20~oo4~i3
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 25 and the notice of acceleration given to Borrower pursuant to Section 15 shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 17.
<br />18. Hazardous Substances. As used in this Section 18: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,
<br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused bythe
<br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />19. Additional Property Subject To The Security Instrument. This Securitylnstnrmentalsoconstitutesa
<br />security agreement within the meaning of the Uniform Commercial Code as adopted in the State of Nebraska (the "UCC").
<br />In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property
<br />to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the
<br />Security Instrument: building materials, annliances and eoods of every nature whatsoever now or hereafter located in, on, or
<br />used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes ofsupplving
<br />ar distributing heatinn, coolin>x, electricity, ear, water, air and light fire prevention and extin uig shing a~naratus, security and
<br />access control a orates lumbin bath tubs water heaters water clos is sinks ran es stoves refri erators dishwashers
<br />dis orals washers d err awnin s storm windows storm door c en blind h e cu in and curtain r tta hed
<br />mirrors cabinets anelin attached floor coverin irri tin i es and um s livestock fencin ens windmills and
<br />related~uipment and uumps, Brain bins and storage bins and specifically All irrieation eauinment, includine a
<br />Western Land Roller Pum 50 h US Hollosh tt Gearhead Serial Number 984918 and a Bohn Deere Diesel
<br />ower nrt erial Number P
<br />' ,~ E4045D3797701, all of which, including replacements and additions thereto, shall be
<br />deemed to be and remain a part of the Property covered by the Security instrument. All of the foregoing together with the
<br />Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred
<br />to in this Security Instrument as the "Property."
<br />20. Fixture Filing. This Security Instrument constitutes a "fixture filing" for the purposes ofthe UCC against
<br />all of the Property which is or is to become fixtures per the UCC.
<br />21. Use of Property; Compliance With Law. Borrower shall not seek, agree to or make a change in the use
<br />of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all
<br />laws, ordinances, regulations and requirements of any governmental body applicable to the Property.
<br />22. Assignment of Leases. Upon L,ender's request after default, Borrower shall assign to Lender all leases of
<br />the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall
<br />have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As
<br />used in this paragraph ,the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold.
<br />NEBRASKA--Farmer Mac UNIFORM INSTRUMENT Form SDOD.28
<br />10 ®PeirsonPatterson, LLF,-Arlington, Texas 2007-2009
<br />1808080710 [Doc Id 9701 Rev, 05.04.10]
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