|
estate therein.
<br />200103013
<br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances
<br />thereunto belonging: In Trust Nevertheless, that in case of default in the payment of said Deed of
<br />Trust Note or any part thereof, or in the payment of the interest thereon, according to the tenor
<br />and effect of said Deed of Trust Note, principal or interest, if any, or in case default shall be
<br />made in or in case of violation or breach of any of the terms, conditions, covenants, or
<br />agreements herein contained, then all sums secured hereby shall immediately become due and
<br />payable at the option of the holder of the Deed of Trust Note, and the Trustee may proceed to
<br />sell the property in accordance with the Nebraska Trust Deeds Act (Section 76 -1001 et. seq.).
<br />Trustee shall receive a fee of One Percent (1 %) of the entire indebtedness then owing to
<br />Beneficiary as 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
<br />and delivery of these presents, he is well seized ,of the said premises in fee simple and has good
<br />right, full power, and lawful authority to grant, bargain, sell and convey the same in manner and
<br />form as aforesaid; and that the same are free and clear of all liens and encumbrances whatever
<br />and the herein bargained premises in the quiet and peaceable possession of the Trustee against
<br />all and every person or persons lawfully claiming or to claim the whole or any part thereof,
<br />Trustor shall and will warrant and forever defend.
<br />Trustor hereby represents and warrants to Beneficiary (i) that the mortgaged premises does not
<br />have stored or contained on it any waste, asbestos, oil or petroleum hydrocarbons except as
<br />previously disclosed to Beneficiary in writing, pesticides or toxic or hazardous substances or any
<br />such materials, including such materials in underground storage tanks, other than those
<br />pesticides, herbicides and other agricultural chemicals, or products customarily used in
<br />agricultural and commercial operations of the type currently conducted by Trustor on the
<br />mortgaged premises; (ii) that Trustor has never been and is not now party to any litigation or
<br />administrative proceedings and none is presently threatened, which asserts or alleges that Trustor
<br />violated any federal, state or local environmental law, statute, or regulation or the common law
<br />of any state pertaining to the condition or use of real property; (iii) that neither Trustor nor the
<br />mortgaged premises is or has been subject to any judgment, decree, order or citation related to or
<br />arising out of any federal, state or local environmental law, statute, or regulation; (iv) as to all
<br />operations, including but not limited to the use of the pesticides, herbicides, other agricultural
<br />chemicals and oil or petroleum hydrocarbons so used in agricultural and commercial operations
<br />on the mortgaged premises, Trustor represents and warrants that during all previous times, and
<br />in the future times while Beneficiary has a mortgage interest in the mortgaged premises, Trustor
<br />has been and will be in compliance with all present and future federal, state and local
<br />environmental statutes, regulations, and ordinances and have and will secure and hold all
<br />applicable licenses and permits. Trustor shall, if required by Beneficiary, have an engineer
<br />satisfactory to Beneficiary perform an environmental investigation of the mortgaged premises
<br />including but not limited to soil and ground -water analysis if deemed necessary by the engineer,
<br />to determine the existence and levels of hazardous substances on the mortgaged premises, and
<br />assess compliance with all applicable federal, state and local environmental laws, statutes and
<br />regulations. Trustor hereby further represents and warrants to Beneficiary that it has not caused
<br />-3-
<br />
|