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Box 313 <br />Geneva, NE 68361 FOR RECORDER'S U$E ONLY <br />�� � <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 540,000.00. <br />THIS DEED OF TRUST is dated May 17, 2011, among David A Bahe and Kari K Bahe, whose addres� is 1402 <br />West Street, Wood River, NE 68883; Husband and Wife ("Trustor"); Geneva State Bank, whose address is <br />Kearney Branch, 3720 2nd Ave., Kearney, NE 68847 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and GENEVA STATE BANK, whose address is P.O. Box 313, Geneva, NE 68361 <br />(referred to below as "Trustee"). <br />CONVfYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's �ight, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or effixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all watar, water <br />rights and ditch rights (including stock in utilities with ditcfi or irrigation rights); end ell other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the ° R�81 PI'Operiy") IOCated In Hall <br />County, State of Nebraska: <br />The Southerly 105 Feet of Lot 8, Block 1, West North Lawn Second Addition, City of Wood River, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 1402 West Street, Wood River, NE 68883. The Real <br />Property tax identification number is 400180987. <br />FUTURE ADVANCES. !n addition to tha Note, this Deed of Trust secures ell future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances lexcluding interest) exceed in the aggregate S40,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and ell Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rants. <br />THIS DEED OF TRUST, INGLUDINQ THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shell strictly and in e timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSIOIV AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />govemed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use, oparate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly. perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatmant, disposal, release or threatened release <br />of any Hazardous Substance in violation of any Environmentel Laws. Trustor authorizes Lender end its agents to enter upon the <br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this <br />section of the Deed of Trust. Trustor hereby (1) releases and waives any future ciaims against Lender for indamnity or contribution <br />in the event Trustor becomes liable fc�r cleanup or othec cos�s under any such Jaws, and (2) agrees_i4 inder�_nify, defend, and hold <br />harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation <br />to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this <br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the <br />Real Property. A"sale or transfer" means the conveyance of Real Property ar any right, title or interest in the Real Property; whether legal, <br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract <br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any <br />beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real <br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in all events prfor to delinquency) all taxes, special taxes, assessments, charges (including <br />weter and sewerl, fines and impositions levied against or on account of the Property, and shall pey when due all claims for work done <br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all Ilens having priority <br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the <br />Existing Indebtedness referred to below, and except es otherwise provided in this Deed of Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure end maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient <br />