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<br /> Lender does not waive Lender's right to later consider the event a default if it continues or
<br /> happens again.
<br /> 19. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event
<br /> of Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection,
<br /> enforcement, valuation, appraisal or protection of Lender's rights and remedies under this
<br /> Security Instrument or any other document relating to the Secured Debts. Grantor agrees to
<br /> pay expenses for Lender to inspect, valuate, appraise and preserve the Property and for any
<br /> recordation costs of releasing the Property from this Security Instrument. Expenses include,
<br /> but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses
<br /> are due and payable immediately. If not paid immediately, these expenses will bear interest
<br /> from the date of payment until paid in full at the highest interest rate in effect as provided for in
<br /> the terms of the Secured Debts. In addition, to the extent permitted by the United States
<br /> Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to
<br /> protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by
<br /> or against Grantor.
<br /> 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br /> Environmental Law means, without limitation, the Comprehensive Environmental Response,
<br /> Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and
<br /> local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters
<br /> concerning the public health, safety, welfare, environment or a hazardous substance; and (2)
<br /> Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
<br /> contaminant which has characteristics which render the substance dangerous or potentially
<br /> dangerous to the public health, safety, welfare or environment. The term includes, without
<br /> limitation, any substances defined as "hazardous material," "toxic substance," "hazardous
<br /> waste," "hazardous substance," or "regulated substance" under any Environmental Law.
<br /> Grantor represents, warrants and agrees that:
<br /> A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous
<br /> Substance has been, is, or will be located, transported, manufactured, treated, refined, or
<br /> handled by any person on, under or about the Property, except in the ordinary course of
<br /> business and in strict compliance with all applicable Environmental Law.
<br /> B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not
<br /> and will not cause, contribute to, or permit the release of any Hazardous Substance on the
<br /> Property.
<br /> C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous
<br /> Substance occurs on, under or about the Property or migrates or threatens to migrate from
<br /> nearby property; or (2) there is a violation of any Environmental Law concerning the
<br /> Property. In such an event, Grantor will take all necessary remedial action in accordance
<br /> with Environmental Law.
<br /> D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no
<br /> knowledge of or reason to believe there is any pending or threatened investigation, claim, or
<br /> proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
<br /> the Property; or (2) any violation by Grantor or any tenant of any Environmental Law.
<br /> Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe
<br /> there is any such pending or threatened investigation, claim, or proceeding. In such an
<br /> event, Lender has the right, but not the obligation, to participate in any such proceeding
<br /> including the right to receive copies of any documents relating to such proceedings.
<br /> E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every
<br /> tenant have been, are and will remain in full compliance with any applicable Environmental
<br /> Law.
<br /> F. Except as previously disclosed and acknowledged in writing to Lender, there are no
<br /> underground storage tanks, private dumps or open wells located on or under the Property
<br /> and no such tank, dump or well will be added unless Lender first consents in writing.
<br /> G. Grantor will regularly inspect the Property, monitor the activities and operations on the
<br /> Property, and confirm that all permits, licenses or approvals required by any applicable
<br /> Environmental Law are obtained and complied with.
<br /> H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and
<br /> inspect the Property and review all records at any reasonable time to determine (1) the
<br /> existence, location and nature of any Hazardous Substance on, under or about the Property;
<br /> (2) the existence, location, nature, and magnitude of any Hazardous Substance that has
<br /> been released on, under or about the Property; or (3) whether or not Grantor and any tenant
<br /> are in compliance with applicable Environmental Law.
<br /> I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a
<br /> qualified environmental engineer to prepare an environmental audit of the Property and to
<br /> MICHAEL R WAGONER
<br /> Nebraska Deed Of Trust
<br /> NE/4CHAPPOLD0000000000 1 7 3 70940906 1 8N Wolters Kluwer Financial Services©1996,2018 Bankers Page 6
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