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<br />RECORDATION REQUESTED BY:
<br />Platte Valley State Bank & Trust Company
<br />2223 Second Avenue
<br />P.O. Box 490
<br />Kearney, NE 68848.0430
<br />WHEN RECORDED MAIL TO:
<br />Platte Valley State Bank & Trust Company
<br />2223 Second Avenue
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<br />P.O. Box 430
<br />Kearney, NE 68848 -0430
<br />SEND TAX NOTICES TO:
<br />Yant Testing Supply & Equipment Co. and Yant Equipment,
<br />Inc.
<br />3733 Arch Ave
<br />U�ans and, NE 68803
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<br />SPACE ABOVE THIS LINE IS FOR RECQRDER'S USE ONLY
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<br />HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY
<br />THIS HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT DATED MARCH 23, 2004, IS
<br />MADE BY Yant Testing Supply & Equipment Co. and Yant Equipment, Inc. (referred to below as "Borrower "),
<br />and Platte Valley State Bank & Trust Company (referred to below as "Lender "). For good and valuable
<br />consideration and to Induce Lender to make a Loan to Borrower, each party executing this Agreement hereby
<br />represents and agrees with Lender as follows:
<br />DEFINITIONS. The following words shall have the following meanings when used in this Agreement. All references to dollar amounts shall mean
<br />amounts in lawful money of the United States of America.
<br />Agreement, The word 'Agreement" means this Hazardous Substances Certificate and Indemnity Agreement, as this Hazardous Substances
<br />and Certificate a Indemnity Agreement may be modified from time to time, together with all exhibits and schedules attached io this Hazardous
<br />Substances Certificate and Indemnity Agreement
<br />Borrower. The word 'Borrower' means individually and collectively Yant Testing Supply & Equipment Co. and Yant Equipment, Inc., its
<br />successors and assigns.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating
<br />to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation,
<br />and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of
<br />1986, Pub. L. No. 99 -499 ('SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation
<br />and Recovery Act, 42 U.S.C. Section 6901, et seq., and other applicable state or federal laws, rules, or regulations adopted pursuant to any of
<br />the foregoing.
<br />Hazardous Substance. The words "Hazardous Substance" are used in their very broadest sense and refer to materials that, because of their
<br />quantity, concentration or physical chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or
<br />the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. "Hazardous
<br />Substances" include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
<br />Environmental Laws. 'Hazardous Substances" also includes, without limitation, petroleum and petroleum by- products or any fraction thereof
<br />and asbestos.
<br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns.
<br />Loan. The word 'Loan" or "Loans" means and includes without limitation any and all commercial loans and financial accommodations from
<br />Lender to Borrower, whether now or hereafter existing, and however evidenced, including without limitation those loans and financial
<br />accommodations described herein or described on any exhibit or schedule attached to this Agreement from time to time.
<br />Occupant. The word 'Occupant' means individually and collectively all persons or entities occupying or utilizing the Property, whether as
<br />owner, tenant, operator or other occupant.
<br />Property. The word "Property" means the following described real property, and all improvements thereon located in Keith County, the State of
<br />Nebraska:
<br />See Attachment A (202 E River, Ogallala,NE) See Attachment B (3733 Arch Ave, Grand Island, NE) See
<br />Attachment C 2309 E 15th Street, Omaha, I1
<br />The Real Property or its address is commonly known as 202 East River, Ogallala, NE 69153.
<br />REPRESENTATIONS. The following representations are made to Lender, subject to disclosures made and accepted by Lender In writing:
<br />Use Of Property. After due inquiry and investigation, Borrower has no knowledge, or reason to believe, that there has been any use,
<br />generation, manufacture, storage, treatment, refinement, transportation, disposal, release, or threatened release of any Hazardous Substance by
<br />any person on, under, or about the Property.
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<br />SPACE ABOVE THIS LINE IS FOR RECQRDER'S USE ONLY
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<br />HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY
<br />THIS HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT DATED MARCH 23, 2004, IS
<br />MADE BY Yant Testing Supply & Equipment Co. and Yant Equipment, Inc. (referred to below as "Borrower "),
<br />and Platte Valley State Bank & Trust Company (referred to below as "Lender "). For good and valuable
<br />consideration and to Induce Lender to make a Loan to Borrower, each party executing this Agreement hereby
<br />represents and agrees with Lender as follows:
<br />DEFINITIONS. The following words shall have the following meanings when used in this Agreement. All references to dollar amounts shall mean
<br />amounts in lawful money of the United States of America.
<br />Agreement, The word 'Agreement" means this Hazardous Substances Certificate and Indemnity Agreement, as this Hazardous Substances
<br />and Certificate a Indemnity Agreement may be modified from time to time, together with all exhibits and schedules attached io this Hazardous
<br />Substances Certificate and Indemnity Agreement
<br />Borrower. The word 'Borrower' means individually and collectively Yant Testing Supply & Equipment Co. and Yant Equipment, Inc., its
<br />successors and assigns.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating
<br />to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation,
<br />and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of
<br />1986, Pub. L. No. 99 -499 ('SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation
<br />and Recovery Act, 42 U.S.C. Section 6901, et seq., and other applicable state or federal laws, rules, or regulations adopted pursuant to any of
<br />the foregoing.
<br />Hazardous Substance. The words "Hazardous Substance" are used in their very broadest sense and refer to materials that, because of their
<br />quantity, concentration or physical chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or
<br />the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. "Hazardous
<br />Substances" include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
<br />Environmental Laws. 'Hazardous Substances" also includes, without limitation, petroleum and petroleum by- products or any fraction thereof
<br />and asbestos.
<br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns.
<br />Loan. The word 'Loan" or "Loans" means and includes without limitation any and all commercial loans and financial accommodations from
<br />Lender to Borrower, whether now or hereafter existing, and however evidenced, including without limitation those loans and financial
<br />accommodations described herein or described on any exhibit or schedule attached to this Agreement from time to time.
<br />Occupant. The word 'Occupant' means individually and collectively all persons or entities occupying or utilizing the Property, whether as
<br />owner, tenant, operator or other occupant.
<br />Property. The word "Property" means the following described real property, and all improvements thereon located in Keith County, the State of
<br />Nebraska:
<br />See Attachment A (202 E River, Ogallala,NE) See Attachment B (3733 Arch Ave, Grand Island, NE) See
<br />Attachment C 2309 E 15th Street, Omaha, I1
<br />The Real Property or its address is commonly known as 202 East River, Ogallala, NE 69153.
<br />REPRESENTATIONS. The following representations are made to Lender, subject to disclosures made and accepted by Lender In writing:
<br />Use Of Property. After due inquiry and investigation, Borrower has no knowledge, or reason to believe, that there has been any use,
<br />generation, manufacture, storage, treatment, refinement, transportation, disposal, release, or threatened release of any Hazardous Substance by
<br />any person on, under, or about the Property.
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