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<br />claiming under Trustor, and without regard to the value of the trust estate or the interest of the Trustor therein, shall have the
<br />right to apply to any court having jurisdiction to appoint a receiver of the property. It is further agreed that in case of default
<br />in the payment of the said principal Deed of Trust Note or interest, or any part thereof, as it shall mature, or in the case of
<br />failure to keep or perform any of the covenants or agreements contained in this Deed of Trust, then the Beneficiary, its
<br />successors or assigns, shall be and is hereby authorized and empowered to take immediate possession of the said premises
<br />hereby conveyed and all crops thereon, or to collect the rents therefrom, and to apply the proceeds thereof to the payments of
<br />the debt hereby secured.
<br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances thereunto belonging: In Trust
<br />Nevertheless, that in case of default in the payment of said Deed of Trust Note or any part thereof, or in the payment of the
<br />interest thereon, according to the tenor and effect of said Deed of Trust Note, principal or interest, if any, or in case default
<br />shall be made in or in case of violation or breach of any of the terms, conditions, covenants, or agreements herein contained,
<br />then all sums secured hereby shall immediately become due and payable at the option of the holder of the Deed of Trust
<br />Note, and the Trustee may proceed to sell the property in accordance with the Nebraska Trust Deeds Act (Section 76 -1001 et.
<br />seq.). Trustee shall receive a fee of One Percent (1 %) of the entire indebtedness then owing to Beneficiary as a fee in
<br />exercising the power of sale.
<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 and
<br />forever defend.
<br />And the Trustor hereby represents and warrants to Beneficiary (i) that the mortgaged premises does not have stored or
<br />contained on it any waste, asbestos, oil or petroleum hydrocarbons except as previously disclosed to Beneficiary in writing,
<br />pesticides or toxic or hazardous substances or any such materials, including such materials in underground storage tanks,
<br />other than those pesticides, herbicides and other agricultural chemicals, or products customarily used in agricultural and
<br />commercial operations of the type currently conducted by Trustor on the mortgaged premises; (ii) that Trustor has never been
<br />and is not now party to any litigation or administrative proceedings and none is presently threatened, which asserts or alleges
<br />that Trustor violated any federal, state or local environmental law, statute, or regulation or the common law of any state
<br />pertaining to the condition or use of real property; (iii) that neitherTrustor nor the mortgaged premises is or has been subject
<br />to any judgment, decree, order or citation related to or arising out of any federal, state or local environmental law, statute, or
<br />regulation; (iv) as to all operations, including but not limited to the use of the pesticides, herbicides, other agricultural
<br />chemicals and oil or petroleum hydrocarbons so used in agricultural and commercial operations on the mortgaged premises,
<br />Trustor represents and warrants that during all previous times, and in the future times while Beneficiary has a mortgage
<br />interest in the mortgaged premises, Trustor has been and will be in compliance with all present and future federal, state and
<br />local environmental statutes, regulations, and ordinances and have and will secure and hold all applicable licenses and
<br />permits. Trustor shall, if required by Beneficiary, have an engineer satisfactory to Beneficiary perform an environmental
<br />investigation of the mortgaged premises including but not limited to soil and ground water analysis if deemed necessary by
<br />the engineer, to determine the existence and levels of hazardous substances on the mortgaged 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 />mortgaged premises contains above surface, surface or subsurface contamination by any hazardous waste, asbestos, oil or
<br />petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal, state or local environmental
<br />law, statute or regulation and that the Trustor is otherwise in compliance with the applicable laws, statutes and regulations
<br />referred to herein. Trustor hereby further represents and warrants to Beneficiary that it has not caused or permitted and
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