|
<br />ENVITlONrvlENTAL RIDER
<br />
<br />200608445
<br />
<br />THIS ENVIRONMENTAL RIDER is rnacle this _~----~~~--- day of
<br />
<br />~~pteml)_<:~_}OO~.._._ and is incorporated into ilnd shall 'be deemed to amend and
<br />supplement the Mortgage, Deed of Tnlst or Security Deed (the "Security Instrument") of
<br />the same date given by the undersigned (the "Borrower") to secure Borrower's note
<br />
<br />to __.Pinnae} e Ba~~__"_~---,-------"_"__,,_, '-""-~---.~---.-.-----'-,,---.---..-
<br />
<br />______,_____________________.__~"__.__-~~----~--~'- (the "Lender")
<br />of the same date and covering the property described in the Semrity InstrumenL
<br />
<br />ADDITIONAL HEl'RTISENTATIONS AND WARHANTIUS. 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 bet'n affected by the presence of asbestos, radon, leact hrlzarclous or
<br />nuclear waste, toxic substances, or other pollutants or hazard.ous wastes or Il18terials 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 0\' any operation thereon violates
<br />any local, state or federal laws, regulations or standards.
<br />
<br />INDErvlNIFICATJONS AND HOLD HAIUvlLESS AGREEMENT
<br />
<br />I, Borrower, its successors and assigns and Borrower's guarantors (collectively referred to in
<br />this Paragraph 1 as "Borrower") agree to d[~fenct indemnify and hold harmless Lender/ its
<br />directors, officers, employees, <\gents, 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 c1ailT\s, dem<lnds judgements, damages, actions, crluses of action, injuries,
<br />adn,inistri:\tive orders, consent agreement <lrHi 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 />Borrower, its predecessors in interest, third pmties who have trespassed on thel-'remises, or
<br />pnrties in a contractual relatlonship 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, dispersat release, storage,
<br />treatment, generation, disposal or escape of pollutapts or other toxic or hazardous
<br />substances, including any solid, liquid, gaseous or thermal irritanl or contaminal\t,
<br />including smoke, vapor, soot, fumes, acids, alkalis, chemicals and wastes (including
<br />materials to be recylect reconclitioned or reclaimed); or
<br />
<br />(B) Actually or allegedly arises oul 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 soll, C1ir, surface water or grnund water, or the performance of failure
<br />to perfoml the abatement of any pollution source or the replClcement or removal of any
<br />soil, water, surface watec or groUndwater containing chemicals.
<br />
<br />, ~ .
<br />
<br />2. The Borrower, its S1JCCeS50rs and assigns," ohal! bear, pay and discharge when and as the
<br />same become due and payable, any and all such judgements or claims for dam<lges, penalties
<br />or othenvise against Lender described in Paragraph I, and sh8ll hold Lender harmless for
<br />those judgements or claims and shrll\ assume the burden ,md expense of defending all suits,
<br />rldministrrltive proceedings, Clnd negotiE\tions of any description with any and all persons,
<br />political sul:ldivisions or government agenc,ies arising out of any of the occurrences set forth
<br />in Paragraph I,
<br />
<br />BY SIGNING BELOW/ Borrower accepts and agrees to the terms aildcovenants contained in
<br />this Environmental P.ider. /V~iri~ Vi:~~l~.~~~~ U,C\, a ~ebraSka Limited Liability Ccmpan~
<br />
<br />y . __' ~ _ ___ (Seal)
<br />:LUton n(l,' gistered,~nt and "Member Borrower
<br />
<br />
<br />________ (Sei.'i1)
<br />~l_ ,ii, Borrower
<br />
<br />mDe~"~-~-.~u.~~'"--"'"-i~) rr~~~~l;
<br />
<br />I, ~
<br />
<br />r"
<br />
|