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• F 8- 005 to the purchase9r, without 1 right of re08 demption, the Trustee's title and all right, title, interest and claim of the Trustor and his successors in interest and 41P ell persons claiming by or through or under them. in and to the property sold, including all such right, title, interest and claim in and to such property acquired by the Trustor or his successors in interest subsequent to the execution of the Trustees. The Trustee shall apply the proceeds of the Trustee's sale, first. to the cost and expenses of exercising the power of sate. and of the sale. including the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided for in the trust deed, second, to payment of the obligations secured by the trust deed, and the balance, if any, to the person or persons legally entitled thereto. And the Trustee covenants faithfully to perform the trust herein created BENEFICIARY may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust Deed Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument and executed by Beneficiary, containing reference to this Trust Deed and its place of record, which, when recorded in the office of the Register of Deeds of the county or counties in which said property is situated shall be conclusive proof of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure therefore shall not be exclusive of the power and procedure provided for by law for the substitution of a Trustee or Trustees in the place of the Trustee or Trustees named herein. Should the Trustor or its successor in interest without the consent in writing oaf. rite Beneficiary sell, transfer, or convey. or permit to be sold, transferred or conveyed by agreement for sale or in any m4nner, its inteatst -in the above described real estate (or any part thereof). then Benefacfimw may declare all sums secured hereby iim+rtec ia¢elP'.due and payable, suhjwt to applicable law.. The waiver by Trustee or Beneficiary of any default of Trustor under this Trust Deed shall not be or fie deemed to be a waiver.. of -any other or similar defaults subsequently occurring This Trust Deed shall inure to and bind the heirs. lega¢ees, devisees, admini,tra.om executors, successors and assigns of the parties hereto. The Trost Deed shall be construed according to the laws of the State of Nebraska. The Trustor mquests that a copy of any notice of default and of any notice of sale hereunder be mailed to him by certified mail at the address hereinbefore set forth and evidence of such mailing shall constitute evidence of receipt of such notice. Trustor represents and, :warrants that the above described real estate is not used for an agricultural activity. Vbh=ver the context so requires, singular words shall be construed in the plural and vioe. tvrsa• aced the masculine gender shall be construed to include the feminine and vice vim. INWMESS WHEREOF, the Trustor has hereunto set: his hand the day and year first above written: STATE OF 27ebraska COUNTY OF :Tall SS. TRUSTOR Albert Benaivdz 1:2�4 TRUSTOR Dianne Benaivdz Before me, a Notary Public, qualified by said county, personally came Albert Benaivdz and ni,hrr.. PAnA4Vdz known to me to be the identical person(s) who signed the foregoing ++ instrument and acknowledged the execution thereof to be his, her or their voluntary act and deed. Witness my hand and Notarial Seal on Fahruury a. i9sa ,I9 ! My commission expires: Nex 1G•,/1r -1 LNOTARY PUBLIC "�&tlIf11�t IIDTIIttY•5tm sf Nr"t s SCOTT E. "Conde`= o