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therein, including recitals concerning any mailing, personal delivery and publication of the notice of defauh, any mailing <br />and the publication and posting of notice of sale, 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 Tide purchasers and encumbrancers for value <br />and without notice. The trustee's deed shall operate to convey to the purchaser, without rigYtt of redemption, the tmstee'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 />through or under them; in and to the pmper[y sold, including all such right, title, interest and claim in and to such <br />property acquired by the trusioi or his successors in interest subsequent to the execution bf the trustee. The trustee shall <br />apply the proceeds of the trustee's sale, first, to tine cost and expenses of exercising the power of sale, and of the sale, <br />including the payment of the trustees fees actually incurred not to exceed the amount which may be provided far 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 />persons legally entitled thereto. <br />And the Trustee covenants faithfully to perform the tnist herein created. <br />BENEFICIARY may from time to time substitute a successor or successors to any Trustee named herein: or acting <br />hereunder to execu*.e this Trust Deed. Upon such appointment and without conveyance to the successor Trustee, the latter <br />shall'be vested with alt 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 ,`.erein. <br />The waiver by Trustee or $eneficiary of any default of Trustor under this Trust Deed shall not be or be deemed to be <br />a waiver of any other or similar defaults subsequently occurring. <br />This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns <br />of the parties hereto. <br />The Trust Deed shall be construed according to the laws of the State of Nebraska. <br />The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed Lo him by <br />certified mail at the address hereinbefore set forth and evidence oT such mailing shall constitute evidence of receipt of <br />such notice. <br />Trustor represents and warrants that the above described real estate cs not used for an sgricultura! activity. <br />Wherever the context so requires, -singular words shall he construed in [he plural and vice versa, and the masculine <br />gender shall be constnued to include the feminine and vice versa. <br />IN WITNESS WHEREOF, the Truster has hereunto set his hand the day and year firs[ above written. <br />STATE OF' N b asi<~ ___ <br />COUNTY OF t•an as r ~ SS. <br />a <br />r, / ~'~~ ,r' . <br />Joseph F. Martinez <br />1 'TOR Selen Martinez <br />$efore me, a Notary Public, yualifieci by said county, personally came -_~iQS€Pft-?`._HaL'~~p_t~z ___ and <br />salon Mar sn - known to me to he Cite identical person(s) who signed [ha foregoing instrument <br />and acknowledged the execution thereof to be his, her or their voluntary act and deed. Wihtess my hand and Notarial Seal <br />on .tu1~ 9t)rh 1984_... <br />c, ~ .-; <br />My commission expires: 9/26/Sp ~ ~ ~-o '~ P ~ <br />G7 NOTARY PUBLIC ~ ~ _ m ~ -. ~ ~.i~ <br />- _ ~= {~_ <br />~, n <br />~ (seall _ I" ` Q ~ <br />a <br />~ ..,,_ ...,..... - , _ .-.,....~ ,.- i O N <br />Ni ~ Y <br />t'4: to ar wu_n~~ _ (~C.1p <br />~ asoa n ~ ~ r.r R <br />z <br />0 <br />