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<br />or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the
<br />event that any provision or clause of this instrument or the Note conflicts with Applicable Law, such conflict shall
<br />not affect other provisions of this instrument or the Note which can be given effect without the conflicting provision.
<br />30. Merger. No merger shall occur as a result of Trustee's or Lender's acquiring any other estate in or
<br />any other lien on the Property.
<br />31. Waiver of Dower, Homestead, and Distributive Share. If Grantor is an individual, Grantor
<br />relinquishes all right of dower, if any, and waives all right of homestead exemption and distributive share in and to
<br />the Property. Grantor waives any right of exemption as to the Property.
<br />32. Release. Upon payment in full of all Secured Obligations, Lender shall release this instrument.
<br />Grantor shall pay any recordation costs unless Applicable Law provides otherwise.
<br />33. Environmental.
<br />(a) Representations and Warranties. Grantor represents and warrants to Lender that: (i) Grantor has
<br />complied and caused the Land to comply with all Environmental Laws, including but not limited to obtaining any
<br />necessary Environmental Permits, relating to the Land; (ii) there are no existing, pending, or threatened Environmental
<br />Claims against Grantor or the Land; (iii) neither Grantor nor any agent, affiliate, tenant, or partner of Grantor has
<br />received any notices of and does not otherwise have any notice of an Environmental Claim regarding the Land nor
<br />any other action, proceeding or investigation by any Governmental Authority or third party under any Environmental
<br />Laws or Environmental Permits; (iv) any questionnaire, if any, prepared by Grantor and submitted to Lender is true
<br />and accurate as of the date of this instrument; (v) the Land does not contain any facility that is subject to reporting
<br />under Section 312 of the Emergency Planning and Community Right -to -Know Act of 1986 (42 U.S.C. 11022); (vi)
<br />the Land is not listed on the Comprehensive Environmental Response, Compensation and Liability Information
<br />System (CERCLIS) in accordance with Section 116 of CERCLA (42 U.S.C. 9616); (vii) to Grantor's knowledge, after
<br />due investigation, there are no Hazardous Substances stored, disposed of or otherwise present on the Land other than
<br />crop fertilizers and agricultural chemicals in accordance with Applicable Law and the manufacturer's label
<br />instructions, other Hazardous Substances in minor quantities as necessary for Grantor's normal business operations
<br />located on the Land, or Hazardous Substances in the form of consumer products held for retail sale in sealed containers;
<br />(viii) Grantor has no knowledge after due investigation of any release of Hazardous Substances on, under, from, or
<br />affecting the Land, other than the application of crop fertilizers and agricultural chemicals in accordance with
<br />Applicable Law and the manufacturer's label instructions; (ix) except as disclosed to Lender in writing, prior to the
<br />date of this agreement, Grantor has no knowledge, after due investigation of any underground storage tanks or landfills
<br />located on the Land; and (x) Grantor has provided Lender with all environmental reports and site assessments in the
<br />custody or control of Grantor relating to the Land.
<br />(b) Covenants. Grantor covenants and agrees as follows: (i) Grantor shall not use, transport, store,
<br />treat, generate, handle or dispose of, or in any manner deal with, and shall ensure that no occupant of the Land uses,
<br />transports, stores, treats, generates, handles or disposes of, or in any manner deals with, Hazardous Substances on, in,
<br />at, about, or from the Land, except in compliance with all Applicable Laws, including Environmental Laws; (ii)
<br />Grantor shall not cause and shall ensure that no occupant of the Land causes the Land to become subject to regulation
<br />as a hazardous waste treatment, storage, or disposal facility under Environmental Laws; (iv) Grantor shall comply
<br />with, and ensure compliance by all occupants of the Land with, all Environmental Laws, and shall keep the Land free
<br />and clear of any liens imposed pursuant to any Environmental Laws; (v) Grantor shall immediately notify Lender if
<br />Grantor receives any notice or advice from any Governmental Authority or any source whatsoever of any: (A) release
<br />of Hazardous Substances, on, under, from, or affecting the Land, which could require remediation or reporting under
<br />Environmental Laws; (B) enforcement action or threat of enforcement action by any Governmental Authority with
<br />respect to Hazardous Substances in, on, under, from or affecting the Land, or relating to Grantor's property, activities,
<br />or operations generally; (C) Environmental Claim; (D) requirement of Grantor or any occupant of the Land to obtain
<br />an Environmental Permit; or (E) requirement of Grantor or any occupant of the Land to obtain a permit or license with
<br />respect to exploration, mining, extraction, storage, transportation, processing or sale of coal, oil, gas or any other
<br />minerals on or under the Land; (vi) promptly upon receipt, Grantor shall deliver to Lender copies of all notices, orders,
<br />Nebraska - Deed of Trust
<br />FAMC Loan No. 40011191
<br />Originator Loan No. 40011191
<br />14 ©Federal Agricultural Mortgage Corporation
<br />251518151204 [Doc Id 2101 M 120920251
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