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200400096
<br />include, but are not limited to, attorneys' fees, court costs and other legal
<br />expenses. These expenses are due and payable immediately. If not paid immediately,
<br />these expenses will bear interest from the date of payment until paid in full at the
<br />highest interest rate in effect as provided for in the terms of the Secured Debts. To
<br />the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the
<br />reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by
<br />any court exercising jurisdiction under the Bankruptcy Code.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br />Environmental Law means, without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act (CERCLA) , all other federal, state and local laws,
<br />regulations, ordinances, court orders, attorney general opinions or interpretive
<br />letters concerning the public health, safety, welfare, environment or a hazardous
<br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous
<br />material, waste, pollutant or contaminant which has characteristics which render the
<br />substance dangerous or potentially dangerous to the public health, safety, welfare or
<br />environment. The term includes, without limitation, any substances defined as
<br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or
<br />"regulated substance" under any Environmental Law.
<br />Grantor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Lender, no
<br />Hazardous Substance has been, is, or will be located, transported, manufactured,
<br />treated, refined, or handled by any person on, under or about the Property, except
<br />in the ordinary course of business and in strict compliance with all applicable
<br />Environmental Law.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor
<br />has not and will not cause, contribute to, or permit the release of any Hazardous
<br />Substance on the Property.
<br />C. Grantor will immediately notify Lender if (1) a release or threatened release of
<br />Hazardous Substance occurs on, under or about the Property or migrates or threatens
<br />to migrate from nearby property; or (2) there is a violation of any Environmental
<br />Law concerning the Property. In such an event, Grantor will take all necessary
<br />remedial action in accordance with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor
<br />has no knowledge of or reason to believe there is any pending or threatened
<br />investigation, claim, or proceeding of any kind relating to (1) any Hazardous
<br />Substance located on, under or about the Property; or (2) any violation by Grantor
<br />or any tenant of any Environmental Law. Grantor will immediately notify Lender in
<br />writing as soon as Grantor has reason to believe there is any such pending or
<br />threatened investigation, claim, or proceeding. In such an event, Lender has the
<br />right, but not the obligation, to participate in any such proceeding including the
<br />right to receive copies of any documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Grantor
<br />and every tenant have been, are and will remain in full compliance with any
<br />applicable Environmental Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are
<br />no underground storage tanks, private dumps or open wells located on or under the
<br />Property and no such tank, dump or well will be added unless Lender first consents
<br />in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and
<br />operations on the Property, and confirm that all permits, licenses or approvals
<br />required by any applicable Environmental Law are obtained and complied with.
<br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to
<br />enter and inspect the Property and review all records at any reasonable time to
<br />determine (1) the existence, location and nature of any Hazardous Substance on,
<br />under or about the Property; (2) the existence, location, nature, and magnitude of
<br />any Hazardous Substance that has been released on, under or about the Property; or
<br />(3) whether or not Grantor and any tenant are in compliance with applicable
<br />Environmental Law.
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to
<br />engage a qualified environmental engineer to prepare an environmental audit of the
<br />Property and to submit the results of such audit to Lender. The choice of the
<br />environmental engineer who will perform such audit is subject to Lender's approval.
<br />J. Lender has the right, but not the obligation, to perform any of Grantor's
<br />obligations under this section at Grantor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made
<br />in this section, (1) Grantor will indemnify and hold Lender and Lender's successors
<br />or assigns harmless from and against all losses, claims, demands, liabilities,
<br />damages, cleanup, response and remediation costs, penalties and expenses, including
<br />without limitation all costs of litigation and attorneys' fees, which Lender and
<br />Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender
<br />may release this Security Instrument and in return Grantor will provide Lender with
<br />collateral of at least equal value to the Property secured by this Security
<br />Instrument without prejudice to any of Lender's rights under this Security
<br />Instrument.
<br />RMA Investments, LLC
<br />Nebraska Deed Of Trust
<br />Ini
<br />NE/ 4XX25094400704400004160046112003Y -1996 Bankers Systems, Inc., St. Cloud, MN C Pages I.
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