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200203589
<br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances
<br />thereunto belonging: In Trust Nevertheless, that in case of default in the payment of said Deed of
<br />Trust Note or any part thereof, or in the payment of the interest thereon, according to the tenor and
<br />effect of said Deed of Trust Note, principal or interest, if any, or in case default shall be made in or
<br />in case of violation or breach of any of the terms, conditions, covenants, or agreements herein
<br />contained, then all sums secured hereby shall immediately become due and payable at the option of
<br />the holder of the Deed of Trust Note, and the Trustee may proceed to sell the property in accordance
<br />with the Nebraska Trust Deeds Act (Section 76 -1001 et. seq.). Trustee shall receive a fee of One
<br />Percent (1 %) of the entire indebtedness then owing to Beneficiary as a fee in exercising the power
<br />of sale.
<br />And the Trustor covenants and agrees to and with the Trustee, that at the time of the ensealing of and
<br />delivery of these presents, he is well seized of the said premises in fee simple and has good right,
<br />full power, and lawful authority to grant, bargain, sell and convey the same in manner and form as
<br />aforesaid; and that the same are free and clear of all liens and encumbrances whatever and the herein
<br />bargained premises in the quiet and peaceable possession of the Trustee against all and every person
<br />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 mortgaged premises does
<br />not have stored or contained on it any waste, asbestos, oil or petroleum hydrocarbons except as
<br />previously disclosed to Beneficiary in writing, pesticides or toxic or hazardous substances or any
<br />such materials, including such materials in underground storage tanks, other than those pesticides,
<br />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)
<br />that Trustor has never been and is not now party to any litigation or administrative proceedings and
<br />none is presently threatened, which asserts or alleges that Trustor violated any federal, state or local
<br />environmental law, statute, or regulation or the common law of any state pertaining to the condition
<br />or use of real property; (iii) that neither Trustor 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
<br />environmental law, statute, or regulation; (iv) as to all operations, including but not limited to the
<br />use of the pesticides, herbicides, other agricultural chemicals and oil or petroleum hydrocarbons so
<br />used in agricultural and commercial operations on the mortgaged premises, Trustor represents and
<br />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
<br />future federal, state and local environmental statutes, regulations, and ordinances and have and will
<br />secure and hold all applicable licenses and permits. Trustor shall, if required by Beneficiary, have
<br />an engineer satisfactory to Beneficiary perform an environmental investigation of the mortgaged
<br />premises including but not limited to soil and ground water analysis if deemed necessary by the
<br />engineer, to determine the existence and levels of hazardous substances on the mortgaged premises,
<br />and assess compliance with all applicable federal, state and local environmental laws, statutes and
<br />regulations. This Deed of Trust is conditioned on the engineer issuing a report prior to closing
<br />certifying that his inspection disclosed no evidence that the mortgaged premises contains above
<br />surface, surface or subsurface contamination by any hazardous waste, asbestos, oil or petroleum
<br />hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal, state or local
<br />environmental law, statute or regulation and that the Trustor is otherwise in compliance with the
<br />applicable laws, statutes and regulations referred to herein. Trustor hereby further represents and
<br />warrants to Beneficiary that it has not caused or permitted and Trustor will not hereafter cause or
<br />permit (i) the use of the mortgaged premises for any of (a) a sanitary landfill, (b) a dump, or (c)
<br />disposal of waste, oil or petroleum hydrocarbons, pesticides or toxic or hazardous substances as
<br />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 the mortgaged premises or any adjacent parcels thereto of any
<br />such waste, oil, pesticides, substances or materials in violation of any applicable federal, state or
<br />local environmental law, statute or regulation, or (iii) the contamination by any such waste, oil or
<br />petroleum hydrocarbons, pesticides, substances or materials of any part of the mortgaged premises
<br />or any adjacent parcels thereto, including ground water located thereon. All toxic or hazardous
<br />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
<br />purpose upon the mortgaged premises have been and shall be used or stored thereon only in a safe,
<br />approved manner, in accordance with all industrial standards and all laws, regulations and
<br />D
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