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200203589
<br />requirements for such storage promulgated by any governmental authority. The mortgaged premises
<br />has not been and will not hereafter be used for the purpose of storing such substances for any use
<br />other than normal business operations and no such storage or use has been or will hereafter otherwise
<br />be allowed on the mortgaged premises or any adjacent parcels thereto in such a manner which has
<br />caused or will cause, or which has increased or will increase the likelihood of causing, the release
<br />of such substances onto the mortgaged premises or any adjacent parcels thereto. Trustor agrees to
<br />provide the Beneficiary copies of the following immediately upon receipt of any correspondence,
<br />notice, pleading, citation, complaint, order, decree or other documents from any source (public entity
<br />or private actual or potential litigant) asserting or alleging a circumstance or condition in violation
<br />of any federal, state or local environmental law, statute or regulation or the common law of any state
<br />pertaining to the use or condition of real property. Trustor shall protect, defend, indemnify and hold
<br />Beneficiary harmless from and against all loss, cost (including attorneys' fees), liability, damage,
<br />claim or obligation, whenever asserted or brought, known or unknown, (i) arising in connection with
<br />or resulting from any breach of warranty, misrepresentation or nonfulfillment of any agreement by
<br />Trustor herein, (ii) based upon or otherwise resulting from an alleged or claimed violation of any
<br />federal, state or local environmental law, regulation or ordinance, or common law of any state,
<br />including but not limited to any tort claims, that pertain or relate in any respect or manner to the
<br />mortgaged premises, incurred by Beneficiary by reason of any violation of any applicable statute or
<br />regulation (whether such liability is to a private party or any government unit, state or federal), or
<br />(iii) by reason of the imposition of any governmental lien for the recovery of environmental cleanup
<br />costs expended by reason of such violation, without regard to fault on the part of the Trustor. This
<br />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
<br />action, suit, or proceeding, whether civil, criminal or investigative, by a Federal, State or other
<br />governmental body or private party or parties, regarding the health, industrial hygiene, occupational
<br />or the 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
<br />due and payable; and at the request of the legal holder of said Deed of Trust Note will keep all
<br />buildings, fixtures and other improvements, including, without limitation all irrigation equipment
<br />that may at any time be on said premises, during the continuance of said indebtedness, insured
<br />against loss by fire, lightning and windstorm, in such company or companies and for such amounts
<br />as the holder of said Deed of Trust Note may from time to time direct, not to exceed the amount of
<br />said indebtedness, except at the option of Trustor, with loss, if any, payable to the Beneficiary
<br />hereunder as its interest may appear, and will deliver the policy or policies of insurance,
<br />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
<br />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
<br />interest thereon at 16.000 percent per annum, shall become so much additional indebtedness, secured
<br />by this Deed of Trust, and shall be paid out of the proceeds of the sale of the lands and premises
<br />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
<br />of sale hereunder be mailed to each such parry at the address set forth herein, as provided by the
<br />Nebraska Trust Deeds Act.
<br />And in the event of the foreclosure of this Deed of Trust, Trustor covenants and agrees to pay the
<br />cost of extending the abstract of title or obtaining a certificate of title from the date of recording this
<br />Deed of Trust to the date of filing suit, and upon failure of said party to do so, all money so advanced
<br />by Trustee shall bear interest at the rate of 16.000 percent per annum and shall be secured by this
<br />indenture. In addition, Trustor agrees to pay a reasonable attorney's fee for the prosecution of a
<br />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
<br />institution of a foreclosure suit.
<br />And in the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to
<br />apply any sale proceeds first to payment of all costs and expenses of exercising power of sale,
<br />including all Trustee's fees, and Lender's and Trustee's attorney's fees actually incurred to the extent
<br />permitted by applicable law. In the event Borrower or Trustor exercises any right provided by law
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