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c- 0101414
<br />Together with all and singular tenements, hereditaments, privileges and appurtenances, now or hereafter located upon or
<br />belonging to or in anywise appertaining to the above described property, or any part thereof, including any right of
<br />homestead and every contingent right or estate therein.
<br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances thereunto belonging: In
<br />Trust Nevertheless, that in case of default in the payment of said Deed of Trust Note or any part thereof, or in the payment
<br />of the interest thereon, according to the tenor and effect of said Deed of Trust Note, principal or interest, if any, or in case
<br />default shall be made in or in case of violation or breach of any of the terms, conditions, covenants, or agreements herein
<br />contained, then all sums secured hereby shall immediately become due and payable at the option of the holder of the Deed
<br />of Trust Note, and the Trustee may proceed to sell the property in accordance with the Nebraska Trust Deeds Act (Section
<br />76 -1001 et. seq.). Trustee shall receive a fee of One Percent (I%) of the entire indebtedness then owing to Beneficiary as
<br />a fee in exercising the power of sale.
<br />And the Trustor covenants and agrees to and with the Trustee, that at the time of the ensealing of and delivery of these
<br />presents, he is well seized of the said premises in fee simple and has good right, full power, and lawful authority to grant,
<br />bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear of all liens and
<br />encumbrances whatever and the herein bargained premises in the quiet and peaceable possession of the Trustee against all
<br />and every person or persons lawfully claiming or to claim the whole or any part thereof, Trustor shall and will warrant
<br />and forever defend.
<br />And the Trustor hereby represents and warrants to Beneficiary (i) that the mortgaged premises does not have stored or
<br />contained on it any waste, asbestos, oil or petroleum hydrocarbons except as previously disclosed to Beneficiary in
<br />writing, pesticides or toxic or hazardous substances or any such materials, including such materials in underground storage
<br />tanks, other than those pesticides, herbicides and other agricultural chemicals, or products customarily used in agricultural
<br />and commercial operations of the type currently conducted by Trustor on the mortgaged premises; (ii) that Trustor has
<br />never been and is not now party to any litigation or administrative proceedings and none is presently threatened, which
<br />asserts or alleges that Trustor violated any federal, state or local environmental law, statute, or regulation or the common
<br />law of any state pertaining to the condition or use of real property; (iii) that neither Trustor nor the mortgaged premises is
<br />or has been subject to any judgment, decree, order or citation related to or arising out of any federal, state or local
<br />environmental law, statute, or regulation; (iv) as to all operations, including but not limited to the use of the pesticides,
<br />herbicides, other agricultural chemicals and oil or petroleum hydrocarbons so used in agricultural and commercial
<br />operations on the mortgaged premises, Trustor represents and warrants that during all previous times, and in the future
<br />times while Beneficiary has a mortgage interest in the mortgaged premises, Trustor has been and will be in compliance
<br />with all present and future federal, state and local environmental statutes, regulations, and ordinances and have and will
<br />secure and hold all applicable licenses and permits. Trustor shall, if required by Beneficiary, have an engineer satisfactory
<br />to Beneficiary perform an environmental investigation of the mortgaged premises including but not limited to soil and
<br />ground water analysis if deemed necessary by the engineer, to determine the existence and levels of hazardous substances
<br />on the mortgaged premises, and assess compliance with all applicable federal, state and local environmental laws, statutes
<br />and regulations. This Deed of Trust is conditioned on the engineer issuing a report prior to closing certifying that his
<br />inspection disclosed no evidence that the mortgaged premises contains above surface, surface or subsurface contamination
<br />by any hazardous waste, asbestos, oil or petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in
<br />any federal, state or local environmental law, statute or regulation and that the Trustor is otherwise in compliance with the
<br />applicable laws, statutes and regulations referred to herein. Trustor hereby further represents and warrants to Beneficiary
<br />that it has not caused or permitted and Trustor will not hereafter cause or permit (i) the use of the mortgaged premises for
<br />any of (a) a sanitary landfill, (b) a dump, or (c) disposal of waste, oil or petroleum hydrocarbons, pesticides or toxic or
<br />hazardous substances as defined in any federal, state or local environmental law, statute or regulation of any kind, (ii) the
<br />deposit or location in, under or upon the mortgaged premises or any adjacent parcels thereto of any such waste, oil,
<br />pesticides, substances or materials in violation of any applicable federal, state or local environmental law, statute or
<br />regulation, or (iii) the contamination by any such waste, oil or petroleum hydrocarbons, pesticides, substances or materials
<br />of any part of the mortgaged premises or any adjacent parcels thereto, including ground water located thereon. All toxic
<br />or hazardous substances or materials, or oil or petroleum hydrocarbons as defined in any federal, state or local
<br />environmental law, statute or regulation, which have been or may be used by any person for any purpose upon the
<br />mortgaged premises have been and shall be used or stored thereon only in a safe, approved manner, in accordance with all
<br />industrial standards and all laws, regulations and requirements for such storage promulgated by any governmental
<br />authority. The mortgaged premises has not been and will not hereafter be used for the purpose of storing such substances
<br />for any use other than normal business operations and no such storage or use has been or will hereafter otherwise be
<br />allowed on the mortgaged premises or any adjacent parcels thereto in such a manner which has caused or will cause, or
<br />which has increased or will increase the likelihood of causing, the release of such substances onto the mortgaged premises
<br />or any adjacent parcels thereto. Trustor agrees to provide the Beneficiary copies of the following immediately upon
<br />receipt of any correspondence, notice, pleading, citation, complaint, order, decree or other documents from any source
<br />(public entity or private actual or potential litigant) asserting or alleging a circumstance or condition in violation of any
<br />federal, state or local environmental law, statute or regulation or the common law of any state pertaining to the use or
<br />condition of real property. Trustor shall protect, defend, indemnify and hold Beneficiary harmless from and against all
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