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Loan No: _
<br />201903798
<br />HAZARDOUS SUBSTANCES AGREEMENT
<br />(Continued) Page 3
<br />harmless Lender and Lender's officers, directors, employees and agents, and Lender's successors and assigns and their
<br />officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, costs, fines,
<br />penalties and expenses (including without limitation attorneys' fees at trial and on any appeal or petition for review,
<br />consultants' fees, remedial action costs, natural resource damages and diminution in value) incurred by such person (a)
<br />arising out of or relating to any investigatory or remedial action involving the Property, the operations conducted on the
<br />Property, or any other operations of Indemnitor or any Occupant and required by Environmental Laws or by orders of
<br />any governmental authority having jurisdiction under any Environmental Laws, including without limitation any natural
<br />resource damages, or (b) arising out of or related to any noncompliance with or violation of Environmental Laws or any
<br />applicable permits or approvals, or (c) on account of injury to Lender or any person whatsoever or damage to any
<br />property arising out of, in connection with, or in any way relating to (i) the breach of any covenant, representation or
<br />warranty contained in this Agreement, (ii) the violation of any Environmental Laws, permits, authorizations or approvals,
<br />(iii) the use, treatment, storage, generation, manufacture, transport, release, spill, disposal or other handling of
<br />Hazardous Substances on the Property, or (iv) the contamination of any of the Property by, or the presence, release or
<br />threatened release of, Hazardous Substances by any means whatsoever (explicitly including without limitation any
<br />presently existing contamination of the Property, whether or not previously disclosed to Lender), or (d) pursuant to this
<br />Agreement. Indemnitors obligations under this section shall survive the termination of this Agreement and as set forth
<br />below in the Survival section. In addition to this indemnity, lndemnitor hereby releases and waives all present and
<br />future claims against Lender for indemnity or contribution in the event Indemnitor becomes liable for cleanup or other
<br />costs under any Environmental Laws.
<br />PAYMENT: FULL RECOURSE TO INDEMNITOR. Indemnitor intends that Lender shall have full recourse to Indemnitor
<br />for Indemnitors obligations under this Agreement as they become due to Lender. Such liabilities, losses, claims,
<br />damages and expenses shall be reimbursable to Lender as Lenders obligations to make payments with respect thereto
<br />are incurred, without any requirement of waiting for the ultimate outcome of any litigation, claim or other proceeding,
<br />and Indemnitor shall pay such liability, losses, claims, damages and expenses to Lender as so incurred within thirty (30)
<br />days after written notice from Lender. Lender's notice shall contain a brief itemization of the amounts incurred to the
<br />date of such notice. In addition to any remedy available for failure to pay periodically such amounts, such amounts
<br />shall thereafter bear interest at the Note default rate, or in the absence of a default rate, at the Note interest rate.
<br />SURVIVAL. The covenants contained in this Agreement shall survive (A) the repayment of the Indebtedness, (B) any
<br />foreclosure, whether judicial or nonjudicial, of the Property, and (C) any delivery of a deed in lieu of foreclosure to
<br />Lender or any successor of Lender. The covenants contained in this Agreement shall be for the benefit of Lender and
<br />any successor to Lender, as holder of any security interest in the Property or the indebtedness secured thereby, or as
<br />owner of the Property following foreclosure or the delivery of a deed in lieu of foreclosure.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:
<br />Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this
<br />Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Agreement,
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
<br />upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lenders attorneys' fees and Lenders legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees and title insurance, to the extent permitted by applicable law. lndemnitor also will pay
<br />any court costs, in addition to all other sums provided by law.
<br />Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used
<br />to interpret or define the provisions of this Agreement.
<br />Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Agreement has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Indemnitor agrees upon Lenders request to submit to the jurisdiction of the
<br />courts of Douglas County, State of Nebraska.
<br />Joint and Several Liability. All obligations of lndemnitor under this Agreement shall be joint and several, and all
<br />references to lndemnitor shall mean each and every Indemnitor. This means that each Indemnitor signing below is
<br />responsible for all obligations in this Agreement.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement
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