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2011013�1
<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 opporiunity 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 Properiy
<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 pariy involving the Properiy and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited tq
<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 Properiy. If Borrower learns, ar 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 SecurityInshwnent also constitutes a
<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: buildin¢ materials apnliances and goods of everv nature whatsoever now ar hereafter located in, on, or
<br />used or intended to be used in connection with the Pronerlv includin� but not limited to, those for the numoses ofsunnlvin�
<br />or distributin� heating, coolin� electricitv eas water air and litht fire nrevention and extineuishin�apparatus securitv and
<br />access control apnaratus olumbing bath tubs water heaters water closets sinks ranees, stoves, refri�erators, dishwashers,
<br />disposals washers drvers awnin¢s storm windows storm doors screens blinds shades curtains and curtain rods, attached
<br />mirrors cabinets nanelin� attached floor coverin�s irri�ation pipes and numps livestock fencin and nens, windmills and
<br />related ecLuipment and pumps grain bins and storaQe bins and specificallv: All Fixtures and IrriEation Equiament,
<br />includinE a 125 000 bushel Erain handlin� facilitv 2003 Vallev 8000 7 tower pivot (SN: 10231406), 2004 Zimmatic
<br />Gen II uivot (SN• L821251 50 hn Hi�h Trust electric motor (SN: 1099885) 10 hp US Motors electric motor (SN:
<br />2627121 15 hp Baldor Motor electric motor (SN: EM4115T1 30 ha GE electric motor (SN: 502123611. Well
<br />Registration #G-090398 Well Re�istration #G-006961 Well Re�istration #G-006963. Well Re�istration #G006962,
<br />Well Re�istration #G-061035, all of which, including replacements and additions thereto, shall be deemed to be and remain
<br />a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the
<br />Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this Security
<br />Instrument as the "Property."
<br />20. Fixture Filing. This Security Instrument constitutes a"fixture filing" for the purposes of the 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 complywith all
<br />laws, ordinances, regulations and requirements of any governmental body applicable to the Properiy.
<br />22. Assignment of Leases. Upon Lender'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 />NEBRASKA--Farmer Mac UNIFORM INSTRUMENT Form 5000.28
<br />10 OPeirsonPatterson, LLP.-Arlington, Texas 2007-2009
<br />1614140211 [Doc Id 9701 Rev. 02.11.1 I]
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