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REAL ESTATE MORTGAGE — NEBRASKA
<br />COOPERATIVE PRODUCERS, INC.
<br />Hastings, Nebraska
<br />200100331
<br />Page 4
<br />TENTH. Mortgagor further makes the following representations, warranties, and
<br />covenants, all of which are subject to any exceptions that Mortgagor may have previously
<br />disclosed in writing to Mortgagee, and which, to the extent that they deal with representations of
<br />fact, are based on Mortgagor's present knowledge, arrived at after reasonable inquiry.
<br />(1) Use of Property and Facilities. (a) Mortgagor will (i) use, handle, transport or store
<br />Hazardous Materials as defined under any Environmental Law or (ii) store or treat nonhazardous
<br />wastes (a) in a good and prudent manner in the ordinary course of business, and (b) in
<br />compliance with all applicable Environmental Laws.
<br />(b) Mortgagor will not conduct or allow to be conducted, in violation of any
<br />Environmental Law, any business, operations or activity on the Property, or employ or use the
<br />Property to generate, use, handle, manufacture, treat, store, process, transport or dispose of any
<br />Hazardous Materials, or any other substance which is prohibited, controlled or regulated under
<br />applicable law, or which poses a threat or nuisance to public safety, health or the environment or
<br />cause, or allow to be caused, a known or suspected release of Hazardous Materials on, under or
<br />from the Property.
<br />(c) Mortgagor will not do or permit any act or thing, business or operation, that poses an
<br />unreasonable risk of harm, or impairs, or may impair, the value of the Property, or any part
<br />thereof.
<br />(2) Condition of Property. (a) Mortgagor shall take all appropriate response action, including
<br />any removal and remedial action, in the event of a release, emission, discharge or disposal of
<br />Hazardous Materials in, on, under or about the Property, so as to remain in compliance with
<br />Environmental Law as hereinafter defined.
<br />(b) Underground tanks, wells (except domestic water wells), septic tanks, ponds, pits, or
<br />any other storage tanks (whether currently in use or abandoned) on the Property, if any, are
<br />maintained in compliance with applicable Environmental Law.
<br />(3) Notice of Environmental Problem or Litigation. Neither Mortgagor nor any of its tenants
<br />have given, nor were they required to give, nor have they received, any notice, letter, citation,
<br />order, warning, complaint, inquiry, claim or demand that: (i) Mortgagor and/or any tenants have
<br />violated, or are about to violate, any Environmental Law, judgment or order; (ii) there has been a
<br />release, or there is a threat of release, of Hazardous Materials from the Property; (iii) Mortgagor
<br />and/or tenants may be or are liable, in whole or in part, for the costs or cleaning up, remediating,
<br />removing or responding to a release or threatened release of Hazardous Materials; (iv) the
<br />Property is subject to a lien in favor of any governmental entity or any liability, costs or damages,
<br />WICW\U MC_COLUSTATE SPECIFIC\Nebraska\2000 W- L\Hastings\Mtg Hall County, NE 9- 13- OO.doc
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