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Section 1.7 200204303
<br />Hazardous Substances. The Mortgagor represents, warrants, and covenants that the
<br />property has not been used or involved, and will not be used or involved, in the release, handling,
<br />storage, or disposal of Hazardous Substances. For purposes of this Mortgage, "Hazardous
<br />Substances" means (1) hazardous waste, toxic substances, polychlorinated biphenyls, asbestos or
<br />related materials, petroleum, including crude oil or any fraction thereof, natural gas, natural gas
<br />liquids, liquefied natural gas, synthetic gas usable for fuel or mixtures thereof, (ii) substances
<br />defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental
<br />Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.,
<br />Hazardous Materials Transportation Act, 42 U.S.C. Sec. 6901, et seq., Toxic Substances Control
<br />Act (15 U.S.C. Section 2601 et seq.); and (iii) any other hazardous substance, hazardous waste,
<br />pollutant, contaminant, or toxic substance the release, handling, storage, or disposal of which is
<br />regulated or governed by any law, regulation, code, or ordinance now existing or hereafter
<br />enacted or amended.
<br />Section 1.8
<br />The loan secured hereby has been made pursuant to a commitment letter from Mortgagee
<br />to Mortgagor dated November 1, 2000 (hereinafter referred to as "Commitment "). The terms of
<br />the Commitment have survived the closing of said loan, and the terms of the Commitment are
<br />hereby incorporated by reference and made a part hereof, to the extent not directly inconsistent
<br />herewith, and to the same extent as if fully set forth herein. Any default by Mortgagor under the
<br />terms of the Commitment shall be an event of default hereunder.
<br />Section 1.9
<br />If, without the prior written consent of the Mortgagee, any of the following shall occur:
<br />A. If Mortgagor shall create, effect, contract, commit to or consent to or shall suffer or permit
<br />any conveyance, sale, assignment, transfer, liens, pledge, mortgage, security interest or
<br />other encumbrance or alienation of the mortgaged property or part thereof, or interest
<br />therein; or
<br />B. If there shall be any change in control (by way of transfer or shares, partnership interest or
<br />otherwise) in any entity which directly or indirectly controls the entity described as ST.
<br />PAUL'S LUTHERAN CHURCH; or
<br />C. If Mortgagor enters into any merger negotiations with another congregation; or
<br />D. If Mortgagor ceases to use the current worship facility known as St. Paul's Lutheran
<br />Church located at 1515 S Harrison, Grand Island, Nebraska 68803 -6358 as its primary
<br />worship facility; or
<br />E. If the Mortgagor changes its corporate name; or
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