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<br />200609472
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<br />bound by, any warranties, guaranties, statements, representations or information
<br />pertaining to the Property or relating thereto (including specifically, without limitation,
<br />Property information packages distributed with respect to the Property) made or
<br />furnished by Grantor, the manager of the Property, or any real estate broker or agent
<br />representing or purporting to represent Grantor, to whomever made or given, directly or
<br />indirectly, orally or in writing. Grantee assumes the risk that Hazardous Substances or
<br />other adverse matters may affect the Property that were not revealed by Grantee's
<br />inspection and indemnifies, holds harmless and hereby waives, releases and
<br />discharges forever Grantor and Grantor's officers, directors, shareholders, employees
<br />and agents (collectively, "Indemnitees") from any and all present or future claims or
<br />demands, and any and all damages, Losses, injuries, liabilities, causes of actions
<br />(including, without limitation, causes of action in tort) costs and expenses (including,
<br />without limitation fines, penalties and judgments, and attorneys' fees) of any and every
<br />kind or character, known or unknown, which Grantee might have asserted or alleged
<br />against Indemnitees arising from or in any way related to the Condition of the Property
<br />or alleged presence, use, storage, generation, manufacture, transport, release, leak,
<br />spill, disposal or other handling of any Hazardous Substances in, on or under the
<br />Property. Losses shall include without limitation (a) the cost of any investigation,
<br />removal, remedial or other response action that is required by any Environmental Law,
<br />that is required by judicial order or by order of or agreement with any governmental
<br />authority, or that is necessary or otherwise is reasonable under the circumstances, (b)
<br />capital expenditures necessary to cause the Grantor remaining property or the
<br />operations or business of the Grantor on its remaining property to be in compliance with
<br />the requirements of any Environmental Law, (c) Losses for injury or death of any
<br />person, and (d) Losses arising under any Environmental Law enacted after transfer.
<br />The rights of Grantor under this section shall be in addition to and not in lieu of any
<br />other rights or remedies to which it may be entitled under this document or otherwise.
<br />This indemnity specifically includes the obligation of Grantee to remove, close,
<br />remediate, reimburse or take other actions requested or required by any governmental
<br />agency concerning any Hazardous Substances on the Property. The term
<br />"Environmental Law" means any federal, state or local statute, regulation, code, rule,
<br />ordinance, order, judgment, decree, injunction or common law pertaining in any way to
<br />the protection of human health or the environment, including without limitation, the
<br />Resource Conservation and Recovery Act, the Comprehensive Environmental
<br />Response, Compensation and Liability Act, the Toxic Substances Control Act, and any
<br />similar or comparable state or local law. The term "Hazardous Substance" means any
<br />hazardous, toxic, radioactive or infectious substance, material or waste as defined,
<br />listed or regulated under any Environmental Law, and includes without limitation
<br />petroleum oil and any of its fractions.
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<br />The covenants and agreements set forth in paragraphs (a) through (e), above, shall be
<br />binding upon Grantee and its heirs, successors and assigns, and shall be covenants
<br />running with the land benefiting Grantor and its heirs, successors and assigns.
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<br />BNSF 04263 Grand Island, NE
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