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88- 108147 . to Ih. pureh...r, without riaht of red.mption. the Trust.... tltl. and all righl. lill., inl.rest and claim of the Tru.lor and his SbCC.S'Ors in int.resl~t lI@1lersoos claiming by or Ihrough or und.r th.m, in and 10 the prop.rty sold. including all suel. righl. tltI.. Int.rest and claiin In 'anirlO such property acquired by the Trustor or his succ.ssors in int.rest subsequ.nt to the .x.cutlon of Ih. Trusl... Th. 1iustee shall apply Ih. proceeds of Ih. Trusl..'s saI., first. 10 the cosl and exp.nses of .x.reislng the pow.r of sal.. and of the sal.. includilllllh. paym.nl of Ih. Trust..'s f..s actually incurred not to .xc..d the amount which may b. provid.d for in the trusl d..d, second. to paym.ill of the obligations secured by the trust deed. and the balanc., if any, to the p.rson or persons I.gally .nlltl.d Ih.relo. Apd the Truste. covenants faithfully to perform the trust h.rein creat.d. BENEFICIARY may from time 10 lim. substitule a sucoossor or successors 10 any Truste. nam.d h.rein or acling h.reunder to execute Ibis 'Ih1st Deed Upon such appointm.nt and without conv.yance to the succ.ssor Trustee, the latt.r shall be vested with all title, powms, and duties conf.rred upon any Trust.e herein nam.d or acting hereund.r. Each such appointment and substitution shall be made by writt.n instrumenl and ex.cuted by Ben.ficiary, containing reference to this Trusi need and its place of record, which. wh.n record.d in the office of the Register of ne.ds of Ihe county or counties in which said property iniiuated. 'shall be conclusive proof of proper appointm.nt of the succ.ssor Trustee. The foregoing power of subSlilution and the procedure therefore shall not be .xcluSlVe of the power and procedure provided for by law for the substitution of a Truslee or Truste.s in the place of the Trustee or Trustees named herein. Should the Truslor or its successor in inlerest without the consent in writing of the Beneficiary sell, transfer. or convey, or permit 10 be sold, transferred or conveyed, by agreement for sale or in any manner. ils interest In the above described real estate (or any part therenf). 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 Truslor under this Trust need shall not be or be deemed to be a waiver of any otber or similar d.faults subsequently occurring. This Trust need shall inure to and bind the heirs. legatees. devisees. administmlors, execulors. successors and assigns of tbe parties berelo. The Trusl ne.d shall be construed according to tbe laws of the Stale of Nebraska. The Truslor requ.sts tbal a copy of any notice of defaull and of any nollce of sale hereunder be mailed to him by certified mail at the address bereinbefore set forth and evidence of sucb mailing shall constitule evidence of receipt of such nolice. Truslor repres.nts and warrants thallhe above described real estate is not used for an agricultural activity. Wherever the context so requires. singular words shall be construed in the pluml and vice versa, and the masculine gend.r shall be constru.d 10 include Ibe feminine and vice versa IN WITNESS WHEREOF, the Trustor has hereunto set his hand Ihe day and year first above written. TRUmJqifkr/ ~ Robert J. Melgoza TRUmJR ,J~9'lu~ Sl'ATE OF COUNTY OF D::h"'''~''' }SS, Sally Melgoza Before me. a Notary Public. qualified by said counly. personally came Robert J. Melgoza and Alto 11 Y MAl tlOZI'I known lo me to be the identical pcrson(s) who signed the foregoing illl1nlmenl and acknowledg.d tbe execution th.reof to be his. her or Ih.ir voluntary acl and d..d Witness my hand and Notarial Seal m. 'ICII~.mhAr 14 . 19----B8 C!. . QEIlER.\L Homr'S1Jhtlllllr. c:---7f- J ~-t>-~ My commission expire' K. A. GOOSIC NOTARY PUBLIC '7 b _. Mrc.... Ell- "I I, 1989 (5elIl)