|
�a�- 104176
<br />This Addendum, made this 27 day of July , 19 89 * constitutes a
<br />contlnuation of the provisions of the Deed of Trust dated this same day by
<br />and between Ronald E. Grexa, a Single Person ( "Truster ")
<br />and Norwest Bank_ Nebraska, National Association ( "Trustee"
<br />and "Beneficiary ").
<br />WHF.REAS,'Trustor represents, warrants and covenants to Trustee and
<br />Beneficiary the following with regards to Hazardous Waste:
<br />(a) No hazardous substances or hazardous haste are presently.-- A*ored or
<br />otherwise located on, in or under the Trust Property and no part cf2the Trust:
<br />Property,,..:.;including the ground water located thereon,' is presently- ,csutamin it4d
<br />by any' du; k, substances or waste. For purposes of this instruments
<br />"hazardous eu'6etances" and "hazardous waste" shall: Crean and include: hazardous,
<br />toxic, or dangerous waste, sOst ace 'or material within the aeani:ri&. the
<br />Federal Comprehensive Environrr�iy.4 Response, Compensation and Liabl2ity'Act, or
<br />any other Federal. stata'o: r 16ce;.statute, law, ordinance,.-code, rule, regulation,
<br />order, or decree regulating; rli.`lsiing to, or imposing liability or-:Wc andards of
<br />conduct concerning any hazardaaift.'`toxic, or dangerous waste, sub st rC or material,
<br />as now or at anytime hereafter say tie` in.. ,affect. '
<br />(b) Until the • Indebtedness is paii.,,i!' full., -all hazardous substances or ?"
<br />hazardous waste f.as defined abo e), which may be -'w sed by any pers" - %r any
<br />•';:::' ` > purpose upon the Trust Propert' shall be used or - xtored thereon o :,in a safe,
<br />approved manner, in acoo dance with all industrial standards and a.0 laws,;
<br />regulations and requiroix*hts for. such storage promulgated by any gp "r mental
<br />authority, and the Trust 'Oro M;rey will not be used for the prinei - ?srpose of
<br />storing any such substances of:scroste and no such storage or use viLL- L.,atherwise be
<br />allowed on the Trust Przpeity which will cause, or which will inci "$mil - t .
<br />likelihood of causing, mare release of smah'. substances or waste on, f.a.or ruder
<br />the Trust Property.
<br />(e) Truster• .afxa: l promptly notify Beneficiary as soon as Truster knows or
<br />suspects that hazardafti- substances or hazardous waste have been released on the
<br />Trust Property. In sa+A event, Beneficiary may require that all violations of
<br />law with respect thereur be corrected and that all necessary governmental permits t
<br />be obtained all at Truster's sole expense.
<br />(d) Trustor does hereby indemnify and hold Beneficiary and Trustee, their
<br />directors, officers, ex9loyees, agents, mad any successor air successors to ;itTa�ir
<br />Interests in the Trust Property hornless from and againsr'&ny and all losses.
<br />claims, damages. penalties. liabilitiees, response costs and expenses (including
<br />all out -of- pocket litigation costs and the reasonable fees and expenses of
<br />counsel) (1) arising out of the inaccuracy, breach or incompletness of any
<br />representation, warranty or covenant made by Trustor in this Addendum or in any
<br />document executed in writing hereafter, or (11) arising out of any lawsuit •`
<br />brought or threatened. settlement reached, or governmental order, relating to ,=y
<br />the presence, disposal, release, or threatened release of any hazardous substance
<br />or hazardous waste upon the Trust Property, or (iii) arising out of any violation
<br />of any applicable statute or regulation for the protection of the environment
<br />which occurs upon the Trust Property; D rd*jlded tbat, to the extent that Senef icia n ' '
<br />or Trustee it strictly liable under any statute ar:a'.egulAtion. Truster's obligatiocx
<br />hereunder shalh likewise be without regard to fault Qn the.--part of Trustor with
<br />respect to the violation of law which results in liability. to Beneficiary d.r Trustee.
<br />FURTHER, the following,, 0 fall ct6ti titute an Event of Default:
<br />Trustor shall fail to properly maintain and preserve the Trust Property# including,
<br />but not limited to, the maintenance of the Trust Property free from all hazardous
<br />substances and hazardous waste described.in Paragraph (a) of this Addendum.
<br />IN WITNESS WSEREOF, this Warranty and Indemnif tion Addendum has been duly
<br />executed the day and year first Above writte
<br />4 Ronald E. Grexa
<br />STATE OF INEBRASKA ) !
<br />)ss.
<br />COUNTY OF HALL )
<br />On this 77 day of July , 1989 before not a notary public and for said
<br />county, personally came Roqald E. Grexa and ,
<br />known to me to be the i ntical persons w csTsigned the foregoing Iddendum rae
<br />acknowledged the execution thereof to be his voluntary act and deed. �.
<br />WITNESS my hand and notarial seal.on this the dz and year lest br vswxltten.
<br />Irv,
<br />tt*lrslf.ltlt
<br />Notary Pt 14r:
<br />
|