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-i 200410228 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. This Deed of Trust and the obligations it secures are nonrecourse obligations of the Borrower. Neither the Borrower nor any of its general and limited partners, nor any other party shall have any personal liability for repayment of any amount due and payable under the Note or for the performance of any obligation under or arising pursuant to the Note or this Deed of Trust. The Note and the Borrower's obligation to secure the Note are secured by this Subordinate Deed of Trust dated on or about the date hereof encumbering the Borrower's interest in the land and improvements located at 504 N. Elm Street, Grand Island, Nebraska 68802 as more particularly described therein (the "Property "). The sole recourse of the Lender under the Note and any other document executed or delivered by the Borrower in connection therewith shall be the exercise of its rights against the Property. 17. 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. — &: � //� //114 1 WALNUT HO' SdNG, Ltd.,Tru for by Ward F. Hoppe, Manager of Walnut Redevelopment, LLC, General Partner STATE OF NEBRASKA ) ) ss. COUNTY OF LANCASTER) The foregoing Deed of Trust was acknowledged before me this �(� day of � o kw 20 4, by Ward F. Hoppe, manager of Walnut Redevelopment, LLC, as general partner for the partnership. l I GENERAL NOTARY - State of Nebraska u b I is SCOTT A9. VOGT My Comm. Exp. Dec. 1, 2005 3