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200309656 <br />together with the then unpaid principal amount, shall bear interest at the highest lawful rate until refunded <br />by Trustor. <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to <br />Beneficiary and shall be applied to the sums secured by this security instrument, whether or not then due, <br />with any excess paid to Trustor. <br />8. Any forbearance by Beneficiary in exercising any right or remedy shall not be a waiver <br />of or preclude the exercise of any right or remedy. <br />9. Any notice to Trustor provided for in this security instrument shall be given by delivering <br />it or may mailing it by first class mail unless Nebraska Law requires use of another method, at the <br />Trustor's last known address. <br />10. This security instrument and the note, which it secures, shall be governed by Nebraska <br />law. <br />11. Beneficiary shall give notice to Trustor following Trustor's breach of any covenant or <br />agreement in this security agreement and the note, which it secures. The notice shall specify (a) the <br />default, (b) the action required to cure the default, (c) a date not less than thirty (30) days from the date of <br />the notice is given to Trustor by which the default must be cured, and (d) that failure to cure the default on <br />or before the date specified in the notice may result in acceleration of the sum secured by this security <br />agreement and resale of the property. The notice shall further inform Trustor of the right to reinstate, <br />after acceleration, and the right to bring a court action to assert the nonexistence of a default or any other <br />defense of Trustor to acceleration and sale. If default is not cured, on or before the date specified in the <br />notice, Beneficiary, at its option, may require immediate payment in full of all sums secured by this <br />Security Agreement without further demand and may invoke the power of sale and any other remedies <br />permitted by Nebraska law. Beneficiary shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this paragraph, including but not limited to reasonable attorney fees and costs of <br />title evidence. <br />12. If the power of sale is invoked, Trustee shall record a notice of default in each county in <br />which any part of the property is located and shall mail copies of such notice in the manner prescribed by <br />Nebraska law. Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />Nebraska law. Trustee, without demand on Trustor, shall sell the property at public auction to the highest <br />bidder at the time and place and under the terms designated in the notice of sale of all or any parcel of the <br />property by public announcement at the time and place of any previously scheduled sale. Beneficiary or <br />its designee may purchase the property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's Deed <br />conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of sale in the following order: (a) to all <br />expenses of the sale including, but not limited to, Trustee's fees as permitted by Nebraska law and <br />reasonable attorney fees; (b) to all sums secured by this security agreement; and (c) any excess to the <br />person or persons legally entitled to it. <br />13. Upon acceleration under Paragraph 12 or abandonment of the property, Beneficiary (in <br />person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and <br />manage the property and to collect the rents of the property, including those past due. Any rents collected <br />by Beneficiary or the receiver shall be applied first to payment of the costs of management of the property <br />and collection of rents including, but not limited to, receiver's fees, premiums on receiver's bonds and <br />reasonable attorney fees, and then to the sums secured by this security instrument. <br />14. Upon payment of all sums as herein provided, Beneficiary shall direct Trustee to <br />reconvey the property and shall surrender this security instrument and the note secured. Trustee shall <br />reconvey the property without warranty and without charge to the persons legally entitled to it. <br />15. Beneficiary, at its option, may from time to time remove Trustee and appoint a successor <br />Trustee by an instrument recorded in the county in which this security instrument is recorded. Without <br />conveyance of the property, the successor Trustee shall succeed to all the title, power and duties conferred <br />upon Trustee herein and by Nebraska law. <br />16. Trustor requests that copies of all notices provided herein be sent to Trustor's address <br />which is 403 E Hall Street., Grand Island, NE 68801. <br />IN WITNESS WHEREOF, the Trustor has signed is agreement. <br />c3 `' <br />Kent Orr, Trustor <br />STATE OF NEBRASKA ) <br />ss. <br />COUNTY OF HALL ) <br />The foregoing instrument was acknowledged before me on this - -44kday of ' 2003, by Kent Orr. <br />Commission Seal: <br />NM NOTARY • SO of NebMM <br />TRACEY WKWE CZ <br />T U; Z <br />rcomm.4jale m <br />NOTAld PUBLIC <br />