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Trustee's title and all right, title, interes[ and claim of the Trustor and his 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 Trustor or his successors io interest subsequent [o the execution of the Trustee. The Trustee shall apply the proceeds of the Trustce'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 ftts 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. BENEF[C1ARY 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 Beneficiary, containing reference io 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 Trustce or Trustees named herein. The waiver by the Trustce or Beneficiary of any default of Trustor under 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, tegatees, 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 Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him by certified mail at [he address hereinbefore set forth and evidence of such mailing shall constitute evidence of receipt of such notice. Trustor repraetiu and wazranu 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 plural and 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. TRUSTOR r~ TR TOR STATE OF xtat,rA..tP ~ SS. COUNTY OF Ball Before me, t; Notary Fublie, quahied by said county, perwnalty came KPnnnrt. A _ Kimmi nnn and Joan-~Y+--+-.~ys _ known to me to 6c the identical person(s) who signed the foregoing instrument aad sckaowkdged the execution thereof to be his, her or their voluntary act and deed. Witness my hand and Notarial Seal on MY commiacian capita: 14_ `1 ~ _ 7 , f:~~'~ ~~ y ~~ NOTARY PUBLIC ; (sea!) \` N <~ ~.1 ,~ •~ Q ]ry i e^ rn . ~ ~ '^ N ~ ~ :~ '~ h G. `` os ~ V _ ClZ y~ ~ 4 W ti ~ s ~ { i ~ I J IF I rti n> O G {"J Q