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201203748
<br />(1) Environmental Matters. Grantor will defend, indemnify and hold Beneficiary
<br />and its directors, officers, agents and employees harmless from and against all claims, demands,
<br />causes of action, liabilities, losses, costs and expenses (including, without limitations, costs of
<br />suit, reasonable attorneys' fees and fees of expert witnesses) arising from or in connection with
<br />(i) the presence in, on or under or the removal from the Mortgaged Property of any hazardous
<br />substances or solid wastes (as hereafter defined), or any releases or discharges of any hazardous
<br />substances or solid wastes on, under or from such Mortgaged Property, (ii) any activity carried
<br />on or undertaken on or off the Mortgaged Property, whether prior to or during the term of this
<br />Deed of Trust, and whether by Grantor or any predecessor in title or any officers, employees,
<br />agents, contractors or subcontractors of Grantor or any predecessor in title, or any third persons
<br />at any time occupying or present on the Mortgaged Property, in connection with the handling,
<br />use, generation, manufacture, treatment, removal, storage, decontamination, clean-up, transport
<br />or disposal of any hazardous substances or solid wastes at any time located or present on or
<br />under the Mortgaged Property, or (iii) any breach of any environmental representation, warranty
<br />or covenant under the terms of this Deed of Trust. The foregoing indemnity and hold harmless
<br />shall not apply to any such event (i) occurring after foreclosure by Beneficiary or a deed in lieu
<br />of foreclosure in favor of Beneficiary and (ii) caused by Beneficiary or any owner subsequent to
<br />Grantor. The foregoing indemnity shall further apply to any residual contaminations on or under
<br />the Mortgaged Property, or affecting any natural resources, and to any contamination of the
<br />Mortgaged Property or natural resources arising in connection with the generation, use, handling,
<br />storage, transport or disposal of any such hazardous substances or solid wastes, and irrespective
<br />of whether any of such activities were or will be undertaken in accordance with applicable laws,
<br />regulations, codes and ordinances. The terms "hazardous substance" and "release" as used in this
<br />Deed of Trust shall have the meanings specified in the Comprehensive Enviromnental Response,
<br />Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and
<br />Reauthorization Act of 1986 (as amended, "CERCLA"), and the terms "solid waste" and
<br />"disposal" (or "disposed") shall have the meanings specified in the Resource Conservation and
<br />Recovery Act of 1976, as amended by the Used Oil Recycling Act of 1980, the Solid Waste
<br />Disposal Act Amendments of 1980, and the Hazardous and Solid Waste Amendments of 1984
<br />(as amended, "RCRA"); provided, in the event that the laws of the State of Nebraska establish a
<br />meaning for "hazardous substance", "release", "solid waste" or "disposal" which is broader than
<br />that specified in either CERCLA or RCRA, such broader meaning shall apply. Without prejudice
<br />to the survival of any other agreements of Grantor hereunder, the provisions of this Section shall
<br />survive the final payment of all Obligations and the termination of this Deed of Trust and shall
<br />continue thereafter in full force and effect.
<br />(m) Further Assurances. Grantor will, promptly on request of Beneficiary, (i) correct
<br />any defect, error or omission which may be discovered in the contents, execution or
<br />acknowledgment of this Deed of Trust or any other Credit Document; (ii) execute, acknowledge,
<br />deliver, procure and record and/or file such further documents (including, without limitation,
<br />further mortgages, security agreements, financing statements, continuation statements, and
<br />assignments of rents or leases) and do such further acts as may be necessary, desirable or proper
<br />to carry out more effectively the purposes of this Deed of Trust and the other Credit Documents,
<br />to more fully identify and subject to the liens and security interests hereof any property intended
<br />to be covered hereby (including specifically, but without limitation, any renewals, additions,
<br />substitutions, replacements, or appurtenances to the Mortgaged Property) or as deemed advisable
<br />Bolton Farm - Loan 195618
<br />JM MDAI 1095245 vI
<br />0-0 05/03/2012
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