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200407852
<br />defend, indemnify and hold Beneficiary harmless from and against all loss, cost (including attorneys' fees), liability,
<br />damage, claim or obligation, whenever asserted or brought, known or unknown, (i) arising in connection with or
<br />resulting from any breach of warranty, misrepresentation or nonfulfillment of any agreement by Trustor herein, (ii) based
<br />upon or otherwise resulting from an alleged or claimed violation of any federal, state or local environmental law,
<br />regulation or ordinance, or common law of any state, including but not limited to any tort claims, that pertain or relate in
<br />any respect or manner to the mortgaged premises, incurred by Beneficiary by reason of any violation of any applicable
<br />statute or regulation (whether such liability is to a private party or any government unit, state or federal), or (iii) by
<br />reason of the imposition of any governmental lien for the recovery of environmental cleanup costs expended by reason of
<br />such violation, without regard to fault on the part of the Trustor. This indemnity shall survive the termination of
<br />Trustor's indebtedness to Beneficiary and shall continue thereafter so long as Beneficiary is subject to any possible claim
<br />or threatened, pending or completed action, suit, or proceeding, whether civil, criminal or investigative, by a Federal,
<br />State or other governmental body or private party or parties, regarding the health, industrial hygiene, occupational or the
<br />environmental conditions on, under or about the mortgaged premises.
<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 that may at any time be on said premises, during the continuance of
<br />said indebtedness, insured against loss by fire, lightning and windstorm, in such company or companies and for such
<br />amounts as the holder of said Deed of Trust Note may from time to time direct, not to exceed the amount of said
<br />indebtedness, except at the option of Trustor, with loss, if any, payable to the Beneficiary hereunder as its interest may
<br />appear, and will deliver the policy or policies of insurance, accompanied by premium receipts to the Beneficiary
<br />hereunder, as further security for the indebtedness aforesaid. And in case of the refusal or neglect of Trustor to thus
<br />insure and deliver such policies of insurance or to pay such taxes or assessments, then the holder of said Deed of Trust
<br />Note may procure such insurance, or pay such taxes or assessments, and all moneys thus paid, with interest thereon at
<br />16.000 percent per annum, shall become so much additional indebtedness, secured by this Deed of Trust, and shall be
<br />paid out of the proceeds of the sale of the 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 16.000 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 />And in the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply any sale
<br />proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's
<br />and Trustee's attorney's fees actually incurred to the extent permitted by applicable law. In the event Borrower or
<br />Trustor exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor
<br />all costs and expenses actually incurred as a result of Trustor's default, including, without limitation, all Trustee's and
<br />attorney's fees, to the extent permitted by applicable law. Such costs shall be added to the principal sum due hereunder
<br />and draw interest at the default rate of 16.000 percent per annum.
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