|
<br />ENVIRONMENTAL RIDER
<br />
<br />200603946
<br />
<br />THIS ENVIRONMENTAL RIDER is made this
<br />
<br />26th
<br />
<br />day of
<br />
<br />APRIL, 2006 and is incorporated into and shall be deemed to amend and
<br />supplemenl the Mortgage, Deed of Tmst or Security Deed ( the "Security Instrument") of
<br />the same date given by the undersigned (the "Borrower") to secure Borrower's note
<br />
<br />,
<br />to BINNACLE BANK
<br />
<br />(the "Lender")
<br />of the same date and covering the property described in the Security Instrument.
<br />
<br />ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to the repre-
<br />sentations and warranties made in the Security Instrument, 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 asbeslos, 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 premises or any operation thereon violates
<br />any locat slate or federal laws, regulations or standards.
<br />
<br />INDEMNIFICATIONS AND HOLD HARMLESS AGREEMENT
<br />
<br />1. Borrower, ils 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, licensees, 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 naturql resources in connection with activities of
<br />13orrower, its predecessors in interesL third parties who have trespassed on the Premises, or
<br />parties in a contractual relationship with Borrower, or any of them, whether or not
<br />occasioned wholly or in part by any condition, accident or event caused by any act or
<br />omission of Lender, which:
<br />
<br />(A) Arises out of the actual, alleged or threatened discharge, dispersal, release, storage,
<br />treatment, generation, disposal or escape of pollutarts or other toxic or hazardous
<br />substances, including any solid, liquid, gaseous or thermal irritant or contaminant,
<br />including smoke, vapor, soot, fumes, acids, alkalis, chemicals and wastes (including
<br />materials to be recylect reconditioned or reclaimed); or
<br />
<br />(B) Actually or allegedly arises out of the use, specification, or inclusion of any product,
<br />material or process containing chemicals, the failure to detect the existence or proportion
<br />of chemicals in the soit air, surface water or groundWater, or the performance of failure
<br />to perfonn the abatement of any pollution source or the replacement or removal of any
<br />soit walee surface water, or groundwater containing chemicals.
<br />
<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 sllch judgements or claims for damages, penalties
<br />or otherwise against Lender described in Paragraph I, 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 agencies arising out of any of the OCCLlrrences set forth
<br />in Paragraph 1.
<br />
<br />BY SIGNING BELOW, Borrower acc~ptsand
<br />this Environmental Rider.
<br />
<br />s
<br />
<br />
<br />in
<br />
<br />'.v/
<br />
<br />Seal)
<br />HANNON E. Borrower
<br />IQ/14/05, MEMBER MELDOR,
<br />-I-AB-lU'I'Y-C0MPAN'j .
<br />
<br />:1.
<br />
<br />,.
<br />
|