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NebDocs January 2015 <br />201602027 <br />of the environment or the regulation or control of toxic or hazardous substances or materials. <br />Borrower hereby warrants and represents to Lender that there are no toxic or hazardous <br />substances or materials on or under the Property. Borrower does hereby indemnify and hold <br />Lender harmless, and any successors to Lender's interest, from and against any and all claims, <br />damages, losses and liabilities arising in connection with the presence, use, disposal or transport <br />of any substance the subject of any environmental law, regulation or control of toxic or <br />hazardous substances or materials on, under, from or about the property. This indemnity shall <br />survive reconveyance of the property secured by this DOT. <br />9. Use & Preservation of Property: Borrower shall use the Property for livestock ranching <br />and for lawful purposes only; and shall not substantially change the Property, allow the Property <br />to deteriorate, or commit or permit waste. Borrower shall comply with all laws and regulations <br />applicable to the use of the Property, and shall maintain the improvements thereon in good <br />repair. <br />10. Inspection: Lender or Lender's agents may make reasonable entries on the Property for <br />purposes of inspection. <br />11. Transfer of Property: Borrower enters into this agreement with responsibility owed to the <br />Lender, and on the basis of the amicable relations which have previously existed between Lender <br />and Borrower with respect to the subject Property. Should Borrower desire to sell or encumber <br />the subject Property or any part thereof, Borrower shall forthwith obtain the consent of Lender to <br />such sale or encumbrance while any sums remain due on the Note secured by this Deed of Trust. <br />Should Borrower sell or encumber any part of the subject Property or any interest therein to any <br />third party, or enter into an agreement to sell, encumber, or create an interest in a third person in <br />the Property without the consent of Lender, other than the granting of a farm lease to a third <br />party or the granting of an oil, gas, or other mineral lease on any part of the premises, or should <br />Borrower permit any part of the subject premises or any interest therein to become subject to a <br />lien of any kind without the consent of Lender, Lender, at the Lender's option, can declare the <br />entire indebtedness remaining due and unpaid secured hereby immediately due and payable, and <br />exercise any remedies available under the provisions of this DOT. This provision shall not apply <br />to Borrower's grant of a farm lease to a third party or Borrower's grant of an oil, gas, or other <br />mineral lease to a third party. <br />12. Mineral Interests: Borrower hereby transfers, assigns and conveys to Lender all bonuses, <br />royalties, delay rentals, rents, shut -in gas or oil well royalties and all other benefits that may from <br />time to time become due and payable to Borrower, or their assigns, under any oil, gas or other <br />mineral lease of any kind now existing or that may hereafter be effective on the Property or any <br />part thereof secured hereby. Borrower, however, shall have the right to collect and retain any <br />such bonuses, royalties, delay rentals, shut -in gas or oil royalties, and all other benefits that may <br />from time to time become due and payable to Borrower prior to acceleration by Lender of such <br />balance due as provided herein or on Borrower's abandonment of the Property. All sums Lender <br />receives under this collateral assignment of mineral interests shall be applied, first, to reimburse <br />Lender for any sums advanced by Lender for protection of the Property, second, to accrued <br />interest, and the balance to principal remaining unpaid. Any application of principal shall not <br />delay the due date of any subsequent installment that should become due under this DOT or the <br />Note secured hereby. On payment in full of the DOT debt and reconveyance of record to <br />Form# 15.0603 <br />Page 3 <br />