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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 ~totice of save, 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 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, title, interest and claim of the trustor and his successors in interest and of all persons claiming by or <br />throt~lt or' uatler them, in add to the property sold, including all such right, title, interest and claim in and to such <br />property acquired by the trustor o'r his successors in intetest subsequent to the execution of the trustee.. The trustee shall <br />apply 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 tht 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 />pepans 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 su,:h appointment and without conveyance to the successor Trustee, the tatter <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 6y Beneficiary, containing referens.e 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 he 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 Beneficiary of any default of Trustor under this Trust Deed shall not be or be deemed to be <br />a waiver of any otter or similaz 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 cagy of any notice of default and of any notice of sale hereunder be mailed to him by <br />cerfi6ed mail at the address hereinbefore set forth and evidence of such mailing shall constitute evidence of receipt of <br />such notice. <br />Trustor represents and warrants that the above described real estate is not used for an agricultural activity. <br />~, 1Yherevex the context so requires, singular words shall be consttved in the plural and vice versa, and the masculine <br />shall be cn stse~to include the feminine and vice versa. <br />r _ o °# <br />SIN 1Y1T1"IES~i'~R£IiEOF, the"~lt~stor has hereunto set his hand the day and year first above written. <br />'q° """ <br />li;i ~ ~ a: <br />~. K ~ L. <br />j ~ C -- ^~+ k~~ <br />1s lu C~ ~ .~ . a:. <br />~ y '~ _ z ~ TR S OR lbnald H. Putacher <br />~ ~ ~rt ._. .... ~,`~._~b <br />TRUSTOR <br />. ATE OF Nghraska Dorthea E. Putacher <br />COUNTY OF Lances+ter "-~ SS. <br />Before me, a Notary Puhlie, qualified by said county, personally came Donald H. Putacher and <br />A~,~G~a $. Futaehar ~, known to me to be the identical person(s) who signed the foregoing instrument <br />artd ac.`ccrow' l~xl lire txeCUtion thereof to ba his, her or their voluntary act and deed. Witness my hand and Notarial Sea! <br />on- 81uua~tier 13th. , 1'? SI <br />1dy-eommissian expires. 4 1485 .. ~ .~"'~ :..~~ , ~ ~~ ~~~-.i <br />NOT~RA I~PUBLIt "'~~„~~~ , <br />r' <br />(stall <br />•~111i <br />!~!!t~11~h-~ <br />~ r. <br />y ' _, ,- , <br />