .or'adva_nces 'in .any amount: �Any such <br />commi�ment 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 fQllowing. '.�� <br />A. The promissory nofsis), contract(s); guaranty(ies) :or other evidence of debt d.escribed below and all extensions, <br />renewals, modifications or substitutions IEvidence of Debt). (When �eferencing tlie debts below it is suggested <br />that you include items such es bo�rowe�s' names, note amounts, inferest rates, inaturity daies, etc.1 <br />LOAN N11101600 DATED: 0412512011 IN THE AMOUNT OF 5850,000.00 IN THE NAME OF CAPITAL MOBILE HOME PARK, LLC, SUSAN L. LINSCHEID, <br />MELVIN W. LINSHEIO <br />B. All future advan�es from Beneficiary to Trustor or oiher future obligations of T,rt�stor 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 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 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 fhis, 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 7rustor, or <br />any one or more Trustor and,others: This Deed of Trust will not secure any debt if Beneficiary fails, with respect <br />to such other debt, to make any r.equired, disclosure about this Deed of Trust or, if Beneficiary fails to give any .tequired <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 to 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 Trusior may have..against parties who <br />supply labor or materials to improve or maintain the Property. <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 />Deed of Trust, Trustor agrees: <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 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 th.e 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 (12 C:F:R. 591), as applicable.. For:the. purposes of this secti�n,: ihe term <br />"Property" also .includes any interest to all or any part of the Proper#y. This� covenant. shall run with;the Property and <br />' shall �remain in .effect until fihe .Secured: Debt is paid in fuH and this Deed of Trust is;releas�d. ., . , <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 inembers of a partnership; or (3) there is a <br />`��//' p f/ fPage of 1 <br />' (/i/C� <br />�j "" �01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-NE 1/17/2003 <br />