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200009785
<br />environmental investigation of the mortgaged premises including but not limited to soil and ground water analysis if deemed
<br />necessary by the engineer, 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 regulations. This Deed of
<br />Trust is conditioned on the engineer issuing a report prior to closing certifying that his inspection disclosed no evidence that
<br />the mortgaged premises contains above surface, surface or subsurface contamination by any hazardous waste, asbestos, oil or
<br />petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal, state or local environmental
<br />law, statute or regulation and that the Trustor is otherwise in compliance with the applicable laws, statutes and regulations
<br />referred to herein. Trustor hereby further represents and warrants to Beneficiary that it has not caused or permitted and
<br />Trustor will not hereafter cause or permit (1) the use of the mortgaged premises for any of (a) a sanitary landfill, (b) a dump,
<br />or (c) disposal of waste, oil or petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal,
<br />state or local environmental law, statute'or regulation of any kind, (ii) the deposit or location in, under or upon the mortgaged
<br />premises or any adjacent parcels thereto of any such waste, oil, pesticides, substances or materials in violation of any
<br />applicable federal, state or local environmental law, statute or regulation, or (iii) the contamination by any such waste, oil or
<br />petroleum hydrocarbons, pesticides, substances or materials of any part of the mortgaged premises or any adjacent parcels
<br />thereto, including ground water located thereon. All toxic or hazardous substances or materials, or oil or petroleum
<br />hydrocarbons as defined in any federal, state or local environmental law, statute or regulation, which have been or may be
<br />used by any person for any purpose upon the mortgaged premises have been and shall be used or stored thereon only in a
<br />safe, approved manner, in accordance with all industrial standards and all laws, regulations and requirements for such
<br />storage promulgated by any governmental authority. The mortgaged premises has not been and will not hereafter be used for
<br />the purpose of storing such substances for any use other than normal business operations and no such storage or use has been
<br />or will hereafter otherwise be allowed on the mortgaged premises or any adjacent parcels thereto in such a manner which has
<br />caused or will cause, or which has increased or will increase the likelihood of causing, the release of such substances onto
<br />the mortgaged premises or any adjacent parcels thereto. Trustor agrees to provide the Beneficiary copies of the following
<br />immediately upon receipt of any correspondence, notice, pleading, citation, complaint, order, decree or other documents
<br />from any source (public entity or private actual or potential litigant) asserting or alleging a circumstance or condition in
<br />violation of any federal, state or local environmental law, statute or regulation or the common law of any state pertaining to
<br />the use or condition of real property. Trustor shall protect, defend, indemnify and hold Beneficiary harmless from and
<br />against all loss, cost (including attorneys' fees), liability, damage, claim or obligation, whenever asserted or brought, known
<br />or unknown, (i) arising in connection with or resulting from any breach of warranty, misrepresentation or nonfulfillment of
<br />any agreement by Trustor herein, (ii) based upon or otherwise resulting from an alleged or claimed violation of any federal,
<br />state or local environmental law, regulation or ordinance, or common law of any state, including but not limited to any tort
<br />claims, that pertain or relate in any respect or manner to the mortgaged premises, incurred by Beneficiary by reason of any
<br />violation of any applicable statute or regulation (whether such liability is to a private party or any government unit, state or
<br />federal), or (iii) by reason of the imposition of any governmental lien for the recovery of environmental cleanup costs
<br />expended by reason of such violation, without regard to fault on the part of the Trustor. This indemnity shall survive the
<br />termination of Trustor's indebtedness to Beneficiary and shall continue thereafter so long as Beneficiary is subject to any
<br />possible claim or threatened, pending or completed action, suit, or proceeding, whether civil, criminal or investigative, by a
<br />Federal, State or other governmental body or private party or parties, regarding the health, industrial hygiene, occupational or
<br />the environmental conditions on, under or about the mortgaged premises.
<br />And the Trustor will pay all taxes and assessments on said premises immediately when they become due and payable; and at
<br />the request of the legal holder of said Deed of Trust Note will keep all buildings, fixtures and other improvements, including,
<br />without limitation all irrigation equipment that may at any time be on said premises, during the continuance of said
<br />indebtedness, insured against loss by fire, lightning and windstorm, in such company or companies and for such amounts as
<br />the holder of said Deed of Trust Note may from time to time direct, not to exceed the amount of said indebtedness, except at
<br />the option of Trustor, with loss, if any, payable to the Beneficiary hereunder as its interest may appear, and will deliver the
<br />policy or policies of insurance, accompanied by premium receipts to the Beneficiary hereunder, as further security for the
<br />indebtedness aforesaid. And in case of the refusal or neglect of Trustor to thus insure and deliver such policies of insurance
<br />or to pay such taxes or assessments, then the holder of said Deed of Trust Note may procure such insurance, or pay such
<br />taxes or assessments, and all moneys thus paid, with interest thereon at 16.000 percent per annum, shall become so much
<br />additional indebtedness, secured by this Deed of Trust, and shall be paid out of the proceeds of the sale of the lands and
<br />premises aforesaid, if not otherwise paid by said Trustor.
<br />Each party to this Trust Deed requests that a copy of any notice of default and a copy of any notice of sale hereunder be
<br />mailed to each such party at the address set forth herein, as provided by the Nebraska Trust Deeds Act.
<br />And in the event of the foreclosure of this Deed of Trust, Trustor covenants and agrees to pay the cost of extending the
<br />abstract of title or obtaining a certificate of title from the date of recording this Deed of Trust to the date of filing suit, and
<br />upon failure of said party to do so, all money so advanced by Trustee shall bear interest at the rate of 16.000 percent per
<br />annum and shall be secured by this indenture. In addition, Trustor agrees to pay a reasonable attorney's fee for the
<br />prosecution of a foreclosure action, which shall be added to the principal balance at the time a foreclosure decree is entered
<br />or shall be paid by the Trustor if Trustee agrees that the default may be cured after the institution of a foreclosure suit.
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