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200213573
<br />government unit, state or federal), or (iii) by reason of the imposition of any governmental lien for the recovery of
<br />environmental cleanup costs expended by reason of such violation, without regard to fault on the part of the Truster. This
<br />indemnity shall survive the termination of Trustor's indebtedness to Beneficiary and shall continue thereafter so long as
<br />Beneficiary is subject to any possible claim or threatened, pending or completed action, suit, or proceeding, whether civil,
<br />criminal or investigative, by a Federal, State or other governmental body or private party or parties, regarding the health,
<br />industrial hygiene, occupational or the environmental conditions on, under or about the mortgaged premises.
<br />And the Tmstor 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 Trost 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 Trost Note may from time to time direct, not to exceed the amount of said
<br />indebtedness, except at the option of Tmstor, 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 Truster to thus
<br />insure and deliver such policies of insurance or to pay such taxes or assessments, then the holder of said Deed of Trost
<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 paid
<br />out of the proceeds of the sale of the lands and premises aforesaid, if not otherwise paid by said Truster.
<br />Each parry 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 Trost, Tmstor 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, and
<br />upon failure of said party to do so, all money so advanced by Trustee shall bear interest at the rate of 16.000 percent per
<br />annum and shall be secured by this indenture. In addition, Truster 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 fast 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 Tmstor
<br />exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Tmstor all costs
<br />and expenses actually incurred as a result of Truster's default, including, without limitation, all Trustee's and attorney's
<br />fees, to the extent permitted by applicable law. Such costs shall be added to the principal sum due hereunder and draw
<br />interest at the default rate of 16.000 percent per annum.
<br />The Trustee shall have the right to release with or without consideration or credit on the indebtedness hereby secured, any
<br />part of the property herein described by adequate legal instrument without regard to the existence of any junior
<br />encumbrance and without the consent of such junior encumbrancer, and such release shall have no further effect upon the
<br />rank, lien or estate conveyed hereby or against the Trustee than is therein expressed.
<br />Beneficiary may at any time and from time to time appoint a successor Trustee by filing for record in each county where
<br />the trust property or part thereof is located a notice of Substitution of Trustee.
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