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20�20277�
<br />HAZARDOUS SUBSTANCES AGREEMENT
<br />(Continued) Page 3
<br />(iii} the use, treatment, storage, generetion, manufacture, transport, release, spill, disposal or other handling of
<br />Hezardous Substances on tha 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 Iimitation any
<br />presently existing contamination of the Property, whether or not prevfousiy disclosed to Lender), or (d) pursuent to this
<br />Agreement. Indemnitor's obligations under this section shall survive the termination ot this Agreement and es set forth
<br />befow in the Survival section. ln addition to this indemnity, Indemnitor hareby releases and weives all present and
<br />future claims against Lender for indemnity or contribution in the event Indemnitor becomes 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 bacome due to Lender. Such liabilities, loases, claims,
<br />damages and expenses shall be reimbursable to Lender as Lender's obligations to make payments with respect thereto
<br />are incurred, without any requirement of waiting for the ultimete outcome of any litigation, cleim or other proceeding,
<br />and Indemnitor shall pay such liab(lity, losses, claims, damages and 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 af such notice. In addition to any remedy available for failure to pey periodically such amounts, such amounts
<br />shall thereafter bear interest at the Note default rete, or in the absence of a default rate, at the Note interest rate.
<br />SURVIVAL. The covenants contained in this Agreement shall survive (A) the repayment of the Indebtedness, {B) any
<br />foreclosure, whether judicial or nonjudiciai, of the Property, and (C) any delivery of a deed in fieu of foreclosure to
<br />Lender or any successor of Lender. The covenants contained in this Agreement shall be for the benefit of Lender and
<br />any successor to Lender, as holder of any security interest [n 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 PROVISIONS. The following miscellaneous provisions are a part of this Agreement: _.
<br />Amendments. This Agreement, together wtth any Related Documents, constitutes the entire understanding end .,
<br />agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this _.
<br />Agreemerrt shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the elteretion or amendment. �
<br />Attomeys' Fees; ExRenses. If Lender institutes any suit or action to enforce any of the terms of this Agreement, ..
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonabie as ettorneys' fees at trial and -
<br />upon any appeal. Whether or not any court actfon is involved, and to the extent not prohibited by faw, ell -
<br />reasonable expenses Lender incurs thet in Lender's opinion are necessary at any time for the protection of its -
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on damand and shall bear �
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paregraph include, .
<br />without limitation, however subJect to any limits under applicable law, Lender's attomeys' fees and Lender's legal ..
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedinga -
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment -
<br />collection seroices, the cost of searching records, obtaining thle reports (including foreclosure reports), surveyors' �
<br />reports, and appreisel fees and title' insurance, to the aMent permitted by appl(cable law. Indemnitor also will pey :
<br />any court costs, in addition to all other sums provided by law. .
<br />Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used _
<br />to interpret or define the provisions of this Agreement. .
<br />Goveming Law. Wrth respect to procedural matters related to the perfection and er►forcemerrt of Lender's rights -
<br />egeinst the Property, this Agreement will be govemed by federal law appHcable to Lender and to the extent not :
<br />preempted by federal law, the laws of the State of Nebraska. In all other respects, this Agreement will be .
<br />eoverned by federal law applicable to Lender end, to the extent not preempted by federal law, the laws of the _
<br />State of Calarado wlthaut regard to its conf6cts of law provisions. However, if there ever is a puestton about -
<br />whether any proviston of this Agreement is valid or enforceable, the provision that is questioned will be governed -
<br />by whichever state or federal law would find the provlsian to be valtd and enforceable. The loan uansaction that is •
<br />evidenced by the Note and this Agreemer►t has been applied for, considered, epproved and made, and all necessary :
<br />loan documents have been accepted by Lender in the State of Colorado. .
<br />Choice of Venue. If there is a lawsuft, Indemnitor agrees upon Lender's requast to submit to the jurisdiction of the �
<br />courts of Arapahoe County, State of Colorado.
<br />Joint and Several Liabilityr. Ali obligetions of Indemnitor under this Agreement shali be jofnt and several, and atl •
<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 shall not be daemed to have waived eny rights under this Agreement unless such �
<br />waiver is given in writing and signed by Lender. No delay or omission on the pert 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 this Agreement ,
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand 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, shell constitute a waiver of any of Lende�'s rights or of eny of Indemnitor's obligetions as •
<br />to any future transactions. Whenever the consent of Lender is required under this Agreement, the grarrting of such
<br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such
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