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202507285
<br />(f) Definitions. For purposes of this instrument:
<br />"Environmental Claim" includes, but is not limited to, any claim, demand, action, cause of action, suit,
<br />loss, cost, damage, fine, penalty, expense, liability, judgment, proceeding, or injury, whether threatened, sought,
<br />brought, or imposed, directly or indirectly related to the Land for a violation of Environmental Law on the Land,
<br />any other Environmental Condition with respect to the Land, including an Environmental Cleanup of the Land.
<br />"Environmental Cleanup" means any response action, remedial action, or removal action, as defined in
<br />Environmental Law.
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
<br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
<br />relate to health, safety or environmental protection.
<br />"Environmental Permit" means any permit, license, approval, or other authorization with respect to any
<br />activities, operations, or businesses conducted on, under or in relation to the Land obtained or required in
<br />connection with any Environmental Law.
<br />"Hazardous Substances means those substances defined as toxic or hazardous substances, pollutants, or
<br />wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
<br />radioactive materials.
<br />"Lender Parties" means, individually and collectively, Lender, Lender's subsidiaries and affiliates, and all
<br />officers, directors, agents, employees, servants, attorneys, and representatives of Lender or any subsidiary or affiliate
<br />of Lender.
<br />34. Nebraska Specific Terms and Provisions
<br />(a) Upon payment of the Secured Obligations and the termination of any further obligation, if any, on
<br />the part of Lender to make additional or future advances, Lender shall request Trustee reconvey the Property and shall
<br />surrender this instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons
<br />legally entitled thereto. Such person or persons shall pay Trustee's costs incurred in so reconveying the Property.
<br />(b) Upon the occurrence of an Event of Default and at any time thereafter, Lender, at its sole option,
<br />may exercise the Power of Sale in the manner provided in the Nebraska Trust Deeds Act.
<br />(c) Grantor hereby requests a copy of any notice of default or notice of sale hereunder to be mailed by
<br />certified mail to Grantor at the address set forth herein.
<br />(d) Grantor acknowledges that the duties and obligations of Trustee will be determined solely by the
<br />express provisions of this instrument or the Nebraska Instruments Act and Trustee will not be liable except for the
<br />performance of such duties and obligations as are specifically set forth therein, and no implied covenants or obligations
<br />will be imposed upon Trustee. Trustee will not be liable for any action by it in good faith and reasonably believed by
<br />it to be authorized or within the discretion or rights of powers conferred upon it by this instrument or applicable state
<br />law.
<br />35. Entire Agreement. The Note, this instrument and the other Loan Documents, individually and
<br />collectively: (a) represent the sum of the understandings and agreements between the parties thereto concerning the
<br />Loan; (b) replace any prior oral or written agreements between the parties thereto concerning the Loan; and (c) are
<br />intended by the parties thereto as the final, complete and exclusive statement of the terms agreed to by them.
<br />36. Counterpart Execution. This instrument and the other Loan Documents may be executed in
<br />counterparts, each of which will be an original and all of which together are deemed one and the same instrument.
<br />37. Waiver of Trial by Jury.
<br />Nebraska - Deed of Trust
<br />FAMC Loan No. 40011191
<br />Originator Loan No. 40011191
<br />16 ©Federal Agricultural Mortgage Corporation
<br />251518151204 [Doc Id 2101 M 120920251
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