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200100331
<br />REAL ESTATE MORTGAGE — NEBRASKA Page 6
<br />COOPERATIVE PRODUCERS, INC.
<br />Hastings, Nebraska
<br />(8) Hazardous Materials Defined. The term "Hazardous Materials" shall mean dangerous,
<br />toxic, or hazardous pollutants, contaminants, chemicals, wastes, materials or substances, as
<br />defined in or governed by the provisions of any Environmental Law. R
<br />(9) Environmental Law Defined. The term "Environmental Law" shall mean any federal,
<br />state or local law, statute, ordinance, rule, regulations, administrative order and permit now in
<br />effect or hereinafter enacted, pertaining to the public health, safety, industrial hygiene, or the
<br />environmental conditions on, under or about the Property.
<br />ELEVENTH. That in the event the Mortgagor defaults in the payment of all or any of
<br />the indebtedness, liabilities and obligations of Mortgagor to Mortgagee evidenced by said
<br />Agreement and by one or more Notes, when due whether by acceleration or otherwise, or
<br />defaults in the payment of any insurance premiums or taxes or in the event of the violation of any
<br />of the other conditions, agreements or covenants, or in the event the Mortgagor fails or refuses to
<br />make the investment in the Mortgagee as required by the Farm Credit Act of 1971, as amended,
<br />or upon any change of ownership by legal process, execution, judicial sale, or operation of law,
<br />or if the Mortgagor shall cease the operation of its plant, then the Mortgagee may elect, without
<br />notice, that the whole of the principal sum hereby secured, or so much as shall then remain
<br />unpaid, together with any interest accrued thereon, shall immediately become due and payable,
<br />and the Mortgagee may immediately foreclose this Mortgage or pursue any other available legal
<br />remedy. Provided that in the event of such default and prior to said foreclosure and sale, the
<br />Mortgagee is hereby authorized to enter upon the Property, to take possession of the same, and to
<br />rent or lease any of the Property to any person, who is hereby authorized to occupy the said
<br />Property, the proceeds thereof, after deducting all necessary expenses, to be applied to the
<br />payment of the indebtedness, liabilities and obligations secured hereby; and said Mortgagor
<br />hereby appoints and designates the Mortgagee, or any person appointed by it therefor, as its agent
<br />and attorney in fact, with full power and authority to execute, in the name of and by authority of
<br />the Mortgagor, any instrument by which the Mortgagee exercise any of the rights and privileges
<br />herein conferred. In the event of any action by the Mortgagee to enforce collection of said
<br />indebtedness, liabilities or obligations, the Mortgagor agrees that all taxable costs of such action,
<br />including statutory attorney fees for plaintiffs attorney and the cost of extending the abstract of
<br />title or providing title insurance and any costs necessary to clear title to said Property shall
<br />become a part of said indebtedness, liabilities or obligations secured hereby and shall be paid by
<br />the Mortgagor.
<br />TWELFTH. That the omission of the Mortgagee to exercise any option hereunder, in
<br />case of any default by the Mortgagor, shall not preclude it from the exercise thereof at any
<br />subsequent time, or for any subsequent default, and nothing but a written contract of the
<br />Mortgagee shall be a waiver of any such option.
<br />WIC \ll \U: \WIC_COLL \STATE SPECIFIC \Nebraska\2000\A- L\Hastings\Mtg Hall County, NE 9- 13- OO.doc
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