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99 110985
<br /> ENVIItONMENTAL RIDER
<br /> THIS ENVIRONMENTAL RIDER is made this 29th day of October, 1999, and is incorporated into and shall be
<br /> deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed(the "Security Instrument")of the
<br /> same date given by the undersigned Cobalt Auto Stores, L.L.C., (the "Borrower")to secure Borrower's note to
<br /> PINNACLE BANK, 13131 West Dodge Road, Omaha, Nebraska 68154, (the "Lender") of the same date and
<br /> covering the property described in the Security Instrument.
<br /> ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to the representations and warranties
<br /> made in the Security Iistrument, Borrower further certifies that it has exercised due diligence to ascertain whether the
<br /> premises or any site within the vicinity of the premises is or has been affected by the presence of asbestos, radon,
<br /> lead, hazardous or nuclear waste, toxic substances or other pollutants or hazardous wastes or materials that could be a
<br /> detriment to the premises or its value. Borrower further certifies that it has exercised due diligence to ascertain
<br /> whether the premises or any operation thereon violates 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 this Paragraph 1
<br /> as "Lender"), from and against any and all claims, demands judgments, damages, actions, causes of action, injuries,
<br /> administrative orders, consent agreement and orders, liabilities, penalties, costs, and expenses of any kind
<br /> whatsoever, including claims arising out of loss of life, injury to persons, property, or business or damage to natural
<br /> resources in connection with activities of Borrower, its predecessors in interest, third parties who have trespassed on
<br /> the Premises, or parties in a contractuai relationship with Borrower, or any of them, whether or not occasioned
<br /> wholly or in part by any condition, accident or event caused by any act or omission of Lender, which:
<br /> (a)Arises out of the actual, alleged or threatened discharge, dispersal, release, storage, treatment,
<br /> generation, disposal or escape of pollutants or other toxic or hazardous substances, including any solid, liquid,
<br /> gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and wastes
<br /> (including materials to be recycled, reconditioned or reclaimed); or
<br /> (b)Actually or allegedly arises out of the use, specification, or inclusion of any product, material or process
<br /> containing chemicals, the failure to detect the existence or proportion of chemicals in the soil, air, surface waster or
<br /> groundwater, or the performance of failure to perform the abatement of any pollution source or the replacement or
<br /> removal of any soil, water, surface water, or groundwater contain chemicals.
<br /> 2. The Borrower, its successors and assigns, shall bear,pay and discharge when and as the same become due
<br /> and payable, any and all such judgments or claims for damages,penalties or otherwise against Lender described in
<br /> Paragraph 1, and shall hold L.ender harmless for those judgments or claims and shall assume the burden and expense
<br /> of defending all suits, 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 in Paragraph 1.
<br /> BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Environmental
<br /> Rider.
<br /> COBALT T STO S, L.L. .
<br /> y: __..._. By: �/1. �
<br /> on� J . z, b
<br /> By: L��� By:
<br /> Jer . Kelley Mo e E. Matz, Jr., Member
<br /> Legal Description:
<br /> Lot 2, Fonner Fourth Subdivision in the City of Grand Island, Hall County, Nebraska; together with non-exclusive
<br /> easement rights contained in Declaration of Easement dated August 12, 1998, filed August 31, 1998 as Instrument
<br /> No. 98-108530, Hall Counry Records.
<br /> ��.;��n�o;
<br /> PINNACLE BANK
<br /> 13131 WEST DODGE ROAD
<br /> OMAHA, NESRASKA FR'�4 �
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