|
l~.NVIRONMENTAt RIDE] 200310599
<br />:.�
<br />THIS ENVIRON'A4ENTAL RIDER . As. trade' this 1 1 th day of
<br />August, 2003 T_ and is incorporated into and shall be deemed to amend and
<br />supplement the Mortgage, Deed of Trust or Security .Deed ( the :'Security Instrument ") 'of
<br />the same date given by the -undersigned (the, "Borrower ") , to secure Borrower's note
<br />to Pinnacle Bank ;,. C.entral ICi`ty, Nebraska
<br />(the "Lender ") . .
<br />of the same date and covering the ,property described in'th`e,'SeccYrity Instrument.
<br />ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to the repre-
<br />sentations and warranties made in the. Security - Instruments Borrower further certifies that it
<br />has exercised due diligence to ascertain whether the premises or any site within the vicinity
<br />of the premises is or has been affected. by the, presence of asbestos; radon, lead, hazardous or
<br />nuclear waste, toxic substances, or .other pollutants .or. hazardous wastes or materials that
<br />could be a detriment to the premises-or. its, value.:, Borrower further certifies that It has
<br />exercised due diligence to ascertain- whether -the prerni &es or.any operation' thereon violates
<br />any local, state or federal laws, regulations or standards.,
<br />INDEMNIFICATIONS AND HOLD HARMLESS AGREEMENT
<br />I. Borrower, its successors and,assigns and Borrower's guarantors (collectively referred to in
<br />this Paragraph 1 as "Borrower ") agree to defend, indemnify and hold harmless Lender, its
<br />directors, officers, employees, agents, contractors, sub- contractors, Iicensees, invitees,
<br />successors and assigns (collectively -referred.to-in .this, Paragraph'1 as "Lender "), from and
<br />against any and all claims, demands judgements, damages, actions, causes of action, injuries,
<br />administrative orders, consent agreement ,and orders, liabilities, penalties, costs, and
<br />expenses of any kind whatsoever, including claims arising out of loss of Life, injury to
<br />persons, property, or business or damage to natural resources in connection.with activities of
<br />Borrower, its predecessors in interest, third parties who*;h.ave trespassed on the Premises, or
<br />parties in a contractual relationship: .with, Borrower,;.or any of them, whether '
<br />r not
<br />occasioned wholly or in part by any .condition, accident or event caused by any act or
<br />omission of Lender, which:
<br />(A) Arises out of the actual, alleged' or. threatened discharge, dispersal, release, storage,
<br />treatment, generation, disposal or,,escape of,,pollutants-.or other toxic or hazardous
<br />substances, including any solid,' liquid, gaseous or thermal .irritant or contaminant,
<br />including smoke, vapor, soot, fumes,,,vids, alkalis,=chemicals and wastes (including
<br />materials to be recyled, reconditioned.or reclaitned);,or, .
<br />(B) Actually or allegedly arises ou;t ;of the use, specificatiop,; oK Aclusion of any, product,
<br />material or process containing chemicals, the failure to,detect the existence or proportion
<br />of chemicals in the soil, air, surface water -or groundwater, or the performance of failure
<br />to perform the abatement of any, pollution source or the replacement or-removal of any
<br />soil, water, surface water, or groundwater containing chemicals.,
<br />2. The Borrower, its successors and assigns, shall bear, Pay and discharge when and as the
<br />same become due and payable, any and all such judgements or claims for damages, penalties
<br />or otherwise against Lender described in Paragraph. 1, and shall hold -Lender harmless for
<br />those judgements or claims and shall assume the burden, and expense of defending all suits,
<br />administrative proceedings, and negotiations of any description with any and all persons,
<br />political subdivisions or government agei .icies arising out _of any. of the occurrences set forth .
<br />in Paragraph 1. !
<br />BY SIGNING BELOW, Borrower accepts and agrees to' the .term and ovenants contained. in
<br />this Environmental Rider. �� � ;, � � �:
<br />
|