|
therein, including recitals concerning any mafling, personal delivery and publication of the notice of default, any mailing
<br />and the publication and posting of notice of sale, and the conduct of sale; and such recital shall constitute prima facie
<br />evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value
<br />and without notice. The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's
<br />title and all right, tide, interest and claim of the trustor and his successors in interest and of all persons claiming by or
<br />thiaugh or under-them, iri and to the property sold, including all such right, title, interest arid claim in and to such
<br />property acquired by the tntstor or his successors in interest subsequent to the execution of the trustee. The trustee Shall
<br />apply the proceeds of ttte 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 trustees fees actually incurred not to exceed the amount which may be provided for in the
<br />trust deed, second, to payment of the obligations secured by the trust deed, and the balance, if any, to the person or
<br />persons legally entitled thereto.
<br />A,id the Trustee covenants faithfully to perform the intst herein :reared.
<br />BEbIEFICIARY may from Lime to time substitute a successor or suecessors m any Tnistee named herein ar acting
<br />hereunder to execute this Trust Deed. Lapon such appointment and without conceyanee to the successor Trustee, the latter
<br />shalt -e vested with all tile, powers, and duties canferred upon an}' Trustee herein named ar acting hereunder. Each such
<br />appointment and substitution shall be made b}• written instrument and executed by Beneficiary, containing reference to
<br />this Trust Deed and its placY of record, which. when x.orded in the office of the Resister of Deeds of the county or
<br />counties fir. which said property is situated, shall be candusive pr~af of pml~zr appointment of the successor 1'nrstee. The
<br />[ongoing power of substitution and the procedure therefore 'shall not be . xclusive of the power and procedure provided
<br />for by Lava far the substitution of a Tnistee or Trustees in the place of the Trustee ar Trustees named herein.
<br />The v„tiver by Truster ar Beneficiary of any default of Tt"1-stor under this Trust Deed shall not be or be deemed to be
<br />a vaaiver of any odtar or similar defaults subsequently or vrnng.
<br />this Tnrst Deed shall inure to and bind the heirs, legatees. devisexy. administratars, executers, successors ,end as~gns
<br />of ihr parries hereto.
<br />The Trust Deed snail be construed according to the laws of the State of Nebraska.
<br />Ttre Truster nquesu that a i:apy of env notice of default and of ern' notic. of gale hereunder be mailed to him by
<br />ixrtified marq at rite addt+e~ heminbefare set forth and evidence of such mailing shall constitute evident e ai receipt of
<br />szactt noln`e.
<br />Tnutor regresentt and warraztts that the above described real estate is not used for an agricultural activity.
<br />'~herever the et+tttext sa requires, singular wards shat' be construed th the plural and vice versa, and the masculine
<br />Eeau3er shall t+e ~nstrued to in~ude the feminine and vice versa.
<br />1~1 V1'3TtiES5 WHEREC)F, the Truster has hereunta set his hand the day and year first above written.
<br />~~~ i
<br />TRC'STt)R Patri~• J, O'Brien
<br />TRUSTt2R
<br />STATE t'3F l~ebras><a ~ SS
<br />C'QC3NTY O€ ;
<br />Brfare nee, a ldotary Public, qualiftetl by said cxtunry, penanally carrte~ Patrick J. O'Brien and
<br />knower to me to be the identical gersontsf who signed the foregoing instrumenE~
<br />arm lodged execution tfsereof to be }cis, firer or their voluntary act and deed. VI`itness my hand and Notarial Seal _,;' .
<br />~ ~~4#~-s~ , l~-mot-- ~
<br />~r eo~attaisstiaa pcpires: ff,~,~ 14'~
<br />
<br /> (aai)
<br />
<br />~ T~160~1
<br />~
<br /> sw.6F ~w'M TYfi
<br />
<br />.I
<br />3UBT Rl' PL1BLl . , `t' -
<br />
<br />
<br />
<br /> ~ ~ 4
<br />_~ ~
<br /> i
<br />,~ ,,..:~ -ip - ~ ry
<br />
<br /> ~ ro
<br />C• rv ~
<br />\. O N ~J O
<br />
|