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<br /> f � The Note secured hy this Deed of Trust is tuether secured by a Financing Statement and Security Agresment of � `
<br /> � � ,.� even date herevuith, cavering sA irrigation equipment, improvements, fixtures and appurtenances as described in . .
<br /> � � said financing Statement and Security Agreement. � � , _
<br /> � ' � Beneficisry shal! have the right, power and suthority during the continuance of this Deed of Trust to collect the ` .� ,
<br /> � � rents, issues and profits of the property and of any personal property tocated the�eon with or without taking .
<br /> � possession of the property affected hereby, and Trustor hereby absotutety and uncondiUanat{y assig�s a!1 such _ �� ;y, :
<br /> ' . . � rents, issues and profiis to Beneficiary. Beneficiary, however, hereby consents to Trostor's collection and .•
<br /> retention of such rents, issues and profets as they accrue a►Zd become payable, so tong as Trustor is not, at such { ,
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<br /> ' time, in defautt with respect io payment of any indeb4edness secured heceby, or in the performance of any __�__.._ . .
<br /> � agreement hereunder. if any evem of defautt described hereafte� in respect ta this Deed of Trust shall have
<br /> � occuned and be continuing, Beneficiary, as a matter of right and without notice to Trustor or anyone claiming �
<br /> . • � under Trustor,and without regard to the vatue of the trust estate or the interest of the Ttustor therein, shall have � � ;
<br /> the right to appfy to any court having jurisdiction to appoint a receiver of the property. It is further agreed that in .. , . ,
<br /> case of defau{t in the payment of the said principal Deed of Trust Note or interest, or any part thereof, as it shall
<br /> mature, or in the case of faiture to keep or perform any of the covenants or agreements contained in this Deed of .,�_.�`
<br /> � ; T r u s t, t h e n t h e B e n e f i c i a ry, its successors or assigns, shati be and is hereby authorized and empowered to take ' '".�� .:;
<br /> � ' immediate possession of the said premises hereby conveyed and all crops t hereon, or t o c o l l e c t t h e r e n t s . ;r,�„__
<br /> , therefrom,and to applY the proceeds thereof to the payments of ihe debt hereby secured. '�� 4�.'.''_�
<br /> ` � Together with ali and singular tenements, hereditaments, privileges and appurtenances, now or hereafter located � , .
<br /> ' on or beton in to or in anywise appertaining ta the above desc�ibed property,or any part thereof,including any ;�",,.'`' ''`:,��._��
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<br /> ' �� right of homestead and every cantingent right or estate therein. � . �'��
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<br /> To Have and to Hold the Same, together with all and singular the priviteges and appurtenartces thereunto ,. - ;�•�_�
<br /> � Ioelonging: In Trust Nevertheless, that in case of default in the payment of said Deed of Trust Note or any part S 1�
<br /> ' thereof. or in the payment of the intarest thereon, according to the tenor and effect of said Qeed of Trust Note, ,�:
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<br />- , � principal or interest,if any,or in case default shatl be made in or in case of violetion or breach of any of the terms. . •.;����,.
<br /> conditions, covenants, or agreements herein contained, then ap sums secured hereby shalt immediatety become ��.��:,�,
<br /> due and payable at the option of the holder of the Deed of Trust Note, and the Trustee may proceed to sell the `�`��,�;
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<br /> � property in accordance with the Nebreska Trust Oeeds Act tSection 76-1001 et.seq.f. Trustee sha(I receive a fee � �t,�>�
<br /> of One Percent it°ib1 of the entire indebtedreess then owing to Beneficiary as a fee in exercising the power of sate. , ,,,�,..
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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 detivery of ` � �;_�'n:�,;
<br /> ' ., these presents, he is well seized of the said premises in fee simple and has good right, fuil power, and lawful F'',�"`:
<br />''� � ' authority to grant, bargain, setl and convey the same in manner and form as aforesaid;and that the same are free . . ;.,;-�r,_
<br /> and clear of all liens and encumbrances whatever end the herein bargained premises in the quiet and peaceabte � :�
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<br /> . possession of the Trostee against ail and every person or persons lawfufly claiming or to claim the whote or any ,,,,'( .�r=
<br /> part thereof,Trustor shall and will warrant and forever defend. . '���_;'��;
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<br /> �• And the Trustor hereby represents and warrants to Beneficiary lll that the mortgaged premises does not have :•:'�,�"
<br /> stored or contained on it any waste, asbestos, oil or petroleum hydrocarbons except as previously disctosed to , , �T
<br /> � B e n eficia ry in wrltin g, pesticides or toxic or hazardous substances or any su�b mate�ials, including such matertals ' r.;:;,' .� ,; r.-.;,
<br /> � • in underground storage tanks,other than those pesticides, herbicides and other agricuttural chemica ls, or pro duc t s ;..:..� ':�•:�.'�
<br /> customarily used in agricultural and commercial operations of the type currentiy conducted by Trustor on the .
<br /> � ' mortgaged premises; (ii) that Trustor has never been and is not now party to any lit'sgation or administrative . -�:,;�;:
<br /> � ' proceedings and none is presently threatened, whlch asserts or alleges that Trustor violaied any federal, state or : .
<br /> . ' local envlronmental law,statute,or regulation or the common law of any state peRaining to the condition or use of `
<br /> � ' real property; (iii) that neither Trustor nor the martgaged premises is or has been subject to any judgment.decree. , .
<br />=��'�' order or citation related to or arising out ot any federal,state or tocal ernironmental law, statute,or regulation; liv) ,.
<br /> ' as to ail operations, including but not limited to the use of the pesticides,•herbicides, other agricultural chemicals .
<br /> � and oil or petroleum hydrocarbons so used in agricultural and commercial operations on the mortgaged premises, . �
<br /> •�.''� ' Truator represents and warrants that during all previous times, and in the future times white Beneficiary h8s a
<br /> _,�;.M � , , mortgage interest in the mortgaged premises, Trustor has been and will be in compliance with all present and
<br /> future federal, state and local environmental statutes, regulations, and ordinances and have and wiil secure and
<br /> � ho+d atl appticable licenses and permits. Trustor shall, if required by Beneflciary. have an engineer satisfactory to
<br /> 8eneficiary perform an environmentai investigation ot the mortgaged premises including but not limited to soil and . -
<br /> ' ground water analysis if deemed necessary by the engineer, to determine the existence and levels of hazardous • .
<br /> substances on the mortgaged premises, and assess compliance with ait appllcable federal, siate and local
<br /> environmental laws, statutes and regulations. This Oeed of Trust is conditioned on the engineer issuing a report
<br /> prior to ctosing certifying that his inspection disclosed no evidence that the mortgaged premises contains above
<br /> surface, surface or subsurface contamination by any hazardous waste, asbestos, oil or petroleum hydrocarbons,
<br /> pesticides or toxic or hazardous substances as defined in any federal, state or local environmentai law, statute or ,
<br /> _ . . regulation and that the Trustor is otherwise in compliance with the applicable laws, statutes and regulations
<br /> referred to herein. Trustor hereby fuRher represents and warrants to Beneficiary that it has not caused or ,
<br /> � , • permitted and Trustor will not hereafter cause or permit Ip the use of the mortgaged premises for any of (a) a •
<br /> � � ' ' sanitary landfill, (b1 a dump, or (c) disposal of waste, oil or petroleum hydrocarbons, pesticides or toxic or
<br /> � hazardous substances as defined in any federal, state or local environmental law, statute or regulation of any kind, .
<br /> � � � (ii) the depoait or location in, under or upon the mortgaged premises or any adjacent parcels thereto of any such �
<br /> 1�'"' • ; waste, oil, pesticides, substances or materials in viotation of any applicable federal, state or Iocal environmental
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