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<br />200902870
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<br />filed will not constitute a waiver of lender's right to require full and complete cure of any existing default. By
<br />not exercising any remedy, lender does not waive lender's right to later consider the event a default if it
<br />continues or happens again.
<br />
<br />15. COllECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br />Grantor agrees to pay all expenses of collection, enforcement or protection of lender's rights and remedies
<br />under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay
<br />expenses for lender to inspect and preserve the Property and for any recordation costs of releasing the
<br />Property from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs
<br />and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these
<br />expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as
<br />provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States
<br />Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by lender to protect lender's
<br />rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor.
<br />
<br />16. ENVIRONMENTAL lAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental
<br />law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERClA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders,
<br />attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a
<br />hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste,
<br />pollutant or contaminant which has characteristics which render the substance dangerous or potentially
<br />dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any
<br />substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or
<br />"regulated substance" under any Environmental law.
<br />Grantor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in wrltmg to lender, no Hazardous Substance has
<br />been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under
<br />or about the Property, except in the ordinary course of business and in strict compliance with all applicable
<br />Environmental law.
<br />B. Except as previously disclosed and acknowledged in writing to lender, Grantor has not and will not
<br />cause, contribute to, or permit the release of any Hazardous Substance on the Property.
<br />C. Grantor will immediately notify lender if (1) a release or threatened release of Hazardous Substance
<br />occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2)
<br />there is a violation of any Environmental law concerning the Property. In such an event, Grantor will take all
<br />necessary remedial action in accordance with Environmental law.
<br />D. Except as previously disclosed and acknowledged in writing to lender, Grantor has no knowledge of or
<br />reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating
<br />to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or
<br />any tenant of any Environmental law. Grantor will immediately notify lender in writing as soon as Grantor
<br />has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an
<br />event, lender has the right, but not the obligation, to participate in any such proceeding including the right
<br />to receive copies of any documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to lender, Grantor and every tenant have
<br />been, are and will remain in full compliance with any applicable Environmental law.
<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
<br />added unless lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and
<br />confirm that all permits, licenses or approvals required by any applicable Environmental law are obtained
<br />and complied with.
<br />H. Grantor will permit, or cause any tenant to permit, lender or lender's agent to enter and inspect the
<br />Property and review all records at any reasonable time to determine (1) the existence, location and nature of
<br />any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and
<br />magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3)
<br />whether or not Grantor and any tenant are in compliance with applicable Environmental law.
<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
<br />audit to lender. The choice of the environmental engineer who will perform such audit is subject to
<br />lender's approval.
<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 />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1)
<br />Grantor will indemnify and hold lender and lender's successors or assigns harmless from and against all
<br />losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and
<br />expenses, including without limitation all costs of litigation and attorneys' fees, which lender and lender's
<br />successors or assigns may sustain; and (2) at lender's discretion, lender may release this Security
<br />Instrument and in return Grantor will provide lender with collateral of at least equal value to the Property
<br />without prejudice to any of lender's rights under this Security Instrument.
<br />L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of
<br />this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage
<br />
<br />C & I CATTLE COMPANY
<br />Nebraska Deed Of Trust
<br />
<br />NE/4AMQSEMAN00000000000111047041409N
<br />
<br />~1996 Bankars Systems, Inc., St. Cloud, MN ~
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