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therein, including recitals ecncerning any mailing, personal delivery and publication of thz 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 pcrchaser, without right of redemption, the trustee's <br />title and atl right, title, interest and claim of the trustor and his successors in interest and of all persons claiming by or <br />through or under their, in and to the properq~ sold, including all'such right, title, interest and claim in and to such <br />property acquired by the trustor or his successors in interest subsequent to the execution of the trustee. The trustee shalt <br />apply the proceeds of the trustee's sale, firs:, to the cost and expenses of exercising the power of sale, and of the sate, <br />including the payment of the trustees f°es actually inrttr,ed not to exceed the amatmt which may he provided for in the <br />trust deed, second, to payment of the obligatiors szeured by the trust deed, and the balance. if any, to the person or <br />persons legally entitled thereto. <br />and the Trustee .--ovenanis faithfuil} to perform Utz tars*, herein crzated. <br />BENEFICIriRY may from time to time substitute a successor or successors to any Tntstee named herein or acting <br />hereunder to execute this Trust Died. Upon such appoinmtant and without conveyancz to the successor Trustee, the tatter <br />shall ba vested wish all title, power, and duties ~onferrcd upon any Trustee herein named or acting hereunder. Each such <br />appointment and substitution shall rte made by written instrument and executed by BeneticiarV, containing reference ro <br />this Trust Dezd and its place of record, which, when recorded in the office of the Register of Deed, of the county or <br />counties in which said property is situated, shall bz conclusive proof of proper appointntznt of the successor Trustee. The <br />foregoing power oY substitution and the procedure therefore shall not bz exclusive of Ute power and procedure provided <br />for by law for the substitution of a Trustee !tr Tnrstees in the place of the Trustee or Tntstezs named herein. <br />The waiver by Trustee or Beneficiam of any default of Trustor under this Trust Deed shall not he or he deemed to be <br />a waiver of any other or similaz defaults subsequenth• occurrfnc. <br />T3ris Trust Bend shall inure to and bind the heirs, tegateas, devisaes, administrators, executor, successor and assigns <br />of the parties hereto. <br />The Trust I)ezd shall be construed according to the laws of the State of \ebraska. <br />TTte Tntstor rzquests that a ropy of any notice of defauiz and of any notice of sale fiereunder he mailed to him by <br />cer2ifted mail at Utz address hzreinhefore szt forth and zvidence of such mailing shall :onstitutz evidence of rzceipt of <br />such notice. <br />Trustor represenu and warrants that the above described real estate is not uszd for an agricultural activity. <br />1Vherrvzr the contzxt so requires, sin_c=ular wonls sha?7 he construed in the plural and vice tcrsa, and the masculine <br />grt~rstrsB be ronst;ued to in~ude the feminine and vice versa. <br />IN V4t7'NES~a IYHEREOF, the Trustor has hzreunto set hie hand the day and year first ahovz writaen. <br />` ',s <br />., - ---- „~\ iq titict , <br />TRL'~S OR <br />C3li't'F QF An ~zr'1rn }SS. <br />COU~NT1[ ~F Ball _ _111 <br />$efo~ mz. a Notan~ Public, qualifizd by said caunn, peronatly ~amr_ DDt:ALD L. SCNI+CHTA _ _ and <br />_ VIC'4'(3YYA SCl3ACHSA known ie mz to be ihz identii•al penantsl who signed the foreeoing instntment <br />aatd arknowtedeed zhe execution Utereof zo be his, hea or their voluntary a.:t and dead- L1'iznzss my hand and Notarial Seal <br />on Jaauarv 31 ,19 ~ _ <br />,/. j r~ ' <br />NOTARY PUBS CY~~~ ~ r ' _ ~ _„~ <br />- (tea!)--- ... ~` i ~~--t, <br />~` `- p n <br />~ ___ ; ~ <br />iti ~ U "' <br />z <br />~" "' °, ~ u <br />t3 ' <br />