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200009785
<br />It is agreed that all irrigation pumps, motors, engines pipes, sprinklers, control panels and accessories, and all other
<br />irrigation equipment together with all water and watering rights of every kind and description, and all improvements,
<br />fixtures and appurtenances connected therewith now or hereafter placed or installed on said premises shall be construed
<br />as affixed to and a part of the real estate hereinabove described and subject to all of the provisions of this Deed of Trust.
<br />The Note secured by this Deed of Trust is further secured by a Financing Statement and Security Agreement of even date
<br />herewith, covering all equipment, improvements, fixtures and appurtenances as described in said Financing Statement
<br />and Security Agreement.
<br />For purposes of facilitating the recording hereof, this Deed of Trust has been executed in three counterparts all of which
<br />shall be taken to be an original and all of which together or anyone thereof shall be deemed to constitute but one and the
<br />same instrument.
<br />Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, issues
<br />and profits of the property and of any personal property located thereon with or without taking possession of the property
<br />affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue
<br />and become payable, so long as Trustor is not, at such time, in default with respect to payment of any indebtedness secured
<br />hereby, or in the performance of any agreement hereunder. If any event of default described hereafter in respect to this Deed
<br />of Trust shall have occurred and be continuing, Beneficiary, as a matter of right and without notice to Trustor or anyone
<br />claiming under Trustor, and without regard to the value of the trust estate or the interest of the Trustor therein, shall have the
<br />right to apply to any court having jurisdiction to appoint a receiver of the property. It is further agreed that in case of default
<br />in the payment of the said principal Deed of Trust Note or interest, or any part thereof, as it shall mature, or in the case of
<br />failure to keep or perform any of the covenants or agreements contained in this Deed of Trust, then the Beneficiary, its
<br />successors or assigns, shall be and is hereby authorized and empowered to take immediate possession of the said premises
<br />hereby conveyed and all crops thereon, or to collect the rents therefrom, and to apply the proceeds thereof to the payments of
<br />the debt hereby secured.
<br />Together with all and singular tenements, hereditaments, privileges and appurtenances, now or hereafter located upon or
<br />belonging to or in anywise appertaining to the above described property, or any part thereof, including any right of
<br />homestead and every contingent right or estate therein.
<br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances thereunto belonging: In Trust
<br />Nevertheless, that in case of default in the payment of said Deed of Trust Note or any part thereof, or in the payment of the
<br />interest thereon, according to the tenor and effect of said Deed of Trust Note, principal or interest, if any, or in case default
<br />shall be made in or in case of violation or breach of any of the terms, conditions, covenants, or agreements herein contained,
<br />then all sums secured hereby shall immediately become due and payable at the option of the holder of the Deed of Trust
<br />Note, and the Trustee may proceed to sell the property in accordance with the Nebraska Trust Deeds Act (Section 76 -1001
<br />et. seq.). Trustee shall receive a fee of One Percent (1 %) of the entire indebtedness then owing to Beneficiary as a fee in
<br />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 and delivery of these
<br />presents, he is well seized of the said premises in fee simple and has good right, full power, and lawful authority to grant,
<br />bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear of all liens and
<br />encumbrances whatever and the herein bargained premises in the quiet and peaceable possession of the Trustee against all
<br />and every person or persons lawfully claiming or to claim the whole or any part thereof, Trustor shall and will warrant and
<br />forever defend.
<br />And the Trustor hereby represents and warrants to Beneficiary (i) that the mortgaged premises does not have stored or
<br />contained on it any waste, asbestos, oil or petroleum hydrocarbons except as previously disclosed to Beneficiary in writing,
<br />pesticides or toxic or hazardous substances or any such materials, including such materials in underground storage tanks,
<br />other than those pesticides, herbicides and other agricultural chemicals, or products customarily used in agricultural and
<br />commercial operations of the type currently conducted by Trustor on the mortgaged premises; (ii) that Trustor has never
<br />been and is not now party to any litigation or administrative proceedings and none is presently threatened, which asserts or
<br />alleges that Trustor violated any federal, state or local environmental law, statute, or regulation or the common law of any
<br />state pertaining to the condition or use of real property; (iii) that neither Trustor nor the mortgaged premises is or has been
<br />subject to any judgment, decree, order or citation related to or arising out of any federal, state or local environmental law,
<br />statute, or regulation; (iv) as to all operations, including but not limited to the use of the pesticides, herbicides, other
<br />agricultural chemicals and oil or petroleum hydrocarbons so used in agricultural and commercial operations on the
<br />mortgaged premises, Trustor represents and warrants that during all previous times, and in the future times while Beneficiary
<br />has a mortgage interest in the mortgaged premises, Trustor has been and will be in compliance with all present and future
<br />federal, state and local environmental statutes, regulations, and ordinances and have and will secure and hold all applicable
<br />licenses and permits. Trustor shall, if required by Beneficiary, have an engineer satisfactory to Beneficiary perform an
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