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20120277�
<br />HAZARDOUS SUBSTANCES AGREEMENT
<br />(Continued) Page 3
<br />(iii? the use, ireatment, storage, generation, manufacture, transport, release, spill, disposal or other handling of
<br />Hezardous Substances on the Property, or (iv) the contamination of any of the Property by, or the presence, release or
<br />threatened release of, Hazardous Substances by any means whatsoever (explicitly including without limitation any
<br />presently existing contemination of the Property, whether or not previously disclosed to Lender), or (d) pursuant to ihis
<br />Agreement. Indemnitor's obligations under this section shall survive the termination of this Agreement and as set forth
<br />below in the Survivai section. In eddition to this indemnity, Indamnitor hereby releases and waives all present and
<br />future ciaims egainst Lender for indemnity or contribution in the avent Indemnitor becomas liable for cleanup or other
<br />costs under any Environmental Laws.
<br />PAYMENT: FULL RECOURSE TO INDEMNITOR. Indemnitor intends that Lender shall have full recourse to Indemnitor
<br />for Indemnitor's obligations under this Agreement as they become due to Lender. Such liabilities, losses, claims,
<br />demeges and expenses shall be reimbursable to Lender as Lender's oblfgations to make payments with respect thereto
<br />ere incuRed, writhout any requirement of waiting for the ultimate outcoma of any litigation, ctaim or other proceeding,
<br />and Indemnitor shall pay such liability, losses, claims, damages end expenses to Lender as so incurred within thirty (30)
<br />days after written notice from Lender. Lender's notice shall contain a brief itemization of the amounts incurred to the
<br />date of such rtotice. In eddition to any remedy aveilable for feilure to pay periodically such amounts, such emounts
<br />shall thereafter bear interest at the Note default rete, or in the absence of e default rate, at the Note intereat rate.
<br />SURVIVAL. The covenants contained in this Agreement shall survive (A) the repayment of the Indebtedness, (B) any
<br />foreclosure, whether judicial or nonjudiciaf, of the Property, end lC) any delivery of a deed in lieu of foreclosure to
<br />Lender or any successor of Lender. The covenants contained in this Agreement shail be for the benefit of Lender and
<br />any successor to Lender, as holder of any security interest in the Property or the indebtedness secured thereby, or as
<br />owner of the Property following foreclosure or the delivery of a deed in lieu of foreclosure.
<br />MISCELLANEOUS PROVISIOMS. The following miscellaneous provisions are a part of this Agreement:
<br />Amendmems. This Agreement, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth ln this Agreement. No alteratfon of or amendment to this
<br />Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or emendment.
<br />Attomeys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of thfs Agreement,
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attomeys' fees at trial and
<br />upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessery at any time for the protection of its
<br />interest or the enforcement of its rights shall become e part of the Indebtedness payable on demand end shall bear
<br />interest et the Note rate from the date of the expenditure until repaid. F�cpenses cove�ed by this paragraph include,
<br />without limitation, however subject to any limits under applicable iaw, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings
<br />(including efforta to modify or vacate any autometic stay or Injunctionl, appeals, and eny anticipated post-Judgment
<br />collection services, the cost of searching records, obtaining title reports ((ncluding foreclosure reports), surveyors'
<br />reports, and eppraisal fees and titie insurance, to the extant permitted by applicable law. Indemnitor also wrill pay
<br />any court costs, in addition to all other sums provided by law.
<br />Captfon Headings. Caption headings 1n this Agreement are for convenience purposes only and are not to be used
<br />to interpret or deffne the provisions of this Agreement.
<br />Governing Law. With respect to procedurai matters related to the perfection and enfarcement of Lender's rtghts
<br />against the Property, this Agreemerit uvill be govemed by federal law applicable to Lender and to the extent not
<br />preempted by federal law, the laws of the S�te of Nebraska. In all other respects, this Agreemerit will be
<br />governed by federal law appticable to Lender and, to the exteM not preempted by federal law, the laws ot the
<br />State of Colorado without rsgard to its cor�flllcts of law provisions. However, if there ever ts a question about
<br />whether any provisfon of this Agreemerrt is valid or enforceabie, the provision that is questioned wrill be gov�med
<br />by whichever state or federal law would find the provislon to be valid end enforceable. The loan trensactlan that is
<br />evidenced by the Note and this Agreement has been applied for, considered, approved• and made, end eq necessary
<br />loan documents have been accepted by Lender in the State of Colorado.
<br />Choice of Venue. If there is a lawsuit, IndemnPtor agrees upon Lender's request to submit to the jurisdictfon of the
<br />courts of Arapahoe County, State of Colorado.
<br />JoiM and Several Liability. All obligations of indemnitor under this Agreement shall be joint and several, and all
<br />references to Indemnitor shall mean each and every Indemnitor. This means that each Indemnitor signing below is
<br />responsible for all obligations in this Agreement.
<br />No Waiver by Lender. Lender shali not be deemed to have waived any rights under this Agreement uniess such
<br />waiver is given in writing and signed by Lender. No delay or omtssion on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of thfs Agreement
<br />shall not prejudice or constttute a waiver of Lender's right otherwise to demend strict compliance with that
<br />provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between
<br />Lender and Indemnitor, shall constitute e waiver ot eny of Lender`s rights or of any of Indemnitor's obligations es
<br />to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such
<br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such
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