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200410749 the property sold to the purchaser or purchasers thereof and any statement or recital of fact in such deed in relation to the exercise of the power of sale and sale of the property described therein, including recitals concerning any mailing, personal delivery and publication of the notice of default, any mailing and the publication and posting of notice of sale, and the conduct of sale; and such recital shall constitute prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances of value and without notice. The Trustee's deed shall operate to convey to the purchaser, without right of redemption, the Trustee's title and all right, title, interest and claim of the Trustors and their successors in interest and of all persons claiming by or through or under them, in and to the property sold, including all such right, title, interest and claim in and to such property acquired by the Trustors or their successors in interest subsequent to the execution of the Trustee. The Trustee shall apply the proceeds of the Trustee's sale; first, to the cost and expenses of exercising the power of sale, and of the sale, including the payment of the Trustee's fees actually incurred, not to exceed the amount which may be provided in the Trust Deed, second, to payment of the obligations secured by the Trust Deed, and the balance, if any, to the person or persons legally entitled thereto. And the Trustee covenants faithfully to perform the trust herein created. BENEFICIARIES may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust Deed. Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested with all title, powers and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument and executed by Beneficiaries, containing reference to this Trust Deed and its place of record, which, when recorded in the office of the Register of Deeds of the county or counties in which said property is situated, shall be conclusive proof of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure therefore shall not be exclusive of the power and procedure provided for by law for the substitution of a Trustee or Trustees in the place of the Trustee or Trustees named herein. The waiver by the Trustee or Beneficiaries of any default of Trustors under this Trust Deed shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto. The Trust Deed shall be construed according to the laws of the State of Nebraska. The Trustors request that a copy of any notice of default and of any notice of sale hereunder be mailed to each of them by certified mail at the address hereinbefore set forth and evidence of such mailing shall constitute evidence of receipt of such notice.