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I
<br />101934
<br />prohibitions contained in this Deed Of Trust and th•:Related Loan
<br />Instruments. Trustor shall. immediately'hotify Beneficiary of any
<br />failure by Trustor to make any.payment.or perform:.:ar,,y, of the
<br />Obligations made or owed-by Trustor under the terms of this Deed of
<br />Trust, and Trustor shall notify Beneficiary immediately upon the
<br />occurrence or happening of any Event of Default hereunder.
<br />25. Vn'vIr*=*AtaX Ropresor-tations, warranties and covenants.
<br />Trustor hereby r' �reiehts, warrants and covenants to.Baneficiary
<br />and - Truste4i that:
<br />(A) the Trust..Property and any real property contiguous
<br />to the Trust Property and Trustor -and,(to the best of Trustor9s
<br />knowledge)' any prededbssors in Interest to Trustor are not in
<br />violation.of or subject to any existing, pending or threatened
<br />investigation or inquiry by any governmental authority or to any
<br />removal or remedial obligations under any applicable laws
<br />pertaining to health or the enyritorment (hereinafter sometimes
<br />collectively referred to as the ,mApplicable EnVironmental L-aws"),
<br />including, without limitation,-t-he comprehensive Envir6n.xental
<br />Response, Compensation, and Liability Act of 1980 42 MA.C.
<br />9601-75 (1986), as amended by the superfund Amendments and
<br />Reauthorization Act, Pub. L. Np...99-499, 100 Stat. 1623'(1986)
<br />("CERCLA"), and as the same may be further amended from,tinsi_ to
<br />time; The. Toxic Substances Control Act, '"TSCAII), 25 U.S.C. .1.2601
<br />et. sea.; as amended from time to time, The Clean Water Act
<br />(9CWA"),;'.33 U.S.C. S 1251 et. sea., as amended from time to time;
<br />The Safe Drinking Water Act (IISDWAII), 42 U.S.C' §§ 300f-300 (j)-
<br />10,* as a;tanded from time io time; The clean Air Act ( "CAA"), 42
<br />U.S.C. § L7401 -et, sear. (106), as amended from time to time; The
<br />Resource'C.onservation and Recovery Act of 1976 ("RCRAIII), 42 U.S.C.
<br />§§ 6901�.91 (1985), as amended from time to time; Nebraska
<br />Environmental Protection Act, § 81-1501 at.- sea., R.R.S. Nebraska
<br />1941, as amended from time to tirm�,, Nebraska Asbestos Control Act,
<br />§ 71-6302 et, seg., R.R.S. Nebraska 1943, as amended from time to
<br />tine; and all other federal, state and local laws, statutes, rules,
<br />regulations, orders and determinations, now or hereafter existing,
<br />and all amendments thereto, pertaining to health or the
<br />environment; and this representation and warranty shall continue to
<br />be true and correct following disclosure to any applidable federal,
<br />state or local governmental or regulatory authority ("Governmental
<br />Authority") , including, but not limited to, the' federal
<br />Enviro=en.tal Protection Agency or its successors, of all relevant
<br />facts, conditions and circumstances, if An-, pertaining to the
<br />Trust Property;
<br />(b) Trustor has not obtained a i is not required to
<br />chtain and, to the best of Trustor's knowledge, no predecessor in
<br />interest to Trustor was required to obtain any permits, licenses or
<br />Similar authorizations from any Governmental Authority to
<br />construct, occupy, operate or use the Trust Property or any
<br />buildings, improvements, fixtures or equipment forming a part of
<br />the Trust Property by reason of any Applicable Environmental Laws;
<br />and Truster and, to the best of Trustor's knowledge, any prior
<br />owner or occupant of the Trust Property are and have been in full
<br />compliance with any and all kequirements under any and all
<br />Applicable Laws and Applicable Environmental Laws;
<br />(c) Trustor has taken all steps necessary to determine
<br />and has determined that no hazardous substances, solid wastes, or
<br />contaminants have been disposed, discharged or otherwise released
<br />on or to or injected into the Trust Property and no radon gas
<br />concentration exceeding two (2) picocuries per liter (2pCi/1)
<br />exists in any space in any building or improvement on or about the
<br />Land; and the use which Trustor makes and intends to make of the
<br />Trust Property shall not rc.-Ult in the dimposal, discharge or other
<br />release or injection of any hazardous substance, solid waste or
<br />contaminant on or to the Trust Property;
<br />(d) no space within any structure which constitutes a
<br />part of the Trust Property or any building or improvement situated
<br />on the Land contains any asbestos or formaldehyde insulation, and
<br />D:\L40AIJD0C\HEALTH.D0T
<br />April 10, 1989 12
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