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202400015 <br />Property. In such an event, Grantor will take all necessary remedial action in accordance <br />with Environmental Law. <br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no <br />knowledge of or reason to believe there is any pending or threatened investigation, claim, or <br />proceeding of any kind relating to (1) any Hazardous Substance located on, under or about <br />the Property; or (2) any violation by Grantor or any tenant of any Environmental Law. <br />Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe <br />there is any such pending or threatened investigation, claim, or proceeding. In such an <br />event, Lender has the right, but not the obligation, to participate in any such proceeding <br />including the right to receive copies of any documents relating to such proceedings. <br />E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every <br />tenant have been, are and will remain in full compliance with any applicable Environmental <br />Law. <br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no <br />underground storage tanks, private dumps or open wells located on or under the Property <br />and no such tank, dump or well will be added unless Lender first consents in writing. <br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the <br />Property, and confirm that all permits, licenses or approvals required by any applicable <br />Environmental Law are obtained and complied with. <br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and <br />inspect the Property and review all records at any reasonable time to determine (1) the <br />existence, location and nature of any Hazardous Substance on, under or about the Property; <br />(2) the existence, location, nature, and magnitude of any Hazardous Substance that has <br />been released on, under or about the Property; or (3) whether or not Grantor and any tenant <br />are in compliance with applicable Environmental Law. <br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a <br />qualified environmental engineer to prepare an environmental audit of the Property and to <br />submit the results of such audit to Lender. The choice of the environmental engineer who <br />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 obligations under <br />this section at Grantor's expense. <br />K. As a consequence of any breach of any representation, warranty or promise made in this <br />section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns <br />harmless from and against all losses, claims, demands, liabilities, damages, cleanup, <br />response and remediation costs, penalties and expenses, including without limitation all <br />costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may <br />sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in <br />return Grantor will provide Lender with collateral of at least equal value to the Property <br />without prejudice to any of Lender's rights under this Security Instrument. <br />L. Notwithstanding any of the language contained in this Security Instrument to the <br />contrary, the terms of this section will survive any foreclosure or satisfaction of this Security <br />Instrument regardless of any passage of title to Lender or any disposition by Lender of any or <br />all of the Property. Any claims and defenses to the contrary are hereby waived. <br />19. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened <br />action by private or public entities to purchase or take any or all of the Property through <br />condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in <br />Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the <br />Cairo Bowl And Lounge, Inc <br />Nebraska Deed Of Trust <br />NE/4WYATTGLE00000000002894037N <br />Wolters Kluwer Financial Services, Inc.©1996, 2023 <br />Bankers Systeme" <br />Initial <br />Page 8 <br />