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2� 15�8259
<br /> �hi� paragraph shall sur�ive the paymen� in fu11 of all other sums secured hereby and the termination and
<br /> sa�isfaction of record of�his Trust Deed.
<br /> Tha� Trustor warrants and represents to Trustee tha� Trustor has investigated the prior avvnership
<br /> and use of the Pr�mises, in a manner cansistent with good c�mmercial and customary practice, t�
<br /> determine tha�the Premises is free of hazardaus substances. Trustor, in perform�ng its in�estiga�i�n, has
<br /> considered, among other factors:
<br /> a} the relationship nf the purchase price to the value of the Premises if uncontaminated
<br /> when acquired,
<br /> b� ��mmonly kn�wn or ascer�ainable inf�rmation abaut the Premises, and
<br /> c� the ob�iousness of the presence, ar like�y presence, of contamination.
<br /> That Trustar warrants and represents to Trustee that, after reasonable in�estigation,to the best of
<br /> Trust�r's knowledge:
<br /> a� none of the r�al praper�y awned andlor occupied by Trustor, inc�uding�he Fremises, has
<br /> ever been used to treat, �tare, produce, handle, transfer, pracess, transport, dispose �r
<br /> otherwise re�ease hazardaus substances andlar any o�her substances regu�ated ar
<br /> controlled by the Enviranmental Laws or which would result in any liability therefor;
<br /> b} there is no po�Iution or danger of po��ution resulting fram a condition which exists on
<br /> the Premises which requires any corre�tive action under the En�iranmental Laws ar
<br /> �� which would result in any l��ab�lity therefar; � � �
<br /> c� no notif cation has been filed with regard to a re�ease of hazardaus substances �n, into,
<br /> onto ar from the Prem�ses under the En�iranmental Laws;
<br /> d} neithe.r Trustar nor any prior �wner or accupier of the Premises have received a
<br /> summons, citation, Notice af Viola�i�n, Administrati�e �rder, directi�e, letter or nther
<br /> communication, written ar oral, fr�m any go�ernmen�al �r�uasi-go�ernmenta� autharity
<br /> canc�rning any releases af or cvntaminations caused by hazardaus substances or
<br /> �io�ation �r al�eged�iolation of any En�ironmental Laws;
<br /> e} there are no undergr�und starage tanks, �isible asbestas, asbesfios-containing materials,
<br /> PCB's or UFFI located on, in, under or about the Premises;
<br /> f} there ha�e been na releases at, upon, under or within, and no past or ongoing m�gration
<br /> from neighboring �ands ta the Premises of any hazardaus substanc�s;
<br /> g� there is no radan gas infiltrat�ng the Buildings in excess of current state and federal
<br /> gu idelines; and �
<br /> h� a�i warranties and representations g�ven by Trustor, or any other par�y, are true,
<br /> complete and carrect as of the date hereaf..
<br /> That Trust�r agrees that any materials ar ather items found in, on, under or ar�und the Premises
<br /> which qualify as hazardaus substances, or any othervv�se deemed unacceptable by �he Trustee, in its sole
<br /> discre�ion sha11 be immediate�y remo�ed from th� Premises, at Tru�tor's sole cost and e�pense, in
<br /> compliance with a1i applicable En�iranmental Law.
<br /> That Trustor shall, in additian �o those no�ifications required e�sewhere in this Trus� Deed, natify
<br /> Trustee of:
<br /> a} the presence of any visible asbestos �r asbest�s-cantaining materials, P�B's ��xcept as
<br /> shown an the Environmental Certif cate}, radon gas beyond acceptable limits, or urea
<br /> farmaldehyde foam insula�ian a�, in, on, under, �nto or from the Prem�ses, and
<br /> b� the rece�pt by Trustor of any notice or other communication from any governmental
<br /> entity or auth�rity ar from any tenants or ather accupant o.r frorn any ather persan or
<br /> source vvith respect �o any a�leged or ac�ual release, contamination ar other e�ent
<br /> in�vol�ing a hazardous substance on, in,UI7C��ry onto, or from the Premises, and
<br /> c� shall prampt�y send Trustee copies af a�l results of tests af underground st�rage tanks at
<br /> the Premises. .
<br /> 14. APPOINTMENT [�F SU�CESSUR TRUSTEE. �eneficiary may, from time t❑ time,
<br /> by a wr�tten instrument e�.ecuted and acknowledged by Beneficiary, mailed�o Trustor and rec�rded in the
<br /> county ar count�es in which the Praperty is lacated and�y otherw�se comply�ng with the provisions of the
<br /> applicable laws �f the state of Nebraska, substitute a successor or successars to the Trustee named herein
<br /> or ac�ing hereunder.
<br /> 15. INSPECTI�NS. Beneficiary, ar its a�ents, representati�es, or emplayees, are
<br /> au�hor�zed to enter at any reasonable time and in accordance with the terms af ex�sting Ieases and the
<br /> Nebraska Landlord Tenant Act upon or in any part of the Praper�y far�he purpase of inspecting the same
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