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201000943
<br />a. No hazardous substances or hazardous waste are presently stored or otherwise located on,
<br />in or under the Trust Property, and no part of the Trust Property, including the ground water located thereon,
<br />is presently contaminated by any such substances or waste and no investigations, inquiries, orders or other
<br />proceedings by or before any governmental agency are pending nr threatened respecting hazardous substances
<br />or hazardous waste. For purposes of this instrument, the terms "hazardous, toxic, or dangerous waste,
<br />substance or material" within the meaning of the Federal Comprehensive Environmental Response,
<br />Compensation and Liability Act, or airy other Federal, state or local statute, law, ordinance, code, rule,
<br />regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning
<br />airy hazardous, toxic, or dangerous waste, substance or material, as now or at anytime hereafter may be in
<br />effect.
<br />b. Until the Indebtedness is paid in full, all hazardous substances or hazardous waste (as
<br />defined above), which may be used by any person foram purpose upon the Trust Property shall be used or
<br />stored thereon only in a safe, approved manner, in accordance with all industrial standards and all laws,
<br />regulation.4 and requirements for such storage promulgated by arty governmental authority, and the Trust
<br />Property will not be used for the principal purpose of storing any such substances or waste and no such storage
<br />or use will otherwise be allowed on the Trust Property which will cause, or which will increase the likelihood
<br />of causing, the release of such substances or waste on, in or under the Trust Property.
<br />c. Trustor shall promptly ratify Beneficiary of any event that would render any representation
<br />or warranty contained in this paragraph 32 incorrect in am respect. In such event, Beneficiary may require
<br />that all violations of law with respect thereto be corrected and that all necessary governmental permits be
<br />obtained all at Trustor's sole expense.
<br />d. Trustor does hereby indemnify and hold Beneficiary and Trustee, their directors, officers,
<br />employees, agents and any successor or successors to their interest in the Trust Property harmless from and
<br />against any and all losses, claims, damages, penalties, liabilities, response posts and expenses (including all
<br />out-of-pocket litigation casts and the reasonable fees and expenses of counsel) (i) arising out of the
<br />inaccuracy, breach or incompleteness of any representation, warranty, or covenant made by Trust in this
<br />paragraph 32 or in any document in writing delivered concurrently herewith, or (ii) arising out of any lawsuit
<br />brought or threatened, settlement reached, nr governmental order relating to the presence, disposal, release,
<br />or threatened release of any hazardous substance or hazardous waste upon the Trust Property, or (iii) arising
<br />out of any violation of any applicable statute or regulation for the protection of the environment which occurs
<br />upon the Trust Property; provided that, to the extent that Beneficiary or Trustee is strictly liable under any
<br />statute or regulation, Trustor's obligations hereunder shall likewise be without regard to fault an the part of
<br />Trustor with respect to the violation of law which results in liability to Beneficiary or Trustee. The
<br />indernniftcation herein provided by Trustor shall continue in full force and effect indefuiitely and shall survive
<br />the repayment of the Note, any reconveyanee of the Trust Property by Trustee, and any foreclosure (whether
<br />judicially nr pursuant to the power of sale granted herein) or deed in lieu of foreclosure of the Trust Property.
<br />33. TRUSTOR PLEASE N TE: TRUSTOR HEREBY WAIVES ANY RIGHT IT MAY HAVE
<br />UNDER TI IE CONSTITUTION OF'I"HE STATE OF NEBRASKA OR OF THE CONSTTI'Cl'f ION OF THE UNITED
<br />STATES OF AMERICA TO NOTICE, OR TO A JUDICIAL HEARING PRIOR TO THE E~{ERCISE OF ANY
<br />RIGHT ORREMEDYPROVIDEDBY THIS DEEDOF TRUST TOTRUSTEE ORBENEFICIARY AND WAIVES
<br />ITS RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN
<br />ACCORDANCE HEREWITH ON THE GROUND (IF SUCH BE THE CASE) THAT THE SALE WAS
<br />CONSUMMATED WITHOUT A PRIOR JUDICIAL HEARING. TRUSTOR'S WAIVERS UNDER THIS
<br />PARAGRAPH HAVE BEEN MADE VOLUNTARII.Y, INTELLIGENTLY, AND KNOWINGLY AND AFTER
<br />TRUSTOR HAS BEEN APPRISED AND COUNSELED BY ITS ATTORNEYS AS TO THE NATURE THEREOF
<br />AND ITS POSSIBLE ALTERNATIVE RIGHTS.
<br />34. Miscellaneous. This Deed of Trust has been duly authorized and approved by Trustor and executed
<br />by an authorized officer of Trustor in the presence of a notary public (who is not the spouse, ancestor, descendant, or
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