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I 03 -23 -2004 HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY Page 3 Loan No (Continued) cannot be so modified, It shall be stricken and all other provisions of this Agreement In all other respects shall remain valid andl enforceable. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver Is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right 'or any other right. A waiver by any party of a provision of this Agreement shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, shall constitute a waiver of any of Lenders rights or any of Borrower's obligations as to any future transactions. Whenever consent by Lender is required In this Agreement, the granting of such consent by Lander in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Borrower hereby waives notice of acceptance of this Agreement by Lender. Q EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT, AND EACH AGREES O TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE. Alb INDEMNITOR: Q es " g Suppty Equip t Yant Equipment, Inc. uthorfzed Officer IUied 0 lcw Q LENDER: Platte Valley Stata B k & Trust Com any- By :' Authorized�tficer CORPORATE ACKNOWLEDGMENT STATE OF �P h _ -_ GENERAL NOTARY - State of Nebraska ss CLAUDIA GAYE COUNTY OF ) My Comm. F-v.' I On this 7 day of �r "6r� ,1�_ 20-04- before me, the undersigned Notary Public, personally appeared 11`w1%.VAU nF Alt �f Wrta V/A,vla wrrre►/ � - -?' wirl "C"-Q/ a��''� of Yant Testing Supply & Equipment Co. and Yant Equipment, Inc., and known to me to be authorized agent(s) of the corporation that executed the Hazardous Substances Certificate and Indemnity Agreement and acknowledged the Agreement to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute this Agreement and in fact executed the Agreement on behalf of the corporation. f� BY�d b S /ing 0 df/Ib Notary Public in an or the State of qIq Residing at My commission expires LENDER ACKNOWLEDGMENT STATE OF ) SS COUNTY OF 1 On this day of 20J before me, the undersigned Notary Public, persgnally appeared and known to me to be the, authorized agent for the Lender that executed the within and foregoing instrument and acknowledged said instrumer to be the free and voluntary act and deed of the said Lender, duly authorized by t,16 Lender through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said instrument and that the seal affixed is the corporate seal of said Lender. BY Notary Public in and for the State of Residing at My commission expires LASER PRO, Reg U.S. Pat & T.M. Off., Ver. 3294 CC) Comwkez 2004 All right, Mawed, INE�G210 0.29 F3.29 VANTE01