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<br /> ENVIRONMENTAL RIDER
<br /> THIS ENVIRONMENTAL RIDER is made this 1$`day of December, 1999, and is incorporated into and shall
<br /> be deemed to amend and supplement the Mortgage,Deed of Trust or Security Deed(the"Security InstrumenY')of
<br /> the same date given by the undersigned(the"Borrower")to secure Borrower's note to PINNACLE BANK, 13131
<br /> West Dodge Road,Omaha,Nebraska 68154,(the"Lender")of the same date and covering the properly described in
<br /> the Security Instrument. :
<br /> ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to the representations and warranties
<br /> made in the Security Instrument,Borrower further certifies that it has exercised due diligence to ascertain whether
<br /> the 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,to�cic substances or other pollutants or hazardous wastes or materials that could be
<br /> a 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 contractual 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,tre�tment, :
<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 perfonnance 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 /> Paragi-aph 1,and shall hold Lender 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 govemment 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 AUTO STORES,L.L.C.,A NEBRASKA LIMITED LIABII,ITY CO T
<br /> By: •' By:
<br /> ay atz, mbe onte E. emb r�
<br /> ��By: - By:
<br /> .Matz,Jr.,Member eiry E.Kelley,l�� er
<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 County Records.
<br /> PINNACLE BANK :
<br /> 13131 WEST DODGE ROAD
<br /> OMANA, NEBRASKA 58154
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