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r-- therein, including recitals concerning any mailing, personal dtlivery and publication of the notice of default, any mailing and the publication and posting of notice of sale, and the conduct of sale: and such reciEa! shall constitute prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value and wiidrout native. The'tetrstee's deed shall operate to=convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest and claim of the tnrstor and his successors in interest and of all persons claiming by or through• or tih~lbi• theiei, r`ri and tb tfie property sold, including all such right', tilde; ,interest and`clzsiirr in and to such ., .~.. w, : ... prepesty"atiltrtr~d Fi'y t~ze trus[oc or'his sitc~ts~rs in 'srtterAst subsegtlent'id the eRecttf#on o1`ihe~t~ttstts: Tha trustsdslrs3Y a~j3fy'"the proceeds of the trustee's sale, first, to the cost and expertses of exercising-.the power of sale, and of the sale, including the payment of the t~astees fees a. tually incurred not to exceed the amount which may be provided for in the trust deed, second, to payment of the ohli~ations secursd by the trust deed, and the balance, if any, to the person or persons legally entitled thereto. And the Trustee covenants faithfully to pest~orm the trust herein created. BEhlEF1C[ARY may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to exet:iite this=`I°iiis> Dt~rd'. U~i2instic"ti appoihtrrient~and without'conveyance~vo~fifesticdes$or°Zrt~teq~trelatter shaft ~be vested with all title, powers, and duties confezred upon any 'Trustee'iierzin named:or~actirig hereundt~: Each such appointment and substitution shall be made try written instrument and executed by Beneficiary, containing reference to this Trust Deed and tts place of record, which. when recorded in the office cf the Register of Deeds of the county or counties in which said property is situated, shat! he conclusive proof of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure therefore shalt not be exclusive of the power and procedure provided for by law far the substitution of a Trustee ar Trustees in the place of the Trustee or Trustees named herein. The waiver by Trustee or Beneficiary of any default of Tnustor under this Trust Deed shall nat be or be deemed to be a waiver of any other or similar defaults subsequently occurring. "this T,,-~st Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto. Tne Trust Deed shall be construed according to the laws of she State of Nebraska. £he Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him by certified matt 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 tar an agricultural activity. 9 Wherever the context so requires, singulaz words shall be construed in the plural and vice versa, and the masculine gender shall be construed to include the femirtine and vice versa. cn ~ - WITNESS 'ApHE~F, the Trustor has hereunto set his hand the day and year fiat above written. ~ `_ ~ i'RU~ OR ,loseph F. Martinez r..t ~ ¢ ~ TRUSTQR $~~ Martinez ~~~ STATE UF__ tdebra C©UNTY 4F ~ ert _^_ ~ SS. Before me, a Notary Public, qualified try said county, personally came Jose _ F. Martinez and _ Belem >!~lrtiaez known to me to be the identical person(s) who signed the foregoing instrument and acknowled d the execution thereat to he his, her or their volunt • , d deed. Witness my hand and Notarial Seal on_ -~s. l~tla ~_v., !4_81 ~ < y " ~7 _ My commission expires: ~~ 84 ~~ . S „~- ~/ ~`.t~f ~-t" --- Nt1TARY PUBLt . (seal ) l~S~ ~.. ~6iifTf 210 ~i#>a2