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<br />WARRANTY AND INDEMNIFICATION ADDENDUM
<br />This Addendum made this 2 October 89' o9� JL V 5 3 3 `
<br />day of , 19 , constitutes a
<br />continuation of the provision; of the Deed of Trust dated this sane day by
<br />and betweenJmes D. Nolan and Beverly E. Nolan ( "Trustor ")
<br />and Norwest Batik Ne ra ka National Association ( "Trustee"
<br />,and Beneficiaryw .
<br />- - - -- iAtEtFAS=_Trusetnr_ .re rexetts, _wsY*sn+ ts..and- covens Q to Trustee -and - -- -
<br />Beneficiory the folloving.with regards to Hazardous Waste:
<br />(a) No b6sar4ous -- substances or hazardous waste are presently stored or
<br />otherwise located on, in or under the Trust Property and no part of the Trust
<br />Property, 4ocludimS the ground water located thereon, is presently contaminated
<br />by any such~' substances or waste. For purposes'of this instrument, the terms
<br />•; "hazardous substances" and "hazardous waste" shall mean and include any hazardous,
<br />toxic, or dangerous waste, substance or material within the meaning of the
<br />=.::.,
<br />Federal Comptehenst"'. tivirop"ntal Response, C? ponsatlon and Liability Act, or
<br />any other Federal, .. o of zi*al .statute, lay; ' rrrd1"=e, code, rule, -regulatiaii
<br />order or decree to''
<br />s4iat g.''elating o, or. 5 vsIn hility or stands& - `of
<br />conduct cot:cerhiixg.sgrzardous, tam . or 'dangerous die, substance c�ic`ataterial;
<br />as now or at ,anyt1m4`-` after may be` ? =# effect-,.:
<br />(b) dtitii the Indebted sg is paid in full. all hazardous:,',fiir'�stances or
<br /># hazardous waste (as Atfined•above), which may be used by any pai$�U jor any
<br />purpose upon the TM- vt Property shall die used or stored thereon: duly in a safe,
<br />approved manner. fxi .' peordant -r -.with all industrial standards and!::all laws,
<br />regulations and rettmens�a:r such storage promulgated by any'governxental
<br />authority, and the,fst Fit arty will not be used for the principal purpose of..: `
<br />•.'r_, .
<br />storing any such sOstinces of waste and no such storage or use will oth*rrlse be
<br />alloyed on the Trust' Property which will cause,'or which will increase'twii •'
<br />likthhood, of causing, the release of such subs#dmpes or waste on, in or under.
<br />the Trust Property.
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<br />(c) Trustor shall promptly notify Beneficiary as soon as Trustor knows or
<br />suspects that hazardous substances or hazardous waste have been released on the
<br />Trust Property. In such event, Beneficiary may require that all violations of
<br />' law with.respect thereto be corrected and that all necessary governmental peraits
<br />be obtained all at Trustor's sole expense.
<br />(d) Trustor does hereby indemnify and hold Beneficiary and Trustee.their
<br />f
<br />directors,,' wfficers, Employeess agents, a:id any successor or successors to their
<br />Interests i x'the Trust Property harmless from and against any and all losses,
<br />claims, damages, penalties, liabilities, response costs and expenses (including
<br />all out -of- pocket litigation costs and the reasonable fees and expenses of
<br />' counsel) (i) arising out of the inaccuracy, breach or incompletnesa of any
<br />representation, warranty or covenant made by Trustor in this Adi"ta -dum or in any
<br />document executed in writing hereafter, or (ii) arising out of my lawsuit
<br />brought or threatened, settlement reached. or governmental order, relating; to
<br />the presence, disposal, release, or threatened release of any hazardous 6ibstance
<br />or hezardaur, :taste upon the Trust Property, or (iii) arising out of any violation
<br />of any applicable statute or regulation for the protection of the enviro"eint
<br />>.' wb.$ch occurs upon the Trust Property; provided that, to the extent that1kinpficiary
<br />ox'.TiTuatee is stricrty liable under any statute or regig ation, Trustor's .'abligations
<br />` ka" ceder shall li&. vxse be without
<br />regard to fault on tE.e part of Trustor :� vrith
<br />' r4sPect to this violittion of law which results: in liability to Bensfieiary•07.. Trustee.
<br />FURTHER• t1i't, following shall: r.Dnstitute an Event of Default:
<br />Trustor shall fail to properly maintain and preserve the Trust Property, including,
<br />but not 11itited to, the maintenance of the Trust Property free from all hazardous
<br />substances and hazardous waste described in Paragraph (a) of thit Addendum.
<br />IN WiTHISS WHEREOF,,this Warranty and Indemnification Addendum has been duly
<br />executed the day and year first above written.
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<br />_ J s D. all ec�ez y .oIan
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<br />STATE OF NEBRASKA ) Micha ..N n UPDY311 e o an
<br />- 3as.
<br />�- C01LINTY OF HALL
<br />On this 2 day of October . 19 89 . before me, P notary public and for said
<br />i county, personally came James U. Nolan, Beverly E. "°'Michael J. Nolan & Dehbite L.
<br />known to me to be the i ent cs persons w o e orego
<br />gne the ng Addendum add—Nolan
<br />acknovledged the execution thereof to be their voluntary act and deed.
<br />6i11FiESS my hand and notarial Beal on tbi¢ -tj►e day and year last above written.
<br />�t 11�1tr• ME1Mi lists '�� Jf�''..- C•�...,�.;� � �---� � ',`
<br />MIlOtlM! it tqs
<br />IIIrIC61t/fM if. t!n Notary Yublir �u
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