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DEED OF TRUST 2 01 i. 4 3 6 6 i
<br />Loan No: 16551 ,� A,� �� (Continued) Page 3
<br />Foreclosure by Power af Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the-Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may.require.
<br />(a) Upon receipt of'such notice from Lendar, Trusfee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then re,quired by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor; after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and plece ot sale fixed by it in such Notice of Sele,
<br />either as e whole, or in separate lots or parcels or items as Trustee shall deem expedlent, and in such orde� as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee end of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />andJate charge�, (iif al! other sums then secuc�d hereby, and -(iiil �hexemainder,-if-aray,-ta the-peFSSR�r-pe�sons legall�
<br />entitled thereta
<br />(c) Trustee may in the manner provided by lawpostpone sale of all or any portion of the Properry.
<br />Remedies Not Excluslve. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indabtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereefter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the powe� of sale or other powers contained in this Deed of Trust, shall prejudice or in eny
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their ebsolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any othar remedy in this Deed of Trust or by
<br />law provided or permitted, but each shali ba cumulative end shail be in addition to every othar remedy given in this Dead of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which eithar of them mey be otherwise entitled, may be exercisad, concurrently or independently, from time
<br />to time and as often as may be deemad expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. Ali of Lender's rights and remedies will be cumulative and may be exercised elone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Requast for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a capy of any Notice of Defeulf and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the eddresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. if Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shail be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' feas at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest et the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and eny anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by appiicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not, preempted by federel
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisPons. This 4eed of Trust has been accepted by
<br />Lender in the State of Nebraska. ' , .
<br />Time is of the Essence. Tima is of the essence in the performance of this Deed of Trust. � � ��
<br />Walver of Homestead Exemption. Trustor hereby raleases and waives all rights and benefits of the homestead exemptfon laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Geneva State Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means David A Bahe and Kari K Bahe and includes all co-signers and co-makers signing the Note and
<br />all their auccessors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation ail assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The wqrds "Environmental Laws" mean eny and all state, federal and local statutes, regulations and ordinances
<br />rel8tin8 to . the protec#ipn; of human., he.alth ,A( #ha BnvIronment,,.inaluding wlthput limitat[o� the . Cnmp�eh�Gtsiue-;Envirorunentel
<br />Response, Compensation, end Liability Act of 1980, as amended, 42 U.S.C. Section 9609, et seq. 1"CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986; Pub. L. No. 99-499 ("SARA"), the Hazacdous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6907, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarentor, endorser, surety, or accommodation party to Lander, including
<br />without limitation a guaranty of all or part of the Note.
<br />Improvements. The word "Improvements" meens all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principai, interest, and other amounts, costs and expenses payabla under the Note
<br />or Related Documents, together witM all renewals of, extensions of, modifications of, consolidations of end substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision
<br />of this Deed of Trust, together with all interest thereon. •
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