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and., • utbranc#rs of valtw and without notice. The Tru eec:'sdeeti :hats operate to cony r; the Irur h.c e . wtthout r' rye Trustee tith and all right, title interest. and claim of the T'rustiar and his suttassnr._t.i- inte:rc t and of all ,persons claiming by or through or tinder them. in and to the property sold, including all such right, title. intent and claim in and to such property acquired by the Trustor or his successors in interest subsequent to the execution of the Trustee. The Trustee shall apply the proceeds of the Trust.ee's sale; :first, to tli .cost and expenses of exercising the power: -of sale. and of,the sale.. including ;the payment of the `l rustee s:fee s,=Luallti incurred not to exceed the amount which may be provided in the Trust Deed, second, to payment of the obligations secured by the Trust I)eeed, and. the balance, if any, to the person or persons legally entitled thereto. And the Trustee covenants faithfully to ,perform the trust herein created. 2ENEFICIARY :may from time to time substitute a successor or successors to any Trustee numed herein or acting hereunderao: execute -this Trust Deed. Upon such appointment and without.conveyance to the successor Trustee,: the lattershall be vested with all title, powers, and duties conferred upon ask Iiustec herein named or acting hereunder. Each such appointment and substitution shall bc.made by written instrument and executed by.Beneficiary,.z mtaming reference to this Trust Deed and its Place of record, which, when recorded in the office of the Register sit Deeds of the county or Counties in which said property is situated, shall <beconclusive proof of proper appointment of the successor Trustee. The foregoing power of- substitution and the procedure therefore shaft not he exclusive of the power and procedure provided for by for the substitution of a Trustee or Trustees in the place of the Trustee or Trustees panted herein. alnless prohibited. in the event the subject property is sold, agreed to he sold, conveyed, assigned or alienated by the Trustor prior to tL>c maturity of the note secured by this deed, the unpaid:balartce of principal anti interest shall become immediately due and payable at the option of the holder (if said note. The waiver by the Trustee or Beneficiary of anv default of Trustor tinder this Trust Deed shall not be.or 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 cons trued. accordirig to the laws of the State of Nebraska. The Trustor requests that a copy of any notice of default and of any notice of laic hereunder be mailed to him by certified mail at the address herembefore set forth and evidence of such mailing shall constitute evidence of receipt of such notice. Trustor represents and warrants that the above described real estate is not used for an agricultural activity. Wherever the - context so requires, singular words shall be construed in the pluraland vice versa, and the masculine- gender shall be construed to include the feminine and vice versa. IN WITNESS WHEREOF, the Trustor has hereunto .set his hand the day and year first above written. TRUSTO Harry D. Smith Nebraska TRUSTOR�' ' Shirley L. Smith STATE OF f SS. COUNTY'OF_ Hall Before me, a Notary Public, qualified by said county, personally came _Harry D. Smith _ and Shirley L. Sagith known to me to be the identical person(s) who signed the foregoing instrument and acknowledged the execution thereof to be his, her or their voluntary act and deed. Witness my hand and Notarial Seal on March 5, 1986 My commission expires: ........�. =. — – °' A NOTARY PUBLIC: y 1� f!