Pike

appeals from a judgment, after court trial, awarding respondent $4,000 on a promissory note, together with accrued interest and attorney’s fees. The facts are undisputed.

In 1958 Ray Pike loaned $54,562 to Russell M. Edson and Anna E. Edson for the purchase of a nursing home. The loan was evidenced by a promissory note calling for $250 monthly payments on principal, pay able on the tenth day of each month, and monthly interest payments on the unpaid balance at the rate of 8 percent per annum, and was secured by a first deed of trust against the nursing home. The deed of trust, hereafter referred to as the Pike-Edson trust deed, provided for additional loans, and in this respect contained the following provision: “. . . any additional sums and interest thereon which may hereafter be loaned to the Trustor or his successors or assigns by the Beneficiary, and the performance of each agreement herein contained. Additional loans hereafter made and interest thereon shall be secured by this Deed of Trust only if made to the Trustor while he is the owner of record of his present interest in said property, or to his successors or assigns while they are the owners of record…