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201804441
<br />Trust Estate and authority to convey the Trust Estate, (iv) the Trust Estate is and shall at all times be free and clear of
<br />Liens, except Permitted Encumbrances, (v) Grantor will maintain the Lien of this Deed superior to all other Liens,
<br />except Permitted Encumbrances, and will warrant and defend title to the Trust Estate against claims and demands, (vi)
<br />Grantor waives and relinquishes all rights of homestead in the Trust Estate, (vii) Grantor will promptly pay or
<br />discharge all obligations on account of which any Lien (other than Permitted Encumbrances) on the Trust Estate might
<br />exist, (viii) Grantor shall not sell, lease or transfer any of the Trust Estate except as permitted in the Lease Documents,
<br />(ix) Grantor will obtain and maintain all franchises, rights of way, easements, permits, and licenses necessary to
<br />operations of Grantor, and will comply with all laws, ordinances and regulations applicable to it or the Trust Estate,
<br />(x) Grantor will at all times maintain and preserve the Trust Estate in good condition, (xi) Grantor will maintain
<br />liability and property insurance covering the Trust Estate in commercially reasonable amounts, (xii) in the event of
<br />damage to or loss of any portion of the Trust Estate, Grantor shall replace or restore the same to substantially its prior
<br />condition, and, provided no Event of Default then exists, Beneficiary shall provide to Grantor any insurance proceeds
<br />received by Beneficiary upon such terms and conditions as Beneficiary may require, and Grantor shall promptly
<br />complete such replacement or restoration, (xiii) if the Trust Estate or any part thereof is taken under eminent domain
<br />or like power, then all proceeds thereof shall be applied by Grantor to prepayment of the Obligations (in such order
<br />and manner as Beneficiary may elect), (xiv) Grantor shall promptly do all acts as Beneficiary may request to enable
<br />Beneficiary to perfect and maintain the Lien of this Deed and/or Beneficiary's rights and remedies hereunder or in
<br />connection with any assignment by Beneficiary of its rights and interests hereunder, and if Grantor fails to take any
<br />such action, Beneficiary may take such action for and in the name of Grantor, and Grantor hereby irrevocably appoints
<br />Beneficiary as its attorney -in -fact with respect thereto, which appointment is coupled with an interest and irrevocable,
<br />(xv) if Beneficiary advances funds on behalf of Grantor (which advances Grantor hereby authorizes), to ensure
<br />compliance by Grantor with this Deed or any Lease Document, to preserve or protect any interest of Beneficiary in
<br />the Trust Estate or under this Deed or any Lease Document, then such advance shall not excuse Grantor from any
<br />required performance, and Grantor shall pay to Beneficiary upon demand all such advances with interest thereon at a
<br />rate equal to 4% per annum above the rate established by Beneficiary from time to time as its "CoBank Base Rate ",
<br />which advances and interest shall be secured by this Deed and (xvi) Grantor shall abide by all statutes, rules, and
<br />regulations of any and all authorities having jurisdiction over use and distribution of water and water resources, and
<br />further covenants and agrees not to transfer, sell, assign, or relinquish water rights now held or hereafter acquired
<br />covering or related to the Trust Estate without the prior written consent of Beneficiary.
<br />SECTION IV. ENVIRONMENTAL MATTERS. Grantor shall (a) use, handle, transport and store Hazardous
<br />Materials and store or treat non - hazardous wastes in a prudent manner in compliance with all applicable
<br />Environmental Laws, (b) not conduct or allow to be conducted, in violation of any Environmental Law, any activity
<br />on the Trust Estate, or, except in compliance with applicable law, use the Trust Estate to generate, use, handle,
<br />manufacture, treat, store, process, transport or dispose of any Hazardous Materials, (c) not cause or allow to be caused
<br />a release of Hazardous Materials, on, under, or from the Trust Estate, (d) take all appropriate response actions if a
<br />release, emission, discharge or disposal of Hazardous Materials occurs in, on, under, or about the Trust Estate and (e)
<br />maintain in compliance with Environmental Laws all underground tanks, wells, septic tanks, ponds, pits, or any other
<br />storage tanks (whether in use or abandoned) on the Trust Estate. Grantor represents and warrants that (i) neither
<br />Grantor nor its tenants have given, nor were they required to give, nor have they received, any communication that:
<br />(1) Grantor and/or any tenants have violated, or are about to violate, any Environmental Law, judgment or order; (2)
<br />there has been a release, or there is a threat of release, of Hazardous Materials from the Trust Estate; (3) Grantor and/or
<br />its tenants may be or are liable, in whole or in part, for costs of responding to a release or a threatened release of
<br />Hazardous Materials; or (4) the Trust Estate is subject to a Lien for any liability under any Environmental Law, and
<br />(ii) no conditions currently exist or are currently reasonably foreseeable that would subject Grantor to any such
<br />investigation, litigation, administrative enforcement or to any damages, penalties, injunctive relief, or cleanup costs
<br />under any Environmental Law. Upon receipt of any such communication, Grantor and its tenants shall immediately
<br />provide a copy to Beneficiary. Grantor hereby grants, and will cause any tenants to grant, to Beneficiary, its agents,
<br />successors and assigns, an irrevocable license and authorization to enter upon and inspect the Trust Estate, and perform
<br />such tests as Beneficiary determines are necessary to protect its interest. The provisions of this Section IV shall
<br />survive satisfaction of the Obligations, reconveyance or foreclosure of this Deed, acceptance by Beneficiary of a deed
<br />in lieu of foreclosure, or any transfer or abandonment of the Trust Estate.
<br />SECTION V. EVENTS OF DEFAULT AND REMEDIES. (a) Events of Default. Each of the following shall be
<br />an "Event of Default ": (A) default in payment of any Obligation; (B) default in any covenant, representation or
<br />warranty in this Deed; (C) an "Event of Default ", or any other breach or default by Grantor or any other obligor under
<br />any Lease Document; and (D) a material adverse change in the Trust Estate or the value thereof or the ability of
<br />NE FCL 2
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