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<br />. , <br /> <br />200611517 <br /> <br />Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, <br />issues and profits of the property and of any personal property located thereon with or without taking possession of the <br />property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to <br />Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits <br />as they accrue and become payable, so long as Trustor is not, at such time, in default with respect to payment of any <br />indebtedness secured hereby, or in the performance of any agreement hereunder. If any event of default described <br />hereafter in respect to this Deed of Trust shall have occurred and be continuing, Beneficiary, as a matter of right and <br />without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the trust estate or the <br />interest of the Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver of the <br />property. It is further agreed that in case of default in the payment of the said principal Deed of Trust Note or interest, or <br />any part thereof, as it shall mature, or in the case of failure to keep or perform any of the covenants or agreements <br />contained in this Deed of Trust, then the Beneficiary, its successors or assigns, shall be and is hereby authorized and <br />empowered to take immediate possession of the said premises hereby conveyed and all crops thereon, or to collect the <br />rents therefrom, and to apply the proceeds thereof to the payments of the debt hereby secured. <br /> <br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances thereunto belonging: In <br />Trust Nevertheless, that in case of default in the payment of said Deed of Trust Note or any part thereof, or in the <br />payment of the interest thereon, according to the tenor and effect of said Deed of Trust Note, principal or interest, if any, <br />or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants, or <br />agreements herein contained, then all sums secured hereby shall immediately become due and payable at the option of the <br />holder of the Deed of Trust Note, and the Trustee may proceed to sell the property in accordance with the Nebraska Trust <br />Deeds Act (Section 76-1001 et. seq.). As a fee in exercising the power of sale, Trustee shall receive its reasonable fees <br />actually incurred. <br /> <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 <br />and forever defend. <br /> <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 <br />writing, pesticides or toxic or hazardous substances or any such materials, including such materials in underground <br />storage tanks, other than those pesticides, herbicides and other agricultural chemicals, or products customarily used in <br />agricultural and commercial operations of the type currently conducted by Trustor on the mortgaged premises; (ii) that <br />Trustor has never been and is not now party to any litigation or administrative proceedings and none is presently <br />threatened, which asserts or alleges that Trustor violated any federal, state or local environmental law, statute, or <br />regulation or the common law of any state pertaining to the condition or use of real property; (iii) that neither Trustor nor <br />the mortgaged premises is or has been subject to any judgment, decree, order or citation related to or arising out of any <br />federal, state or local 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 used in agricultural <br />and commercial operations on the mortgaged premises, Trustor represents and warrants that during all previous times, <br />and in the future times while Beneficiary has a mortgage interest in the mortgaged premises, Trustor has been and will be <br />in compliance with all present and future federal, state and local environmental statutes, regulations, and ordinances and <br />have and will secure and hold all applicable licenses and permits. Trustor shall, if required by Beneficiary, have an <br />engineer satisfactory to Beneficiary perform an environmental investigation of the mortgaged premises including but not <br /> <br />2 <br /> <br />\"~ <br />