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<br />holder of the Deed of Trust Note, and the Trustee may proceed to sell the property in accordance with the Nebraska Trust
<br />Deeds Act (Section 76 -1001 et. seq.). As a fee in exercising the power of sale, Trustee shall receive its reasonable fees
<br />actually incurred.
<br />And the Trustor covenants and agrees to and with the Trustee, that at the time of the ensealing of and delivery of these
<br />presents, he is well seized of the said premises in fee simple and has good right, full power, and lawful authority to grant,
<br />bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear of all liens and
<br />encumbrances whatever and the herein bargained premises in the quiet and peaceable possession of the Trustee against all
<br />and every person or persons lawfully claiming or to claim the whole or any part thereof, Trustor shall and will warrant
<br />and forever defend.
<br />And the Trustor hereby represents and warrants to Beneficiary (i) that the premises encumbered hereby does not have
<br />stored or contained on it any waste, asbestos, oil or petroleum hydrocarbons except as previously disclosed to Beneficiary
<br />in writing, pesticides or toxic or hazardous substances or any such materials, including such materials in underground
<br />storage tanks, other than those pesticides, herbicides and other agricultural chemicals, or products customarily used in
<br />agricultural and commercial operations of the type currently conducted by Trustor on said premises; (ii) that Trustor has
<br />never been and is not now party to any litigation or administrative proceedings and none is presently threatened, which
<br />asserts or alleges that Trustor violated any federal, state or local environmental law, statute, or regulation or the common
<br />law of any state pertaining to the condition or use of real property; (iii) that neither Trustor nor the premises encumbered
<br />hereby is or has been subject to any judgment, decree, order or citation related to or arising out of any federal, state or
<br />local environmental law, statute, or regulation; (iv) as to all operations, including but not limited to the use of the
<br />pesticides, herbicides, other agricultural chemicals and oil or petroleum hydrocarbons so used in agricultural and
<br />commercial operations on the premises encumbered hereby, Trustor represents and warrants that during all previous
<br />times, and in the future times while Beneficiary maintains an interest under this Deed of Trust in the premises
<br />encumbered hereby, Trustor has been and will be in compliance with all present and future federal, state and local
<br />environmental statutes, regulations, and ordinances and have and will secure and hold all applicable licenses and permits.
<br />Trustor shall, if required by Beneficiary, have an engineer satisfactory to Beneficiary perform an environmental
<br />investigation of the premises encumbered hereby including but not limited to soil and ground water analysis if deemed
<br />necessary by the engineer, to determine the existence and levels of hazardous substances on said premises, and assess
<br />compliance with all applicable federal, state and local environmental laws, statutes and regulations. This Deed of Trust is
<br />conditioned on the engineer issuing a report prior to closing certifying that his inspection disclosed no evidence that the
<br />premises encumbered hereby contains above surface, surface or subsurface contamination by any hazardous waste,
<br />asbestos, oil or petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal, state or
<br />local environmental law, statute or regulation and that the Trustor is otherwise in compliance with the applicable laws,
<br />statutes and regulations referred to herein. Trustor hereby further represents and warrants to Beneficiary that it has not
<br />caused or permitted and Trustor will not hereafter cause or permit (i) the use of the premises encumbered hereby for any
<br />of (a) a sanitary landfill, (b) a dump, or (c) disposal of waste, oil or petroleum hydrocarbons, pesticides or toxic or
<br />hazardous substances as defined in any federal, state or local environmental law, statute or regulation of any kind, (ii) the
<br />deposit or location in, under or upon said premises or any adjacent parcels thereto of any such waste, oil, pesticides,
<br />substances or materials in violation of any applicable federal, state or local environmental law, statute or regulation, or
<br />(iii) the contamination by any such waste, oil or petroleum hydrocarbons, pesticides, substances or materials of any part
<br />of the premises encumbered hereby or any adjacent parcels thereto, including ground water located thereon. All toxic or
<br />hazardous substances or materials, or oil or petroleum hydrocarbons as defined in any federal, state or local
<br />environmental law, statute or regulation, which have been or may be used by any person for any purpose upon the
<br />premises encumbered hereby have been and shall be used or stored thereon only in a safe, approved manner, in
<br />accordance with all industrial standards and all laws, regulations and requirements for such storage promulgated by any
<br />governmental authority. The premises encumbered hereby has not been and will not hereafter be used for the purpose of
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