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201304098 <br /> C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous <br /> Substance occurs on, under or about the Property or migrates or threatens to migrate from <br /> nearby property; or (2) there is a violation of any Environmental Law concerning the <br /> Property. In such an event, Grantor will take all necessary remedial action in accordance <br /> with Environmental Law. <br /> D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no <br /> knowledge of or reason to believe there is any pending or threatened investigation, claim, or <br /> proceeding of any kind relating to (1) any Hazardous Substance located on, under or about <br /> the Property; or (2) any violation by Grantor or any tenant of any Environmental Law. <br /> Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe <br /> there is any such pending or threatened investigation, claim, or proceeding. In such an <br /> event, Lender has the right, but not the obligation, to participate in any such proceeding <br /> including the right to receive copies of any documents relating to such proceedings. <br /> E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every <br /> tenant have been, are and will remain in full compliance with any applicable Environmental <br /> Law. <br /> F. Except as previously disclosed and acknowledged in writing to Lender, there are no <br /> underground storage tanks, private dumps or open wells located on or under the Property <br /> and no such tank, dump or well will be added unless Lender first consents in writing. <br /> G. Grantor will regularly inspect the Property, monitor the activities and operations on the <br /> Property, and confirm that all permits, licenses or approvals required by any applicable <br /> Environmental Law are obtained and complied with. <br /> H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and <br /> inspect the Property and review all records at any reasonable time to determine (1) the <br /> existence, location and nature of any Hazardous Substance on, under or about the Property; <br /> (2) the existence, location, nature, and magnitude of any Hazardous Substance that has <br /> been released on, under or about the Property; or (3) whether or not Grantor and any tenant <br /> are in compliance with applicable Environmental Law. <br /> I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a <br /> qualified environmental engineer to prepare an environmental audit of the Property and to <br /> submit the results of such audit to Lender. The choice of the environmental engineer who <br /> will perform such audit is subject to Lender's approval. <br /> J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under <br /> this section at Grantor's expense. <br /> K. As a consequence of any breach of any representation, warranty or promise made in this <br /> section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns <br /> harmless from and against all losses, claims, demands, liabilities, damages, cleanup, <br /> response and remediation costs, penalties and expenses, including without limitation all <br /> costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may <br /> sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in <br /> return Grantor will provide Lender with collateral of at least equal value to the Property <br /> without prejudice to any of Lender's rights under this Security Instrument. <br /> L. Notwithstanding any of the language contained in this Security Instrument to the <br /> contrary, the terms of this section will survive any foreclosure or satisfaction of this Security <br /> Instrument regardless of any passage of title to Lender or any disposition by Lender of any or <br /> all of the Property. Any claims and defenses to the contrary are hereby waived. <br /> ESSENTIAL MOTION CHIROPRACTIC AND REHAB,LLC <br /> Nebraska Deed Of Trust Initials <br /> NE/4XXXNVRBA00000000000654077N Wolters Kluwer Fnancial Services 01996, 2013 Bankers Page 8 <br /> Systems*" <br /> 1111111111111111111111113111111 1111111111111111111111111111111111111111111 111111 Z <br /> III IIII11111l11111111lllllalllIII <br />