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200112780 further assigned to The Bank of New York, as Trustee under the pooling and Servicing Agreement dated as of November 30, 1997, series 1997 -D by an Assignment dated November 15, 1998 and recorded on December 8, 1998 as Document No. 98- 112029; and further assigned to TMS Mortgage Inc., on December 16, 1997 and recorded January 9, 1999 as Instrument #99- 100262 in the Register of Deeds of Hall County, Nebraska. That by Substitution of Trustee dated September 5, 2001, made by TMS Mortgage Inc., Grantor was substituted as Trustee in place of Old Republic National Title Insurance Company. The Substitution of Trustee was recorded on September 10, 2001, as Instrument No. 2001 -09145 it the Office of the Register of Deeds of Hall County, Nebraska. The fulfillment of the following conditions, as specified in the Trust Deed, authorize this conveyance: 1. Breach and default were made under the terms of the Trust Deed in the particular set forth in the notice of default hereinafter referred to, which default continued until the time of sale. 2. There was filed for record on September 10, 2001, as Instrument No. 2001 - 09146, a Notice of Default in the Office of the Register of Deeds of Hall County, Nebraska, and of election to sell the property to satisfy the obligations secured thereby and thereafter notice of the filing of the Notice of Default was sent in the statutory manner to all persons entitled to a notice thereof. 3. That thereafter Notice of Trustee's sale was properly made stating that Trustee would sell at public auction to the highest bidder the property hereinbefore described, fixing the time land place of the sale as November 28, 2001 at 10:00 o'clock A.M. at the Lower Lobby of the Hall County Courthouse, Grand Island, Nebraska, and caused copies of said notice to be published once a week for five consecutive weeks in the Grand Island Independent, a legal newspaper printed, published and of general circulation in the County of Hall, Nebraska. The first date of publication was October 16, 2001, and the last day of publication was November 13, -2-