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r <br />therein, including recitals concerning any mailing, personal delivery and publication of the notice of default, any mailing <br />and the pubucation and posting of notice of sate, and the conduct of sale; and such recital shall constitute prima facie <br />evidence of such compliance and conclusive evidence thereof in favor of bane fide purchasers and encumbrancers for value <br />and witktout notice. The trtstee's deed shall operate to convey to the purchaser, without right of redemption, the tmstee's <br />title and all right, title, interest and claim of the tntstor and his successors in interest and of ail persons claiming by or <br />through ©r under them, in and to the property"sold, including ail such right, title, interest and claim in and to such- <br />property acquired by the trustor or his successors in interest subsequent to the executidn of rite tmstee. The trustee shall <br />apply the proceeds of the trustee's sate, first, to the cost and expenses of exercising the power of sale, and of the sate; . <br />including the payment of the trustees fees actually incurred not to exceed the amount which may 6e provided for in the <br />trust deed, second, to payment of the obligations secured by the tmst deed, and the balance, if any, to the person o_ r <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 the substitution of a Trustee or Trustees in the place of the Trustee or Trustees named herein. <br />The waiver by Trustee or $eneficiary of any default of 'frustor under this'frust Deed shall not be or be deemed to be <br />a waiver of any other or similar defaults subsequently occurring. <br />This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns <br />of the parties hereto. <br />The Trust Deed shall be construed according to the laws of the State of Nebraska. <br />The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him by <br />certified mail at the address hereinbefore set forth and evidence of stacit mailing shall constitute evidence of receipt of <br />such notice. <br />Trustor represents and warrants that the above described real estate is not t:sed for an agricultural activity. <br />Wherever the context so requires, singular words shall be Construed in the plural and vine versa, and the masculine <br />gender shall be construed to include the feminine and vice versa. <br />IN WITNESS WHEREOF, the Tntstor has hereunto set his hand the day and year first above written. <br />T U OR <br />~~ <br />TRH ~ <br />ST R <br />STATE OF Nebraska N__ <br />COUNTY OF Bell _ - ~ SS. <br />Before me, a Notary Public, qualified by said county, personally cantr__`~llyn„U. Glson and <br />Virginia A. Olson ktiow_ ri to ~me to he'the identical personis) who signed the foregoing insuvmrnt <br />and acknowledged the exe ution t}tered'f,,o be his, her or their voluntary act :md deed. Witness my hand and Noatriat Seal <br />~.. <br />on °;- August 2~ ,1980 <br />;~ ,J <br />~ , <br />MY commrssmn expues: ~ /~~~~.-___-- . <br />cif jZ Q~ i~~ t: Z ~ .11 ~QTAR ~ LI <br />C~~ }4 ENL~A: flti• l$PBI~t~iA7 <br />i< <br />~~,~- _ .., ~:~:r <br />~~ <br />/~ <br />/~' <br />SS ~ ~ :•v <br />Z """ 1 <br />ealaswnp; <br />"~'~~~ <br />"""'~'~'it~ar0 <br />'oN luawrt~ se P~lu3 <br />