|
0'2106164
<br />(a) the relationship of the purchase price to the value of the Premises if uncontaminated
<br />when acquired,
<br />(b) commonly known or ascertainable information about the Premises, and
<br />(c) the obviousness of the presence, or likely presence, of contamination.
<br />That Trustor warrants and represents to Trustee that:
<br />(a) none of the real property owned and/or occupied by Trustor, including the Premises, has
<br />ever been used to treat, store, produce, handle, transfer, process, transport, dispose or
<br />otherwise release hazardous substances and/or any other substances regulated or
<br />controlled by the Environmental Laws or which would result in any liability therefor;
<br />(b) there is no pollution or danger of pollution resulting from a condition which exists on the
<br />Premises which requires any corrective action under the Environmental Laws or which
<br />would result in any liability therefor;
<br />(c) no notification has been filed with regard to a release of hazardous substances on, into,
<br />onto or from the Premises under the Environmental Laws;
<br />(d) neither Trustor nor any prior owner or occupier of the Premises have received a
<br />summons, citation, Notice of Violation, Administrative Order, directive, letter or other
<br />communication, written or oral, from any governmental or quasi -governmental authority
<br />concerning any releases of or contaminations caused by hazardous substances or
<br />violation or alleged violation of any Environmental Laws;
<br />(e) there are no underground storage tanks, visible asbestos, asbestos -containing materials,
<br />PCB's or UFFI located on, in, under or about the Premises;
<br />(f) there have been no releases at, upon, under or within, and no past or ongoing migration
<br />from neighboring lands to the Premises of any hazardous substances;
<br />(g) there is no radon gas infiltrating the Buildings in excess of current state and federal
<br />guidelines; and
<br />(h) all warranties and representations given by Trustor, or any other party, are true, complete
<br />and correct as of the date hereof.
<br />That Trustor agrees that any materials or other items found in, on, under or around the Premises
<br />which qualify as hazardous substances, or any otherwise deemed unacceptable by the Trustee, in its sole
<br />discretion shall be immediately removed from the Premises, at Trustor's sole cost and expense, in
<br />compliance with all applicable Environmental Law.
<br />That Trustor shall, in addition to those notifications required elsewhere in this Trust Deed, notify
<br />Trustee of:
<br />(a) the presence of any visible asbestos or asbestos -containing materials, PCB's (except as
<br />shown on the Environmental Certificate), radon gas beyond acceptable limits, or urea
<br />formaldehyde foam insulation at, in, on, under, onto or from the Premises, and
<br />(b) the receipt by Trustor of any notice or other communication from any governmental
<br />entity or authority or from any tenants or other occupant or from any other person or
<br />source with respect to any alleged or actual release, contamination or other event
<br />involving a hazardous substance on, in, under, onto, or from the Premises, and
<br />(c) shall promptly send Trustee copies of all results of tests of underground storage tanks at
<br />the Premises.
<br />13. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br />by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the
<br />county or counties in which the Property is located and by otherwise complying with the provisions of the
<br />applicable laws of the state of Nebraska, substitute a successor or successors to the Trustee named herein
<br />or acting hereunder.
<br />14. INSPECTIONS. Beneficiary, or its agents, representatives, or employees, are
<br />authorized to enter at any reasonable time and in accordance with the terms of existing leases and the
<br />
|