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200011158
<br />ENVIRONMENTAL RIDER
<br />THIS ENVIRONMENTAL RIDER is made this /9,"- day of hece.r, 6.6-
<br />2000 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed
<br />of Trust or Security Deed (the `Security Instrument') of the same date given by the undersigned
<br />(the `Borrower') to secure Borrower's note to PINNACLE BANK, PALMER, NE (the `Lender')
<br />of the same date and covering the property described in the Security Instrument.
<br />ADDITIONAL RE#RESENTATIONS AND WARRANTIES. In addition to the
<br />representations and warranties made in the Security Instrument, Borrower further certifies that it
<br />has exercised due diligence to ascertain whether the premises or any site within the vicinity of the
<br />premises is or has been affected by the presence of asbestos, radon, lead, hazardous nuclear
<br />waste, toxic substances, or other pollutants or hazardous wastes or materials that could be a
<br />detriment to the premises or its value. Borrower further certifies that it has exercised due
<br />diligence to ascertain whether the premises or any operation thereon violates any local, state or
<br />federal laws, regulations or standards.
<br />INDEMNIFICATIONS AND HOLD HARMLESS AGREEMENT
<br />Borrower, its successors and assigns and Borrower's guarantors (collectively referred to
<br />in this Paragraph 1 as `Borrower') agree to defend, indemnify and hold harmless Lender,
<br />its directors, officers, employees, agents, contractors, subcontractors, licensees, invitees,
<br />successors and assigns (collectively referred to in this Paragraph 1 as `Lender'), from and
<br />against any and all claims, demands judgments, damages, actions, causes of action,
<br />injuries, administrative orders, consent agreement and orders, liabilities, penalties, costs,
<br />and expenses of any kind whatsoever, including claims arising out of loss of life, injury
<br />to persons, property, or business or damage to natural resources in connection with
<br />activities of Borrower, its predecessors in interest, third parties who have trespassed on
<br />the Premises, or parties in contractual relationship with Borrower, or any of them,
<br />whether or not occasioned wholly or in part by any condition, accident or event caused by
<br />any act or omission of Lender, which:
<br />(a) Arises out of the actual, alleged or threatened discharge, dispersal, release,
<br />storage, treatment, generation, disposal or escape of pollutants or other toxic or
<br />hazardous substances, including any solid, liquid, gaseous or thermal irritant or
<br />contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and
<br />wastes (including materials to be recycled, reconditioned or reclaimed); or
<br />(b) Actually or allegedly arises out of the use, specification, or inclusion of any
<br />product, material or process containing chemicals, the failure to detect the
<br />existence or proportion of chemicals in the soil, air, surface water or ground
<br />water, or the performance of failure to perform the abatement of any pollution
<br />source or the replacement or removal of any soil, water, surface water, or ground
<br />water containing chemicals.
<br />2. The Borrower, its successors and assigns, shall bear, pay and discharge when and as the
<br />same become due and payable, any and all such judgments or claims for damages,
<br />penalties or otherwise against Lender described in Paragraph 1, and shall hold Lender
<br />harmless for those judgments or claims and shall assume the burden and expense of
<br />defending all suits, administrative proceedings, and negotiations of any description with
<br />any and all persons, political subdivisions or government agencies arising out of any of
<br />the occurrences set forth in Paragraph 1.
<br />BV SIGNING BELOW, Borrowezaccep4c and agrees to the terms and covenants contained in
<br />this Environmental Rider.
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