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20250728! or other communications regarding any event described in clauses (v)(A) through (E) above; (vii) except as specifically disclosed to Lender in writing, prior to the date of this instrument, Grantor shall not allow to exist on, under, or about the Land any underground storage tanks; and with respect to such underground storage tanks, previously disclosed to Lender in writing, all such underground storage tanks shall be operated and maintained in accordance with all Environmental Laws; and (viii) upon an Event of Default, then without any notice or further action Lender may in its sole discretion enter the Land to perform or have performed investigation of the Land for the presence of Hazardous Substances. Such investigation may include but is not limited to the conduct of a Phase 1 and/or Phase 11 Environmental Report including any surface or subsurface sampling and analysis of soil, groundwater, sediment and/or surface water. Grantor shall cooperate fully with Lender with respect to any such investigation by Lender. (c) Environmental Reports. If Lender has received information indicating a reasonable possibility of the presence of Hazardous Substances on the Land in violation of Environmental Laws, Grantor shall provide at its sole cost and expense within 20 days after written request by Lender, a report from a qualified engineering firm or other qualified consultant acceptable to Lender with respect to an investigation and audit of the Land as deemed necessary by the consultant to enable the consultant to report that there is no apparent or likely Hazardous Substances on the Land; and Grantor shall, if deemed reasonably necessary to further investigate suspected or likely contamination, provide Lender with supplemental reports by acceptable qualified consultants of the analysis which may include surface and subsurface sampling and analysis of soil, sediment, surface water and/or groundwater from the Land, showing no Hazardous Substances (any such audit, and any supplemental reports, an "Environmental Report"). If Grantor does not comply with the requirements of this Section within such 20-day period, or such additional time as Lender shall agree to in writing, or if Lender is not reasonably satisfied with the results of any of the conclusions in the Environmental Report, then Lender may perform or cause to be performed such additional investigations (including surface and subsurface testing of soil, groundwater, surface water and sediment) as Lender deems appropriate. Grantor consents to Lender entering the Land to the extent required to perform and to Lender performing such additional investigations, without the need for further action. (d) Remedial Work. If any Environmental Cleanup is deemed by Lender to be necessary pursuant to Environmental Laws or with respect to an Environmental Claim, Grantor shall within 30 days after written demand for performance thereof by Lender (or such shorter period of time as required under Applicable Law), begin and thereafter complete, all such Remedial Work. All Environmental Cleanup work shall be approved in advance in writing by Lender. All Costs and Expenses related to any Environmental Cleanup, including Costs and Expenses incurred by Lender in connection with monitoring or review of such Environmental Cleanup, shall be paid by Grantor. If Grantor fails to promptly commence or fails to complete such Environmental Cleanup, Lender may, but shall not be required to, cause such Environmental Cleanup to be performed and all Costs and Expenses shall become an Environmental Claim hereunder. If there is an emergency, Grantor shall immediately commence the Environmental Cleanup and thereafter give immediate notice to Lender. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. (e) INDEMNIFICATION. GRANTOR SHALL DEFEND, INDEMNIFY AND HOLD LENDER PARTIES HARMLESS AGAINST ANY AND ALL LOSSES AND OTHER COSTS AND EXPENSES AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER THAT MAY BE IMPOSED ON, INCURRED BY, OR ASSERTED AGAINST THE LENDER PARTIES BASED ON AN ENVIRONMENTAL CLAIM; EXCEPT THAT GRANTOR SHALL HAVE NO OBLIGATION TO A LENDER PARTY UNDER THIS SECTION WITH RESPECT TO LOSSES AND OTHER COSTS AND EXPENSES RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A LENDER PARTY AS DETERMINED BY A COURT OF COMPETENT JURISDICTION. IF AND TO THE EXTENT THAT ANY INDEMNITY UNDER THE LOAN DOCUMENTS IN FAVOR OF LENDER PARTIES IS UNENFORCEABLE FOR ANY REASON, GRANTOR SHALL MAKE THE MAXIMUM CONTRIBUTION TO THE PAYMENT ANI) SATISFACTION THEREOF WHICH IS PERMISSIBLE UNDER APPLICABLE LAW. THIS INDEMNITY SHALL SURVIVE THE REPAYMENT OF THE LOAN AND RELEASE OR RECONVEYANCE OF THIS INSTRUMENT. Nebraska - Deed of Trust FAMC Loan No. 40011191 Originator Loan No. 40011191 15 ©Federal Agricultural Mortgage Corporation 251518151204 [Doc Id 2101 M120920251