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<br />r__ <br />88-102671 ., <br /> <br />to thepu.rchaser~ ~i~hout right of redemption, the Trustee's title and all right, title, mterest and claim of the Trustor and his successo1'li <br />in interest and'o( all persons claiming by or through or under them, in andlo the property sold, including all such right, title, interest <br />and claim in and to such property acquired by the Trustor or his successors in interest subsequent to the execution of the Trustee. The <br />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, <br />including the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the trust deed, <br />second, to payment of the obligations secured by the trust deed, and the balance, if any, to the person or persons legally entitled thereto. <br /> <br />r <br /> <br />And the Trustee covenants faithfully to perfonn the trust herein created. <br /> <br />BENEFICIARY may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to <br />execute this Trust Deed, Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested with all <br />title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such app0intment and substitution shall <br />be made by written instrument and executed by Beneficiary, containing reference to this Trust Deed and its place of record, which, when <br />recorded in the office of the Register of Deeds of the county or counties in which said propel iy is situated, shall be conclusive proof <br />of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure therefore shall not be exclusive <br />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 <br />named herein. <br /> <br /> <br />Should the Trustor or its successor in interest without the consent in writing of the Beneficiary sell, transfer, or convey, or pennit <br />to be sold, transferred or conveyed, by agreement for sale or in any manner, its interest in the above described real estate (or any part <br />thereof), then Beneficiary may declare all sums secured hereby immediately due and payable, subject to applicable law. <br /> <br />The waiver by Trustee or Beneficiary of any default of Trustor under this Trust Deed shall not be or be deemed to be a waiver <br />of any other or similar defaults subsequently occurring. <br /> <br />This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties <br />hereto. <br /> <br />The Trust Deed shall be construed according to the laws of the Slate of Nebraska, <br /> <br />The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him by certified mail <br />at the address hereinbefore set forth and evidence of such mailing shall constitute evidence of receipt of such notice. <br /> <br />Trustor represents and warrants that the above described real estate is not used for an agricultural activity, <br /> <br />Wherever the context so requires, singular words shall be construed in the plural and vice versa, and the masculine gender shall <br />be construed to include the feminine and vice versa. <br /> <br />IN WITNESS WHEREOF, the Trustor has hereunto set his hand the day and year first above written, <br /> <br />~ Ju1ff ~~ <br />TRUSTOR ' <br />All Scott Helgeson <br /> <br />'7irt <br />TRUSTO <br /> <br />~,d~~ <br /> <br /> <br />Josephine M. Helgeson <br /> <br />5fATE OF <br />COUNTY OF <br /> <br />Rearaaka <br />Hall <br /> <br />}ss, <br /> <br />Before me, a Notary Public, qualified by said county, personally came Allen Scott Helgeson <br /> <br />and <br /> <br />Josephine M. Helgeson known to me to be the identical person(s) who signed the foregoing <br />instrument and acknowledged the execution thereof to be his, her or their voluntary act and deed. Witness my hand and Notarial Seal <br />on 116.1' za ' 19~, <br /> <br />My commission expires: <br /> <br />1II/11y/1ft? <br /> <br />y~~ <br />NOTARY PUBLIC ' <br /> <br />L <br /> <br />(seal) <br /> <br />_IITAIY'-" MrlIIb <br />ICon.. HODGIN <br />.,... -...,.- <br />