|
200102807
<br />ENVIRONMENTAL RIDER
<br />THIS ENVIRONMENTAL RIDER is made this 30th day of MARCH ,
<br />2001 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of
<br />Trust or Security Deed (the `Security Instrument') of the same date given by the undersigned (the
<br />`Borrower') to secure Borrower's note to PINNACLE BANK, PALMER, NE (the `Lender') of the
<br />same date and covering the property described in the Security Instrument.
<br />ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to the
<br />representations and warranties made in the Security Instrument, Borrower further certifies that it
<br />has exercised due diligence to ascertain whether the premises or any site within the vicinity of the
<br />premises is or has been affected by the presence of asbestos, radon, lead, hazardous nuclear waste,
<br />toxic substances, or other pollutants or hazardous wastes or materials that could be a detriment to
<br />the premises or its value. Borrower further certifies that it has exercised due diligence to ascertain
<br />whether the premises or any operation thereon violates any local, state or federal laws, regulations
<br />or standards.
<br />INDEMNIFICATIONS AND HOLD HARMLESS AGREEMENT
<br />1. Borrower, its successors and assigns and Borrower's guarantors (collectively referred to in
<br />this Paragraph 1 as `Borrower') agree to defend, indemnify and hold harmless Lender, its
<br />directors, officers, employees, agents, contractors, subcontractors, licensees, invitees,
<br />successors and assigns (collectively referred to in this Paragraph 1 as `Lender'), from and
<br />against any and all claims, demands judgments, damages, actions, causes of action,
<br />injuries, administrative orders, consent agreement and orders, liabilities, penalties, costs,
<br />and expenses of any kind whatsoever, including claims arising out of loss of life, injury to
<br />persons, property, or business or damage to natural resources in connection with activities
<br />of Borrower, its predecessors in interest, third parties who have trespassed on the
<br />Premises, or parties in contractual relationship with Borrower, or any of them, whether or
<br />not occasioned wholly or in part by any condition, accident or event caused by any act or
<br />omissiw Qf Lendpr-� w ch
<br />(a) Arises out of the actual, alleged or threatened discharge, dispersal, release,
<br />storage, treatment, generation, disposal or escape of pollutants or other toxic or
<br />hazardous substances, including any solid, liquid, gaseous or thermal irritant or
<br />contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and
<br />wastes (including materials to be recycled, reconditioned or reclaimed); or
<br />(b) Actually or allegedly arises out of the use, specification, or inclusion of any
<br />product, material or process containing chemicals, the failure to detect the
<br />existence or proportion of chemicals in the soil, air, surface water or ground
<br />water, or the performance of failure to perform the abatement of any pollution
<br />source or the replacement or removal of any soil, water, surface water, or ground
<br />water containing chemicals.
<br />2. The Borrower, its successors and assigns, shall bear, pay and discharge when and as the
<br />same become due and payable, any and all such judgments or claims for damages,
<br />penalties or otherwise against Lender described in Paragraph 1, and shall hold Lender
<br />harmless for those judgments or claims and shall assume the burden and expense of
<br />defending all suits, administrative proceedings, and negotiations of any description with
<br />any and all persons, political subdivisions or government agencies arising out of any of the
<br />occurrences set forth in Paragraph 1.
<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
<br />this Environmental Rider.
<br />(Borrower)
<br />IVAN P. WALSH
<br />(Borrower)
<br />SHARON L. WALSH
<br />
|