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200404616 ENVIRONMENTAL RIDW 2004 - 3959
<br />THIS ENVIRONMENTAL RIDER is made this 3 day of
<br />May, 2004 13
<br />_ and is incorporated into and shall be deemed to amend and
<br />supplement the Mortgage, Deed of Trust or Security Deed ( the "Security Instrument ") of
<br />the same date given by the undersigned (the "Borrower ") to secure Borrower's note
<br />to Pinnacle Bank
<br />(the "Lender ")
<br />of the same date and covering the property described in the Security Instrument.
<br />ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to the repre-
<br />sentations 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
<br />of the premises is or has been affected by the presence of asbestos, radon, lead, hazardous or
<br />nuclear waste, toxic substances, or other pollutants or hazardous wastes or materials that
<br />could be a detriment to the premises or its value. Borrower further certifies that it has
<br />exercised due diligence to ascertain whether the prerises or any operation thereon violates
<br />any local, state or federal laws, regulations or standards.
<br />INDEMNIFICATIONS AND HOLD HARMLESS AGREEMENT
<br />1. Borrower, its successors and assigns and Borrower's guarantors (collectively referred to in
<br />this Paragraph 1 as "Borrower ") agree to defend, indemnify and hold harmless Lender, its
<br />directors, officers, employees, agents, contractors, sub - contractors, licensees, invitees,
<br />successors and assigns (collectively referred to in this Paragraph 1 as "Lender "), from and
<br />against any and all claims, dernands judgerents, darnages, actions, causes of action, injuries,
<br />administrative orders, consent agreement and orders, liabilities, penalties, costs, and
<br />expenses of any kind whatsoever, including clairns arising out of loss of life, injury to
<br />persons, property, or business or darnage to natural resources in connection with activities of
<br />Borrower, its predecessors in interest, third parties who have trespassed on the Premises, or
<br />parties in a contractual relationship with Borrower, or any of them, whether or not
<br />occasioned wholly or in part by any condition, accident or event caused by any act or
<br />omission of Lender, which:
<br />(A) Arises out of the actual, alleged or threatened discharge, dispersal, release, storage,
<br />treatment, generation, disposal or escape of pollutants or other toxic or hazardous
<br />substances, including any solid, liquid, gaseous or thermal irritant or contaminant,
<br />including smoke, vapor, soot, fumes, acids, alkalis, chericals and wastes (including
<br />materials to be recyled, reconditioned or reclaimed); or
<br />(B) Actually or allegedly arises out of the use, specification, or inclusion of any product,
<br />material or process containing chemicals, the failure to detect the existence or proportion
<br />of chemicals in the soil, air, surface water or groundwater, or the performance of failure
<br />to perform the abatement of any pollution source or the replacement or removal of any
<br />soil, water, surface water, or groundwater 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 judgements or claims for damages, penalties
<br />or otherwise against Lender described in Paragraph 1, and shall hold Lender harmless for
<br />those judgements or clairns and shall assurne the burden and expense of defending all suits,
<br />administrative proceedings, and negotiations of any description with any and all persons,
<br />political subdivisions or government agencies arising out of any of the occurrences set forth
<br />in Paragraph 1.
<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
<br />this Environmental Rider.
<br />M' dlfo Service`,�Inc
<br />Roger L. Luebbel President Borrower
<br />(Seal)
<br />Borrower
<br />(Seal)
<br />Borrower
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