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<br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason'
<br />to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) anY'
<br />Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any tenant of
<br />any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has reason to
<br />believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has
<br />the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any
<br />documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been,
<br />are and will remain in full compliance with any applicable Environmental Law.
<br />
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
<br />tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added
<br />unless Lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm
<br />that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied
<br />with.
<br />
<br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property
<br />and review all records at any reasonable time to determine (1) the existence, location and nature of any
<br />Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any
<br />Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor and
<br />any tenant are in compliance with applicable Environmental Law.
<br />
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
<br />to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval.
<br />
<br />J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at
<br />Grantor's expense.
<br />
<br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor
<br />will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims,
<br />demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including
<br />without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may
<br />sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will
<br />provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights
<br />under this Security Instrument.
<br />
<br />L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this
<br />section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to
<br />Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are
<br />hereby waived.
<br />
<br />16. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or
<br />public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other
<br />means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims.
<br />Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other
<br />taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided
<br />in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust,
<br />security agreement or other lien document.
<br />
<br />17. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
<br />insurance in escrow.
<br />
<br />18. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts,
<br />Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and
<br />Grantor does not agree by signing this Security Instrument to be personally liable on the Secured Debts. If this
<br />Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive
<br />
<br />Ronald L. Follmer
<br />Nebraska Deed OfT rust
<br />NE/4XXSPAITZ00000000000111043092208N
<br />
<br />@1996 Bankers Systems, Inc., St. Cloud, MN ~
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