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<br />WHEN RECORDED MAIL TO:
<br />American National Bank
<br />Gretna Branch
<br />20635 Highway 370
<br />
<br />~_ roG,""bVi' .802'
<br />---rr HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT
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<br />FOR RECORDER'S USE ONLY
<br />
<br />THIS HAZARDOUS SUBSTANCES AGREEMENT dated March 27. 2007. is made and executed among Pallet
<br />Advisors. Inc., whose address is PO Box 3585, Omaha. NE 68103 (sometimes referred to below as "Grantor"
<br />and sometimes as "Indemnitor"); Karen J. lancaster. whose address is 3604 Buccaneer Blvd. Plattsmouth. NE
<br />68048 (sometimes referred to below as "Guarantor" and sometimes as "Indemnitor"); and American National
<br />Bank. Gretna Branch, 20635 Highway 370. Gretna, NE 68028 (referred to below as "lender"). For good and
<br />valuable consideration and to induce lender to make a loan to Borrower, each party executing this Agreement
<br />hereby represents and agrees with lender as follows:
<br />PROPERTY DESCRIPTION. The word "Property" as used in this Agreement means the following Real Property located in Hall County,
<br />State of Nebraska:
<br />
<br />Lot Two (2), Fairacres Dairy Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 427 Shady Bend Road, Grand Island, NE 68801.
<br />
<br />REPRESENTATIONS. The following representations are made to Lender, subject to disclosures made end accepted by Lender in writing:
<br />
<br />Use of Property. After due Inquiry and investigation, Indemnitor has no knowledge, or reason to believe, that there has been any use,
<br />generation, manufacture, storage, treatment, refinement, transportation, disposal, release, or threatened release of any Hazardous
<br />Substances by any person on, under, or about the Property.
<br />
<br />Hazardous Substances. After due inquiry and investigation, Indemnitor has no knowledge, or reason to believe, that the Property,
<br />whenever and whether owned by previous Occupants, has ever contained asbestos, PCBs, lead paints or other Hazardous
<br />Substances, whether used in construction or stored on the Property.
<br />
<br />No Notices. Indemnitor has received no summons, citation, directive, letter or other communication, written or oral, from any agency
<br />or department of any county or state or the U.S. Government concerning any intentional or unintentional action or omission on, under,
<br />or about the Property which has resulted in the releasing, spilling. leaking, pumping, pouring, emitting, emptying or dumping of
<br />Hazardous Substances into any waters, ambient air or onto any lands or where damage may have resulted to the lands, waters, fish,
<br />shellfish, wildlife, biota, air or other natural resources.
<br />
<br />AFFIRMATIVE COVENANTS. Subject to disclosures made and accepted by Lender in writing, Indemnitor covenants with Lender as
<br />follows:
<br />
<br />Use of Property. Indemnitor will not use and does not intend to use the Property to generate, manufacture, refine, transport, treat,
<br />store, handle or dispose of any Hazardous Substances, PCBs, lead paint or asbestos. '
<br />
<br />Compliance with Environmental Laws. Indemnitor shall cause the Property and the operations conducted on it to comply with any and
<br />all Environmental Laws and orders of any governmental authorities having jurisdiction under any Environmental Laws and shall obtain,
<br />keep in effect and comply with all governmental permits and authorizations required by Environmental Laws with respect to such
<br />Property or operations. Indemnitor shall furnish Lender with copies of all such permits and authorizations and any amendments or
<br />renewals of them and shall notify Lender of any expiration or revocation of such permits or authorizations.
<br />
<br />Preventive, Investigetory and Remedial Action. Indemnitor shall exercise extreme care in handling Hazardous Substances if Indemnitor
<br />uses or encounters any, Indemnitor, at Indemnitor's expense, shall undertake any and all preventive, investigatory or remedial action
<br />(including emergency response, removal. containment and other remedial action) (a) required by any applicable Environmental Laws or
<br />orders by any governmerltal authority having jurisdiction under Environmental Laws, or (b) necessary to prevent or minimize property
<br />damage (including damage to Occupant's own property), personal injury or damag'e to the environment, or the threat of any such
<br />damage or injury, by releases of or exposure to Hazardous Substances in connection with the Property or operations of any Occupant
<br />on the Property. lIT the event Indemnitor fails to perform any of Indemnitor's obligations under this section of the Agreement, Lender
<br />may (but shall not be required tol perform such obligations at Indemnitor's expense. All such costs and expenses incurred by Lender
<br />under this section and otherwise under this Agreement shall be reimbursed by Indemnitor to Lender upon demand with interest at the
<br />Note default rate, or in the absence of a default rate, at the Note interest rate. Lender and Indemnitor intend that Lender shall have
<br />full recourse to Indemnitor for any sum at any time due to Lender under this Agreement, In performing any such obligations of
<br />Indemnitor, Lender shall at all times be deemed to be the agent of Indemnitor and shall not by reason of such performance bs dsemed
<br />to be assuming any responsibility of Indemnitor under any Environmental Law or to any third party. Indemnitor hereby irrevocably
<br />appoints Lender as Indemnitor's attorney-in-fact with full power to perform such of Indemnitor's obligations under this section of the
<br />Agreement as Lender deems necessary and appropriate.
<br />
<br />Notices, Indemnitor shall immediately notify Lender upon becoming aware of any of the following:
<br />
<br />(1) Any spill, release or disposal of a Hiilzardous Substance on any of the Property, or in connection with any of its operations if
<br />such spill, release or disposal must be reported to any governmental authority under applicable Environmental Laws.
<br />
<br />(2) Any contamination, or imminent threat of contamination, of the Property by Hazardous Substances, or any violation of
<br />Environmental Laws in connection with the Property or the operations conducted on the Property.
<br />
<br />(3) Any order, notice of violation, fine or penalty or other similar action by any governmental authority relating to Hazardous
<br />Substances or Environmental Laws and the Property or the operations conducted on the Property,
<br />
<br />(4) Any judicial or administrative investigation or proceeding relating to Hazardous Substances or Environmental Laws and to the
<br />Property or the operations conducted on the Property.
<br />
<br />(5) Any matters relating to Hazardous Substances or Environmental Laws that would give a reasonably prudent Lender cause to
<br />be concerned that the value of Lender's security interest in the Property may be reduced or threatened or that may impair, or
<br />threaten to impllir, Indemnitor's ability to perform any of Its obligations under this Agreement when such performance is due.
<br />
<br />Access to Records. Indemnitor shall deliver to Lender, at Lender's request. copies Of any and all documents in Indemnitor's
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