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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 cons5tute prima facie <br />evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers t'ar value <br />and wit#tout notice. The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's <br />title and all right, rifle, interest and claim of the trustor and his successors in interest and of atl persons claiming by or <br />through or under them, in and to the property 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 shall <br />apply the proceeds of the trustee's sale, first, to the cast 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 an-~, to the person or <br />persons legally entitled thereto. <br />And the Trustee covenants faithfully to perform the trust herein created. <br />BENEFICIARY may from time to time substitute a successor or successors to any Trustee named herein or acting <br />hereunder to execute this Trust Deed, Upon such appointment and without conveyance to the successor Trustee, the latter <br />shall 'be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such <br />appointment and substitution shall be made by written instrument and executed by Beneficiary, containing reference to <br />this Trust Deed and its place of record, which, when recorded in the office of the Register of Deeds of the county or <br />counties in which said property is situated, shall be conclusive proof of proper appointment of the successor Trustee. 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 [he substitution of a Trustee or Trustees in the place of the Trustee or Trustees named herein. <br />',The waiver by Trustee or Beneficiary of any default of Trustor under this Trust ;Deed shall not be ar be deemed to be <br />of waiver of anyi'pther or similaz defaults subsequently occurring. <br />'This Tntsf' Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns <br />caf the paztiesiheretp. <br />The Trust Deed shall be construed according to the laws of the State of Nebraska. <br />The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him by <br />certified mail -at the address hereinbefore set forth and evidence of such ruailing shall constitute evidence of receipt of <br />-such notice. <br />Trustar represents and warrants that the above described real estate is not used for an agricufturat activity. <br />~i' Wherever'~the context so requires, singulaz words shall be construed in the plural and vt~e versax and the- rr?~cul~t?e <br />Bender sltall be',ieanstnieFl to inc-lUde the feminine and vice Versa. <br />IN WITNESS WHEREOF, the Trustor has hereunto set his hand the day and year fast shave written. <br />'"'"'~ <br />4 ~~ <br />TRU OR ~ ~~„~.~~se~-~~ --- <br />., <br />S`£ATI» OF x.t,,.m~t~n .~~..~.-...__..._ .__.~_ ~ SS. <br />COUNTY OF Iis7x ...,~_..._.~ _ .~..~.._ . <br />Before me, a Notary Public, quatifjed by skid cattnty, petsenally came Gary S. &roytt -- ,_____ and <br />ku~T A° B€al,ta known Ea me to be the identical persanlsl who signed the foregoing instrument <br />at.d aclutawled~e d the execution thereof to br his, her or their voluntary ack and deed. Witness my hand. and Notarial dal <br />on ilartlt 21, I48J) , 19 <br />^, <br />~~ ~~ <br />NOTARY 1'UBLI~ ~ '~ ~ .-~~_~'' i, <br />',i ~ ca <br />, t <br />t °~~ey <br />~.` ~'~.~Yt,n <br />-- __„ ~ <br />e.,z ., <br />4y . ~, <br />