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<br />200706035
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<br />affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue
<br />and become payable, so long as Trustor is not, at such time, in default with respect to payment of any indebtedness secured
<br />hereby, Of in the performance of any agreement hereunder. If any event of default described hereafter in respect to this
<br />Deed of Trust shall have occurred and be continuing, Beneficiary, as a matter of right and without notice to Trustor or
<br />anyone claiming under Trustor, and without n::gard to the value of the trust estate or the interest of the Trustor therein, shall
<br />have the right to apply to any court having jurisdiction to appoint a receiver of the property. It is further agreed that in case
<br />of default in the payment of the said principal Deed of Trust Note or interest, or any part thereof, as it shall mature, or in
<br />the case of failure to keep or perform any of the covenants or agreements contained in this Deed of Trust, then the
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<br />Beneficiary, its successors or assigns, shall be and is hereby authorized and empowered to take immediate possession of the
<br />said premises hereby conveyed and all crops thereon, or to collect the rents therefrom, and to apply the proceeds thereof to
<br />the payments of the debt hereby secured.
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<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 payment
<br />of the interest thereon, according to the tenor and effect of said Deed of Trust Note, principal or interest, if any, or in case
<br />default shall be made in or 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 the holder of the Deed of
<br />Trust Note, and the Trustee may proceed to sell the property in accordance with the Nebraska Trust Deeds Act (Section 76~
<br />100 I et. seq.). As a fee in exercising the power of sale, Trustee shall receive its reasonable fees actually incurred.
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<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 arc free and clear of all liens and
<br />eneumbranees 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. Trustor further covenants that Trustor has provided Beneficiary with true and correct copies of the
<br />Assigned Permits and Agreements, that the Assigned Permits and Agreements arc in full foree and effect, that there have
<br />been no modifications, amendments or terminations thereof, that from time to time and in the event of foreclosure of this
<br />Deed of Trust, Trustor agrees to cooperate with Trustee or Beneficiary in obtaining estoppel certificates and non-
<br />disturbance agreements from those parties identified in the Assigned Permits and Agreements, and any holders of
<br />encumbrances upon the real estate subject to Assigned Permits and Agreements, upon the request of Beneficiary. Trustor
<br />shall not amend or terminate any of the Assigned Permits and Agreements without the prior written consent of Beneficiary.
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<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 l,,'Xcept as previously disclosed to Beneficiary in writing,
<br />pesticides or toxic or hazardous substances or any such materials, ineluding 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
<br />been and is not now party to any litigation or administrative proceedings and none is presently threatened, which aSSt;rts or
<br />alleges that Trustor violated any federal, state or local cnvironmcntaIlaw, statute, or regulation or the common law of any
<br />state pertaining to the condition or use of real property; (iii) that neither Trustor nor the mortgaged premises is or has been
<br />subject to any judgment, decree, order or citation related to or arising out of any federal, state or local environmental law,
<br />statute, or regulation; (iv) as to all operations, including but not limited to the use of the pesticides, herbicides, other
<br />agricultural chemicals and oil or petroleum hydrocarbons so used in agricultural and commercial operations on the
<br />mortgaged premises, Trustor represents and warrants that during all previous times, and in the future times while
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