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<br />lien on all or part of the Property or any interest in it, and any and all intangible taxes and documentary stamp taxes
<br />determined at any time to be due on or as a result of the Secured Obligations, this instrument or any other Loan
<br />Documents, together with any and all interest and penalties thereon (individually and collectively, "Impositions").
<br />(c) Notwithstanding the foregoing provisions of this section, Grantor may, at its expense, contest the
<br />validity or application of any Imposition by appropriate legal proceedings promptly initiated and conducted in good
<br />faith and with due diligence, provided that: (i) Lender is satisfied that neither the Property nor any part thereof or
<br />interest therein will be in danger of being sold, forfeited, or lost as a result of such contest; and (ii) Grantor shall have
<br />posted a bond or furnished such other security required from time to time by Lender.
<br />8. Agricultural Operations. Grantor represents and warrants that the Grantor is or will be actively
<br />engaged in agricultural production on the Land, either in Grantor's own right or as a landlord, and intends to
<br />continue or require its tenant to continue agricultural production on the Land.
<br />9. Use of Property; Compliance with Law. Grantor shall not seek, agree to or make a change in
<br />the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Grantor shall
<br />comply with all Applicable Laws applicable to the Property.
<br />10. Site Visits, Observation and Testing. Lender and its agents and representatives may enter and
<br />visit the Property at any reasonable time for the purposes of observing it, performing appraisals, taking and removing
<br />soil or groundwater samples, and conducting tests on any part of it, and otherwise to determine Grantor's compliance
<br />with this instrument.
<br />11. Maintenance of Property. Grantor shall: maintain and preserve all rights and privileges Grantor
<br />now has in the Property; make any repairs, renewals or replacements to keep the Property in good working condition
<br />and repair; operate the Property, whether improved pastures, orchards, groves, grazing, or crop lands, in a good and
<br />husband -like manner in accordance with accepted principles of sound agricultural practices in the area in which the
<br />Land is located; take all reasonable precautions to control wind and water erosion; fertilize improved pastures, if any,
<br />where necessary to maintain a good stand of desirable grasses; protect orchards by reasonable precautions against loss
<br />or damage by fire including the maintenance of appropriate fire breaks; and neither remove nor permit the removal
<br />of any oil, gas, mineral, stone, rock, clay, or gravel owned by Grantor, or any buildings, top soil, or fertilizer, without
<br />the prior written consent of Lender.
<br />12. Water.
<br />(a) At such times as Lender may reasonably request, the Grantor shall deliver to Lender a certificate
<br />stating that the amount of water and quality of such water available and projected to be available (the "Water Report")
<br />sufficient to conduct the farming and other operations of Grantor and its tenants (if any), which such Water Report
<br />shall be certified by the Grantor and/or an authorized officer of any applicable water district or supplier of water.
<br />(b) Grantor represents and warrants that the Water Rights afford the continuing, enforceable right to
<br />receive irrigation water on the Property from such sources, in such quantities and at such times and locations as has
<br />historically been available to the Property without interruption or substantially increased cost and in any event, based
<br />on current projections, sufficient to provide adequate water and/or drainage to continue the current and proposed
<br />agricultural operations on the Property.
<br />(c) Grantor shall maintain the Water Rights during the term of the loan at a level and of a nature
<br />sufficient to provide the continuing, enforceable right to receive irrigation water on the Property from such sources,
<br />in such quantities and at such times and locations as has historically been available to the Property without interruption
<br />or substantially increased cost and in any event sufficient to provide adequate water and/or drainage to continue the
<br />current and proposed agricultural operations of the Property. All existing Water Rights benefiting or available to the
<br />Property shall be maintained in full force and effect for the benefit of the Property by Grantor and applied to beneficial
<br />use so as to maintain the validity and priority of such rights. Grantor shall fully comply with, and not permit a default
<br />to occur under any water licenses, permits or delivery contracts used to provide water to the Property and shall timely
<br />exercise all renewal or extension rights in such contracts.
<br />Nebraska - Deed of Trust
<br />FAMC Loan No. 40011414
<br />Originator Loan No. 40011414
<br />7 ©Federal Agricultural Mortgage Corporation
<br />251418521221 [Doc Id 2101 M 120920251
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