|
202103242
<br />given to Borrower pursuant to Section 25 and the notice of acceleration given to Borrower pursuant to Section 15 shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 17.
<br />18. Hazardous Substances. As used in this Section 18: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,
<br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the
<br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />19. Additional Property Subject To The Security Instrument. This Security Instrument also constitutes a
<br />security agreement within the meaning of the Uniform Commercial Code as adopted in the State of Nebraska (the "UCC").
<br />In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property
<br />to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the
<br />Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or
<br />used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying
<br />or distributing heating, cooling electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and
<br />access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers,
<br />disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached
<br />mirrors, cabinets. paneling, attached floor coverings, irrigation pipes and pumps, livestock fencing and pens. windmills and
<br />related equipment and pumps, grain bins and storage bins and specifically: All water and water rights now owned or
<br />hereafter acquired by Debtor and howsoever evidenced, whether such water and water rights are riparian,
<br />appropriative or otherwise and whether or not appurtenant to the real estate described herein, all ditch/pond and
<br />ditch/pond rights and any shares of stock, licenses, permits and contracts evidencing such water or ditch rights, and
<br />all wells, reservoirs, dams, embankments or fixtures relating thereto, along with all replacements, substitutions,
<br />accessions thereto and proceeds derived therefrom.
<br />All irrigation equipment of every kind and nature, including but not limited to center irrigation pivots.
<br />pumps, pvc pipe, sprinklers, motors, well equipment, pumps and power units, now owned or hereafter acquired by
<br />Debtor and now or hereafter located and situated on the real estate described herein, along with all replacements,
<br />substitutions, accessions thereto and proceeds derived therefrom.
<br />, all of which, including replacements and additions thereto, shall be deemed to be and remain a part ofthe Property
<br />covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or
<br />NEBRASKA --Farmer Mac UNIFORM INSTRUMENT Form 5000.28
<br />10 ©PeirsonPatterson, LLP. 2021
<br />211020290429 [Doc Id 9701 M01252021]
<br />
|