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20211000:
<br />Property and encumbered hereby. If the use of any irrigation facilities or water serving the Property requires
<br />consent or the use of other property, Trustor shall maintain in effect all requisite easements or other legally
<br />enforceable and assignable rights to use such facilities and/or water to service the Property. Trustor shall
<br />notify Beneficiary if the irrigation water supply to any portion of the Property is interrupted or subject to
<br />interruption for any reason other than temporarily for routine maintenance or repairs in a manner that does
<br />not impair the operation of the Property.
<br />Compliance with Applicable Law. Trustor shall not commit or allow any act upon or use of the Property
<br />which would violate any applicable law, whether now existing or later to be enacted and whether foreseen
<br />or unforeseen, or any public or private covenant, condition, restriction or equitable servitude affecting the
<br />Property.
<br />Taxes and Assessments. Trustor shall pay prior to delinquency all taxes, levies, charges and
<br />assessments imposed by applicable law or any public or quasi -public authority or utility company which are
<br />(or if not paid, may become) a lien on all or part of the Property or any interest in it, and any and all intangible
<br />taxes and documentary stamp taxes determined at any time to be due on or as a result of the Secured
<br />Obligations, this deed of trust or any other Loan Documents, together with any and all interest and penalties
<br />thereon (individually and collectively, "Imposition"). If after the date of this deed of trust, the State of
<br />Nebraska passes any law deducting from the value of Land for the purpose of taxation any lien thereon, or
<br />changing in any way the laws for the taxation of mortgages or debts secured by a mortgage for state or
<br />local purposes, or the manner of the collection of any such taxes, so as to affect this deed of trust, then
<br />within 180 days after notice by Beneficiary to Trustor, Trustor shall pay all Secured Obligations.
<br />Notwithstanding the foregoing provisions of this Section, Trustor may, at its expense, contest the validity
<br />or application of any Imposition by appropriate legal proceedings promptly initiated and conducted in good
<br />faith and with due diligence, provided that: (1) Beneficiary is satisfied that neither the Property nor any part
<br />thereof or interest therein will be in danger of being sold, forfeited, or lost as a result of such contest; and
<br />(2) Trustor shall have posted a bond or furnished such other security required from time to time by
<br />Beneficiary.
<br />Damages and Insurance and Condemnation Awards. Beneficiary may, at its option: (1) in its own name
<br />appear in or prosecute any action or proceeding to enforce any cause of action based on warranty, or for
<br />damage, injury or loss to all or part of the Property, and Beneficiary may make any compromise or
<br />settlement of the action or proceeding; (2) participate in any action or proceeding relating to any
<br />Condemnation Award; and (3) join Trustor in adjusting any Insurance Claim. All insurance proceeds,
<br />Condemnation Awards, and proceeds of any other claim based on warranty, or for damage, injury or loss
<br />to the Property which Trustor may receive or be entitled to must be paid to Beneficiary. Beneficiary may
<br />apply those proceeds first toward reimbursement of all of Beneficiary's costs and expenses, including Legal
<br />Fees (defined in the Note), incurred in connection with such recovery. The balance shall, at Beneficiary's
<br />option, be applied to pay or prepay some or all of the Secured Obligations in such order and proportions as
<br />it may choose. TRUSTOR HEREBY SPECIFICALLY, UNCONDITIONALLY AND IRREVOCABLY
<br />WAIVES ALL RIGHTS OF A PROPERTY OWNER WITH RESPECT TO ALLOCATION OF
<br />CONDEMNATION AWARDS BETWEEN A PROPERTY OWNER AND A LIENHOLDER.
<br />Site Visits, Observation and Testing. Beneficiary and its agents and representatives may enter and visit
<br />the Property at any reasonable time for the purposes of observing it, performing appraisals, taking and
<br />removing soil or groundwater samples, and conducting tests on any part of it, as provided in the
<br />Environmental Indemnity, and otherwise to determine Trustor's compliance with this deed of trust.
<br />Prohibited Transfers. Trustor agrees that a material factor in Beneficiary's decision to enter into the Loan
<br />Documents is the expertise, financial status and other characteristics of Trustor. Trustor shall not make or
<br />permit any Prohibited Transfer. Upon any Prohibited Transfer Beneficiary may declare all Secured
<br />Obligations to be due and payable immediately. "Prohibited Transfer" means: (1) any sale, contract to
<br />sell, conveyance, encumbrance, pledge, mortgage, or other transfer of all or any material part or interest of
<br />the Property, whether voluntary, involuntary, by operation of law or otherwise; provided, however, Trustor
<br />Harrenstein
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 202190
<br />5
<br />Rev. 03.17.2017
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