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200112870
<br />placement, storage, location or disposal of any Contaminants, except in strict compliance
<br />with applicable law.
<br />(2) Neither Trustor nor, to the best of Trustor's knowledge and belief, any
<br />other person (including but not limited to prior owners, occupiers and tenants) has ever
<br />caused or permitted any Contaminant to be manufactured, placed, stored, located or
<br />disposed of on, under or at any other real property owned, occupied (under leases or
<br />licenses or otherwise) or operated by Trustor, except in compliance with applicable
<br />Environmental Laws.
<br />(3) No lien has or is currently attached to any revenues or any real or
<br />personal property owned by Trustor (including but not limited to the Property) as a result
<br />of any Governmental Authority expending monies as a result of any alleged Release or
<br />the existence of any Contaminant on or about the Property or a breach of an
<br />Environmental Law.
<br />(4) Neither Trustor nor, to the best of Trustor's knowledge and belief, any
<br />other person (including but not limited to prior owners, occupants and tenants) has
<br />received any notice or advice of any Enforcement Action.
<br />(5) Trustor will keep the Property and any other real property owned,
<br />occupied or operated by Trustor free of any Contaminants and in compliance with
<br />applicable Environmental Laws.
<br />(6) In the event of any material Release of a Contaminant onto the Property
<br />or onto any other property owned, occupied or leased by Trustor or for which Trustor is
<br />otherwise responsible under applicable Environmental Laws, it shall promptly notify
<br />Lender and remediate such Release in accordance with all Environmental Laws of
<br />appropriate governmental entities and authorities having jurisdiction.
<br />23. REMEDIES CUMULATIVE. Each remedy herein provided shall not be exclusive of
<br />any other remedy herein or now or hereafter existing by law, and may be exercised concurrently,
<br />independently or successively in any order whatsoever. Every power or remedy hereby given to Trustor
<br />or to Lender, or to which either of them may be otherwise entitled, may be exercised from time to time
<br />and as often as may be deemed expedient by them, and either of them may pursue inconsistent remedies.
<br />If Lender holds any additional security for any obligation secured hereby, Lender may enforce the sale
<br />thereof, at Lender's option, either before, contemporaneously with, or after the sale is made hereunder,
<br />and on any default of Trustor, Lender may, at its option, offset against any indebtedness owed hereunder
<br />to it by Trustor the whole or any part of any indebtedness owing by it to Trustor, and the Lender is hereby
<br />authorized and empowered at its option, without any further obligation to do, and without affecting the
<br />obligations hereof, to apply towards the payment of any indebtedness secured hereby of the Trustor to the
<br />Lender, any and all sums of money belonging to Trustor which the Lender may have in its possession or
<br />under its control, including, without limiting the generality of the foregoing, any unapplied Funds held by
<br />Lender. No offset by Lender hereunder shall relieve Trustor from paying installments on the obligation
<br />secured hereby as they become due.
<br />24. NOTICE. Except for any notice required under applicable law to be given in another
<br />manner, all notices and other communications required or permitted under this Instrument shall be in
<br />writing and shall be personally delivered or sent by registered or certified mail, return receipt requested,
<br />or sent by overnight courier service, and, if mailed, shall be deemed received on the earlier of the day on
<br />which such notice is actually received by the party to whom it is addressed or the third business day after
<br />deposit in the mail in the continental United States, postage prepaid, addressed to the party to receive such
<br />notice at the address set forth below, and if sent by overnight courier shall be deemed received on the day
<br />on which such notice is actually received by the party to whom it is addressed or the date delivery is
<br />refused, either as indicated in the records of such courier service. Notice of change of address shall be
<br />given by written notice in the manner set forth in this paragraph.
<br />Notice to Trustor shall be
<br />addressed to:
<br />Notice to Lender shall be
<br />addressed to:
<br />Bosselman Family Properties
<br />Attn: Charles D. Bosselman
<br />3123 West Stolley Park Road
<br />Grand Island, Nebraska 68802 -1567
<br />Commercial Federal Bank
<br />Attention: Loan Servicing
<br />740 N.W. Blue Parkway
<br />Lee's Summit, Missouri 64086
<br />
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