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200100331
<br />REAL ESTATE MORTGAGE — NEBRASKA Page 5
<br />COOPERATIVE PRODUCERS, INC.
<br />Hastings, Nebraska
<br />under any Environmental Law arising from or costs incurred by such governmental entity in
<br />response to a release or a threatened release of a Hazardous Material. Mortgagor further
<br />represents and warrants that no conditions currently exist or are currently reasonably foreseeable,
<br />that would subject Mortgagor to any such investigation, litigation, administrative enforcement or
<br />any damages, penalties, injunctive relief, or cleanup costs under any Environmental Law. In the
<br />event of such notice, Mortgagor and any tenants shall immediately provide a copy to the
<br />Mortgagee.
<br />(4) Right of Inspection. Mortgagor hereby grants, and will cause any tenants to grant, to
<br />Mortgagee, its agents, attorneys, employees, consultants, contractors, successors and assigns, an
<br />irrevocable license and authorization, upon reasonable notice, to enter upon and inspect the
<br />Property and facilities thereon, and perform such tests, including without limitation, subsurface
<br />testing, soils and groundwater testing, and other tests which may physically invade the Property
<br />thereon, as the Mortgagee in its sole discretion, determines are necessary to protect its security
<br />interest, provided however, that under no circumstances shall the Mortgagee be obligated to
<br />perform such inspections or tests.
<br />(5) Indemnitv. Mortgagor agrees to indemnify and hold Mortgagee, its directors, employees,
<br />agents, and its successors and assigns, harmless from and against any and all claims, losses,
<br />damages, liabilities, fines, penalties, charges, judgments, administrative orders, remedial action
<br />requirements, enforcement actions of any kind, and all costs and expenses incurred in connection
<br />therewith (including, but not limited to, attorney's fees and expenses) arising directly or
<br />indirectly, in whole or in part, out of any failure of Mortgagor to comply with the environmental
<br />representations, warranties and covenants contained herein.
<br />(6) Continuation of Representations, Warranties. Covenants and Indemnities Mortgagor's
<br />representations, warranties, covenants and indemnities contained herein shall survive the
<br />occurrence of any event whatsoever, including without limitation, the satisfaction of the
<br />promissory note(s) secured hereby, the reconveyance or foreclosure of this mortgage, the
<br />acceptance by Mortgagee of a deed in lieu of foreclosure, or any transfer or abandonment of the
<br />Property.
<br />(7) Corrective Action. In the event the Mortgagor is in breach of any of its representations,
<br />warranties or agreements as set forth above, Mortgagor at its sole expense, shall take all action
<br />required, including environmental cleanup of the Property, to comply with the representations,
<br />warranties and covenants herein or applicable legal requirements and, in any event, shall take all
<br />action deemed necessary under all applicable Environmental Laws.
<br />WICIAIJ \WIC_COLUSTATE SPECIFIC Webraska\2000\A- L\Hastings\Mtg Hall County, NE 9- 13- OO.doc
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