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202400178
<br />Grantor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous
<br />Substance has been, is, or will be located, transported, manufactured, treated, refined, or
<br />handled by any person on, under or about the Property, except in the ordinary course of
<br />business and in strict compliance with all applicable Environmental Law.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not
<br />and will not cause, contribute to, or permit the release of any Hazardous Substance on the
<br />Property.
<br />C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous
<br />Substance occurs on, under or about the Property or migrates or threatens to migrate from
<br />nearby property; or (2) there is a violation of any Environmental Law concerning the
<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 />Brian M Harrenstein
<br />Nebraska Deed Of Trust
<br />NE/4XDJUNKER00000000003181046010524N Wolters Kluwer Financial Services, Inc.©1996, 2024 Page 7
<br />Bankers Systems."'
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