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200102710 instrument, appearing in Court, paying reasonable attorney fees and entering the property to make repairs. Any amount disbursed by Beneficiary under this paragraph, together with interest at the default rate set forth within the promissory note per annum from the date of disbursement, shall be secured by this instrument and shall be promptly repaid to Beneficiary. Failure to repay such disbursements upon demand shall be a default hereunder. 7. The proceeds of any condemnation award are hereby assigned and shall be paid to Beneficiary and shall be applied to the sums secured by this security instrument, whether or not then due, with any excess paid to Trustor. 8. Any extensions or modifications of the loan granted by Beneficiary to any successor in interest of Trustor shall not operate to release the liability of the original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 9. Any notice to Trustor provided for in this security instrument shall be given by delivering it or by mailing it first -class mail, unless Nebraska Law requires use of another method, at the Trustor's last known address. ` 10. Trustor, Trustee and Beneficiary each request that copies of all notices provided herein be sent to them at the addresses set forth above. 11. This security instrument and the note which it secures shall be governed by Nebraska Law. 12. If the Trustor does not: (1) Make payment according to the terms of the Note or any extensions, modifications or renewals thereof; (2) Make payment of any other indebtedness secured by the Deed of Trust; (3) Perform any of the covenants of the Note or Deed of Trust; or (4) If, the Beneficiary has to expend sums to protect the security, then Trustor has breached this Agreement, is in default and the Beneficiary may declare default and may declare all sums secured hereby immediately due and payable and such sums immediately become due and payable without presentment, demand, protest, or notice of any kind except as may be provided in the Deed of Trust. In addition, or in the alternative, Beneficiary may have the Trustee sell the property to satisfy the Trustor's obligation described herein. Trustee shall comply with the Nebraska Trust Deeds Act in such a sale to include filing of notice of default and mailing the same to the last known address of the Trustor. Trustor shall have the right to reinstate the obligations provided by Nebraska law. Beneficiaries shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph including, but not limited to, reasonable attorney's fees, costs of title evidence and Trustee's fees. 13. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the property is located and shall mail copies of such notice in the manner prescribed by Nebraska Law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Nebraska Law. Trustee, without demand on Trustor, shall sell the property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all, or any parcel of, the property by public announcement at the time and place of any previously scheduled sale. Beneficiary or its designee may purchase the property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's Deed conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of sale in the following order: (a) to all expenses of the sale including, but not limited to, attorney's fees and Trustee's fees, which Trustee's fees shall be five percent (5 %) of the original principal amount of the Note secured hereby, or less at the discretion of the Trustee, but not exceeding five percent (5 %). (b) to all sums secured by this security agreement; and (c) any excess to the person or persons legally entitled to it. 14. Upon acceleration under Paragraph 12 or abandonment of the property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of, and manage the property, and to collect the rents of the property, including those past due. Any rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of management of the property and collection of rents including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney fees, and then to the sums secured by this security instrument. 15. Upon payment of all sums as herein provided, Beneficiary shall direct Trustee to reconvey the property, and shall surrender this security instrument and the note secured. Trustee shall reconvey the property without warranty to the persons legally entitled at a fee of no more than Fifty Dollars ($50) . 16. Beneficiary, at its option, may, from time to time, remove Trustee and appoint a successor Trustee by an instrument recorded in the county in which this security instrument is recorded. Without conveyance of the property, the successor Trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Nebraska law. IN WITNESS WHEREOF, the Trustors have signed this agreement. The Orchard L C,Trustor By Ward F. Hoppe, its manager STATE OF NEBRASKA ) 1) ss. COUNTY OF Lg �Z 4kA5 ) The fo ing Deed of Trust was acknowledged before me this _7 -7 day of /fill *V171 myZo F. /F{!7%wkFN A44 Trustors, to be their vol ntary act and deed. JA =:GENEMRAL OTAR Y -State of Nebraska J.A. MASTERA omm.Exp.July18,20G( /PP ublic oil 1