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<br />Loan No: 479622
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<br />200604263
<br />HAZARDOUS SUBSTANCES AGREEMENT
<br />(Continued) 2 0 '~QlD 3
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<br />Page 3
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<br />Collateral. The word "Collateral" means all of Indemnitor's right, title and interest in and to all the Collateral as described in the Collateral
<br />Description section of this Agreement.
<br />
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99--499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations
<br />adopted pursuant thereto.
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<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are
<br />used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />by-products or any fraction thereof and asbestos.
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<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together with all renewalS of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Indemnitor's obligations or expenses incurred by Lender to
<br />enforce Indemnitor's obligations under this Agreement, together with interest on such amounts as provided in this Agreement.
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<br />Lender. The word "Lender" means American National Bank, its successors and assigns.
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<br />Occupant. The word "Occupant" means individually and collectively all persons or entities occupying or utilizing the Collateral, whether as
<br />owner, tenant, operator or other occupant.
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<br />Property. The word "Property" means all of Indemnitor's right, title and interest in and to all the Property as described in the "Collateral
<br />Description" section of this Agreement.
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<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Agreement.
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<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
<br />agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
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<br />EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT, AND EACH
<br />AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE. THIS
<br />AGREEMENT IS DATED APRIL 7, 2006.
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<br />BORROWER:
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<br />
<br />By:
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<br />By:
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<br />LENDER:
<br />
<br />A~/
<br />X ~~wr
<br />
<br />Authorized Signer
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<br />CORPORATE ACKNOWLEDGMENT
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<br />/'CIe./~ ".~
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<br />
<br />S-~y
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<br />On thiS? r:t:S-. day of ~ ,: I ,20 c!) ~ ,before me, the undersigned Notary Public, personally
<br />appeared Kenneth A, Lancaster, President of Pa t Advisors, Inc.; Karen J. Lancaster, Secretary of Pallet Advisors, Inc., and known to me
<br />to be authorized agents of the corporation that executed the Hazardous Substances Agreement and acknowledged the Agreement to be the free
<br />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
<br />therein mentioned, and on oath stated that they are authorized to ex . reement a . fact executed t greement on behalf of the
<br />corporation. '"
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<br />STATE OF
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<br />)
<br />) SS
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<br />
<br />COUNTY OF
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<br />./ J:ENERAl NOTARY-State of Nebraska
<br />I KEVIN L. SVEC
<br />._~ My Comm. Exp. Feb. 9. 2008
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<br />By / -
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<br />Notary PUblic In and for the State of ~~-...I-'4
<br />Residing at ~4.... .
<br />My commission expires ,~/9 /"b.r
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