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I to thep~~=\~!~l;tf redemption, the Tl:ustee's. title and all right. title, interest and claim of thc Trustor IInd his successors in interest and o( llll\persons claiming by or through or under them, in and to the property sold, including all such right, title~ intcrest and claim in and to such property acquired by the Trustor or his successors in interest subsequent to the execution of the Trustee. The Trustee shall apply the proceeds of the Trustee's sale. first, to the cost and expenses of exercising the power of sale, and of the sale, including the payri1ent 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 obligationssecrired by the trust deed, and the balance, if any, to the peisonor 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 aU 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 of the Beneficiary sell, transfer, or convey" or permit to, be sold, transfened or conveyed, b)' agreement for sale or in any manner, its interest in the above described real estate (or any part thereof), then Beneficiary may declare all sums secured hereby immediately due and payable, subject to applicable law. The waiver by Trustee or Beneficiary of any default of Trustor under this Trust Deed shall not be or be deemed to be a waiver of any other or similar defaults subsequently occurring. This Trust Deed shaD inure to and bind the heirs. legatees, devisees, administrators, executors. successors and assigns of the parties bereto. The Trust Deed shall be construed according to the laws of the State of Nebraska The Trustor requests 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 heninbefore set fonh and evidence of such mailing shall constitute evidence of receipt of such notice. Trustor represents and \\"3.nants that the ab<we described real estate is not used for an agricultural activity. WheR:ver the context. so requires, singular words shall be construed in the plural and vice versa, and Ihe masculine gender shall be construed to include the feminine and vice versa.. IN WITNESS WHEREOF. the Trus!or has hereunto set his hand the day and year first above written. O~ 3' ~~ TRUSTOR Donald J. Medbery . I;J ~r...,J A .L . . ~cO:-..(/ (,.:..-----... SlATE OF . Nebraska COUNTY.oF H.ll }~. Carolyn S. Medbery t "- BdOre me,.a Notary Public. qualified by said county. personally came Donald J. Medbery and .C.rolynS. Kedbery known to me to be the identical person(s) who signed the foregoing ~ f"~1cd&ed the execution thereof to be his. her or their voluntary act and deed. Witness my hand and Notarial Seal 011__ 4 .I~. n J . My comm~on expi~ tJlllV 1~,lf'l()' , )o:z7h~~ u . NOTARY PUBlI~ - . . (seal) . ~ ~:-.:=1 ..,..........