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200406259 <br />storing such substances for any use other than normal business operations and no such storage or use has been or will <br />hereafter otherwise be allowed on said premises or any adjacent parcels thereto in such a manner which has caused or will <br />cause, or which has increased or will increase the likelihood of causing, the release of such substances onto the premises <br />encumbered hereby or any adjacent parcels thereto. Trustor agrees to provide the Beneficiary copies of the following <br />immediately upon receipt of any correspondence, notice, pleading, citation, complaint, order, decree or other documents <br />from any source (public entity or private actual or potential litigant) asserting or alleging a circumstance or condition in <br />violation of any federal, state or local environmental law, statute or regulation or the common law of any state pertaining <br />to the use or condition of real property. Trustor shall protect, defend, indemnify and hold Beneficiary harmless from and <br />against all loss, cost (including attorneys' fees), liability, damage, claim or obligation, whenever asserted or brought, <br />known or unknown, (i) arising in connection with or resulting from any breach of warranty, misrepresentation or <br />nonfulfillment of any agreement by Trustor herein, (ii) based upon or otherwise resulting from an alleged or claimed <br />violation of any federal, state or local environmental law, regulation or ordinance, or common law of any state, including <br />but not limited to any tort claims, that pertain or relate in any respect or manner to the premises encumbered hereby, <br />incurred by Beneficiary by reason of any violation of any applicable statute or regulation (whether such liability is to a <br />private party or any government unit, state or federal), or (iii) by reason of the imposition of any governmental lien for <br />the recovery of environmental cleanup costs expended by reason of such violation, without regard to fault on the part of <br />the Trustor. This indemnity shall survive the termination of Trustor's indebtedness to Beneficiary and shall continue <br />thereafter so long as Beneficiary is subject to any possible claim or threatened, pending or completed action, suit, or <br />proceeding, whether civil, criminal or investigative, by a federal, state or other governmental body or private party or <br />parties, regarding the health, industrial hygiene, occupational or the environmental conditions on, under or about the <br />premises encumbered hereby. <br />And the Trustor will pay all taxes and assessments on said premises immediately when they become due and payable; and <br />at the request of the legal holder of said Deed of Trust Note will keep all buildings, fixtures and other improvements, <br />including, without limitation, all irrigation equipment and systems, grain and feed storage, milling, blending and handling <br />systems, and feedlot facilities, that may at any time be on said premises, during the continuance of said indebtedness, <br />insured against loss by fire, lightning and windstorm, in such company or companies and for such amounts as the holder <br />of said Deed of Trust Note may from time to time direct, not to exceed the amount of said indebtedness, except at the <br />option of Trustor, with loss, if any, payable to the Beneficiary hereunder as its interest may appear, and will deliver the <br />policy or policies of insurance, accompanied by premium receipts to the Beneficiary hereunder, as further security for the <br />indebtedness aforesaid. And in case of the refusal or neglect of Trustor to thus insure and deliver such policies of <br />insurance or to pay such taxes or assessments, then the holder of said Deed of Trust Note may procure such insurance, or <br />pay such taxes or assessments, and all moneys thus paid, with interest thereon at 16.0 percent per annum, shall become <br />so much additional indebtedness, secured by this Deed of Trust, and shall be paid out of the proceeds of the sale of the <br />lands and premises aforesaid, if not otherwise paid by said Trustor. <br />Each party to this Trust Deed requests that a copy of any notice of default and a copy of any notice of sale hereunder be <br />mailed to each such party at the address set forth herein, as provided by the Nebraska Trust Deeds Act. <br />And in the event of the foreclosure of this Deed of Trust, Trustor covenants and agrees to pay the cost of extending the <br />abstract of title or obtaining a certificate of title from the date of recording this Deed of Trust to the date of filing suit, <br />and upon failure of said party to do so, all money so advanced by Trustee shall bear interest at the rate of 16.0 percent <br />per annum and shall be secured by this indenture. In addition, Trustor agrees to pay a reasonable attorney's fee for the <br />prosecution of a foreclosure action, which shall be added to the principal balance at the time a foreclosure decree is <br />entered or shall be paid by the Trustor if Trustee agrees that the default may be cured after the institution of a foreclosure <br />suit. <br />l <br />