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therein, including recitals concerning any mailing, 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 constitgte prima facie <br />evidence of such campliance 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 alt right, title, interest and claim of thz trustor and his successors in interest and of all persons claiming by er <br />through or under them, in and to the property sold, including all such rigitt, 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 trustees shall <br />app]y 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 Ute trustees fees actually incurred not to exceed the antount 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 />~rrd thz Trustee covenants faithfully to perform the tntst herein created, <br />BENEFICL4RY may from time to time substitute a successor cr successors to any Trustee named herein or acting <br />hereunder to execute this Trwt Deed. Upon such appointment and without conveyance to the successor Trustee, the latter <br />shall be vested with all title, powers, and duties ;onfzrred upon any Trustee herein named or acting hereunder. Fach such <br />appointment and substitution shall be made by written instrument and executed by Beneficiary, containing reference to <br />this Trust Died and its placz of retard, which, whin recorded In the office of the Register of Dezds of the county or <br />counties in which said property is situated, shall be. conclusive proof of proper appointment of the successor Tntstee. The <br />foregoing power of substitution and the procedure therefore shall not be exclusive of the power and procedure provided <br />for by law for the substitution of a Trustee or Trustees in the prate of the Trustee or Trustees named herein. <br />The waiver by Trustee or Benetciary of any default of Tntstor under this Trust Deed shall not be or he deemed to be <br />a waiver of any other or similaz defaults subsequently occurring. <br />This Tntst Deed shall inure to and bind the belts, legatees, dzvisezs, administrators, executors, succzssors and assigns <br />of the parties hereto. <br />The Tn:~ Deed sltall be construed ac,:ording 2n the laws of the State of Nebraska. <br />The Trustor rBqueSG that a copy of anv notice of default and ai any notice of sale hereundzr he mailed to him by <br />certified mail at the address hereinbefore set forth and evidence of sudt mailing shall constinrte zvidencz of receipt of <br />such nosier. <br />Trustor represents and warrants that the abuse described real estate is not used for an agricultural activny. <br />?,Vhrtrvzr the crontzxt sa rryuirres, .,-ingular wards shaIl be ronstned in the plural and viz Mersa, and the masculine <br />dts shall be ,^~ttstruetl to include the feminine and vise versa. <br />L?til WITNESS WHEREOF, the Tntsmr has hereunto set his hand the day and year font ahote +~°ritizn. <br />ST;k''~'E OF _` zaa <br />t`flI3N7Y OF Anti ! SS. <br />r ,' , <br />~~i;BYOB ,- <br />TRL?STOR --~ - <br />Before me, a Notary Public, qualified by said count}°, personally eante Cher3z B. T.racy ------------ and <br />knov.~n tzr ma to be zhe identical personis) who signed the foregoing instnmtent <br />a~tl aclurowletlged ~ ~exec>=tion thrr>:of to ~ 1tis, her or their voluntary act and dezd. Witnzs}$ry }y~t~ and hatarial Seal <br />on Ftbreaa'~r_$, , I9$0 - ~T o _ m <br />NOTARY PU LI '~, _- ~ yr ~ a- <br />i. ~r.'~~ <br />(aeall ~ ~ ~ A ~~ ~ c <br />-a ~ - - N <br />D r~.i •, <br />~# <br />