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<br />2012���°��
<br />WHEN RECORDED MAIL TO: �
<br />U.S. BANK N.A. 3 `
<br />9918 Hibert Streat, Second Floor
<br />San Dieao CA 92131-1018 FOR RECORDER'S USE QNLY
<br />HAZARDOUS SUBSTANCES CERTIFICATE AfVD INDEMNITY AGREEMEIVT
<br />THIS HAZARDOUS SUBSTANCES AGREEMENT dated April 4, 2012, is made and executed
<br />among KTDoubleMD, LLC, whose address is 5303 Spine Rd. Ste. 101, Boulder, CO 80301
<br />{sometimes referred to below as °Grantor" and sometimes as "Indemnitor"); and U.S. BANK
<br />N.A., 9918 Hibert Street, Second Floor, San Diego, CA 92131-1098 (referred to below as
<br />"Lender"). For good and valuable consideration and to induce Lender to make a loan to
<br />Borrower, each party executing this Agreement hereby represents and agrees with Lender as
<br />follaws:
<br />PROPERIY DESCRIPTION. The word °Property° as used in this Agreement means the following Real Property located
<br />in Hall County, State of Nebraska:
<br />LOT 7 AND LOT 8, BLOCK 114, RAILROAD ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or its address is commonly known es 802, 812 end 812 1/2 W. 2nd St., Grand Island, NE 68801.
<br />The Real Property tax identification number is 400081601, 400081628 & 400287234.
<br />REPRESENTATIONS. The following representations are mede to Lender, subject to disclosures mede and accepted by
<br />Lender in writing:
<br />Use of Property. After due inquiry and investigation, Indemnitor has no knowledge, or reason to believe, that
<br />thera hes been any use, generation, manufacture, storege, ueatment, refinement, transportation, disposal, release,
<br />o� threatened release of any Hazerdous Substances by any person on, under, or ebout the Property.
<br />Hazardous Substences. Aftar due inquiry and investigation, indemnitor has no knowledge, or reason to balieve,
<br />that the Property, whenever and whether owned by previous Occupants, has ever contained asbestos, PCBs, lead
<br />paints or other Hazardous Substances, whether used in construction or stored on the Property.
<br />No Notices. Indemnitor has received no summons, citation, directiva, letter or other communication, written or
<br />oral, ftom any agency or department of eny county or state or the U.S. Government concerning any interrtional or
<br />unintentional action or omission on, urtder, or about tha Property which has resuited in the releasing, spilling,
<br />keaking, pumping, pouring, emitting, emptying or dumping of Haaardous Substances into any waters, ambient eir or
<br />onto any lands or where damage may have resulted to the lands, waters, fish, shellfish, wildlife, biota, air or other
<br />naturalresources.
<br />AFFIRMATIVE COVENANTS. Indemnitor covenants with Lender as follows:
<br />Use of Property. Indemnitor will not use and does not intend to use the Property to generate, manufecture, refine,
<br />transport, treat, siore, handle or dispose of any Haaerdous Substances, PCBs, lead peint or asbestos.
<br />Compliance with Environmental Laws. Indemnitor shall cause the Property and the operations conducted on it to
<br />comply with any and ali Environmental Laws and prders of any gove�nmental authorities having jurisdiction under
<br />any Environmentel Lews end shali obtain, keep in effect end comply with all governmental permits and
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