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<br />M. Erosion. Any loan proceeds are used for a purpose that will contribute to excessive
<br />erosion of highly erodible land or to the conversion of wetlands to produce or to make
<br />possible the production of an agricultural commodity, as provided by 7 CFR Part 12.
<br />N. Other Events. Anything else happens that causes Lender to reasonably believe that the
<br />prospect of payment, performance or realization of the Property is significantly impaired,
<br />17. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all
<br />remedies Lender has under state or federal law or in any document relating to the Secured
<br />Debts, including, without limitation, the power to sell the Property. Any amounts advanced on
<br />Grantor's behalf will be immediately due and may be added to the balance owing under the
<br />Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that
<br />may be available on Grantor's default.
<br />Subject to any right to cure, required time schedules or any other notice rights Grantor may
<br />have under federal and state law, Lender may make all or any part of the amount owing by the
<br />terms of the Secured Debts immediately due and foreclose this Security instrument in a manner
<br />provided by law upon the occurrence of an Event of Default or anytime thereafter.
<br />If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted
<br />remedy, at the request of Lender, advertise and sell the Property as a whole or in separate
<br />parcels at public auction to the highest bidder for cash. Trustee will give notice of sale
<br />including the time, terms and place of sale and a description of the Property to be sold as
<br />required by the applicable law in effect at the time of the proposed sale.
<br />To the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in
<br />the following order: to all fees, charges, costs and expenses of exercising the power of sale and
<br />the sale; to Lender for all advances made for repairs, taxes, insurance, liens, assessments and
<br />prior encumbrances and interest thereon; to the Secured Debts' principal and interest; and
<br />paying any surplus as required by law. Lender or its designee may purchase the Property.
<br />Upon any sale of the Property, Trustee will make and deliver a trustee's deed that conveys all
<br />right, title and interest to the Property that was sold to the purchaser(s). The recitals in any
<br />deed of conveyance will be prima facie evidence of the facts set forth therein.
<br />All remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies
<br />provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any
<br />sum in payment or partial payment on the Secured Debts after the balance is due or is
<br />accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's
<br />right to require full and complete cure of any existing default. By not exercising any remedy,
<br />Lender does not waive Lender's right to later consider the event a default if it continues or
<br />happens again.
<br />18. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br />Environmental Law means, without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and
<br />local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters
<br />concerning the public health, safety, welfare, environment or a hazardous substance; and (2)
<br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
<br />contaminant which has characteristics which render the substance dangerous or potentially
<br />dangerous to the public health, safety, welfare or environment. The term includes, without
<br />limitation, any substances defined as "hazardous material," "toxic substance," "hazardous
<br />waste," "hazardous substance," or "regulated substance" under any Environmental Law.
<br />Grantor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous
<br />Substance has been, is, or will be located, transported, manufactured, treated, refined, or
<br />handled by any person on, under or about the Property, except in the ordinary course of
<br />business and in strict compliance with all applicable Environmental Law.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not
<br />and will not cause, contribute to, or permit the release of any Hazardous Substance on the
<br />Property.
<br />C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous
<br />Substance occurs on, under or about the Property or migrates or threatens to migrate from
<br />nearby property; or (2) there is a violation of any Environmental Law concerning the
<br />Property. In such an event, Grantor will take all necessary remedial action in accordance
<br />with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no
<br />knowledge of or reason to believe there is any pending or threatened investigation, claim, or
<br />proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
<br />the Property; or (2) any violation by Grantor or any tenant of any Environmental Law.
<br />Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe
<br />there is any such pending or threatened investigation, claim, or proceeding. In such an
<br />KOWALSKI FAMILY FARMS, INC.
<br />Nebraska Deed Of Trust
<br />NE /4Sgartre100000000001544030N
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<br />Wolters Kluwer Financial Services 0 1996, 2018 Bankers Page 5
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