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<br />WHEN RECORDED MAIL TO:
<br />Bank of the West
<br />520 Main Ave
<br />Fargo, ND 58124
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<br />FOR RECORDER'S USE ONLY
<br />HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT
<br />THIS HAZARDOUS SUBSTANCES AGREEMENT dated June 27, 2019, is made and executed
<br />among TOWER 217, LLC, a Nebraska limited liability company, whose address is 703 W 17TH
<br />ST, GRAND ISLAND, NE 68801 (sometimes referred to below as "Borrower" and sometimes
<br />as "Indemnitor"); and BANK OF THE WEST, SME BBC Omaha #21380, 13220 California St.,
<br />Omaha, NE 68154 (referred to below as "Lender"). For good and valuable consideration and
<br />to induce Lender to make a loan to Borrower, each party executing this Agreement hereby
<br />represents and agrees with Lender as follows:
<br />PROPERTY DESCRIPTION. The word "Property" as used in this Agreement means the following Real Property located
<br />n in HALL County, State of Nebraska:
<br />~ The South Forty Four (44) feet of the West Seventeen and One Half (17 1/2) feet of Lot Three (3) and the South
<br />Forty Four (44) feet of Lot Four (4), and the North Eight (8) feet of the South Fifty Two (52) feet of the West
<br />Twenty Two (22) feet of said Lot Four (4), all in Block Sixty Six (66), in the Original Town, now City of Grand
<br />Island, Hall County, Nebraska; more particularly described as follows: Commencing at the Southwest corner of Lot
<br />Four (4), in Block Sixty Six (66), in the Original Town, now City of Grand Island, Nebraska; thence in an Easterly
<br />direction along the South line of said Lot Four (4) and the South line of Lot Three (3), in said Block Sixty Six (66),
<br />parallel with the North line of said Lot Four (4) and the North line of said Lot Three (3), a distance of Eighty Three
<br />and One Half (83 1/2) feet; thence in a Northerly direction parallel with the West line of said Lot Four (4), a
<br />distance of Forty Four (44) feet; thence in a Westerly direction, parallel with the South line of said Lot Four (4) and
<br />the South line of Lot Three (3), a distance of Sixty One and One Half (61 1/2) feet; thence in a Northerly direction,
<br />parallel with the West line of said Lot Four (4), a distance of Eight (8) feet; thence in a Westerly direction parallel
<br />with the South line of said Lot Four (4), a distance of Twenty Two (22) feet; thence in a Southerly direction, a
<br />distance of Fifty Two (52) feet to the place of beginning.
<br />The Real Property or its address is commonly known as 217 N LOCUST ST, GRAND ISLAND, NE 68801. The Real
<br />Property tax identification number is 400005689.
<br />REPRESENTATIONS. The following representations are made to Lender, subject to disclosures made and accepted by
<br />Lender in writing:
<br />Use of Property. After due inquiry and investigation, Indemnitor has no knowledge, or reason to believe, that
<br />there has been any use, generation, manufacture, storage, treatment, refinement, transportation, disposal, release,
<br />or threatened release of any Hazardous Substances by any person on, under, or about the Property.
<br />Hazardous Substances. After due inquiry and investigation, Indemnitor has no knowledge, or reason to believe,
<br />that the Property, whenever and whether owned by previous Occupants, has ever contained asbestos, PCBs, lead
<br />paints or other Hazardous Substances, whether used in construction or stored on the Property.
<br />No Notices. Indemnitor has received no summons, citation, directive, letter or other communication, written or
<br />oral, from any agency or department of any county or state or the U.S. Government concerning any intentional or
<br />unintentional action or omission on, under, or about the Property which has resulted in the releasing, spilling,
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