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<br />Subsidiary, any party who consents to this Instrument and any party who now or hereafter
<br />acquires a security interest in the Property and who has actual or constructive notice hereof
<br />hereby waives any and all right to require the marshalling of assets in connection with the
<br />exercise of any of the remedies permitted by applicable law or provided herein.
<br />20. HAZARDOUS WASTE/COMPLIANCE WITH ENVIRONMENTAL LAW.
<br />Subsidiary covenants and agrees that:
<br />(a) it shall conduct and maintain its business, operations and the Property so
<br />as to comply in all material respects with all applicable Environmental Laws, including obtaining
<br />all necessary licenses, permits, consents and approvals required to own or operate the Property
<br />and the business carried out on, at or from the Property. As used in this Section 20,
<br />"Environmental Laws" means the common law and all applicable federal, state, provincial, local,
<br />municipal, governmental or quasi-governmental laws, rules, statutes, regulations, ordinances,
<br />licenses, orders, permits, decisions or requirements concerning Contaminants, hazardous
<br />substances or materials, occupational or public health and safety or the environment and any
<br />other order, injunction, judgment, declaration, notice or demand issued thereunder.
<br />"Contaminant" or "hazardous waste or materials" means any solid, liquid, gas, odor, heat, sound,
<br />smoke, waste, vibration, radiation or combination of any of them resulting directly or indirectly
<br />from human activities that may cause: (i) impairment of the quality of the natural environment
<br />for any use that can be made of it, (ii) injury or damage to property or to plant or animal life,
<br />(iii) harm or material discomfort to any person, (iv) an adverse affect on the health of any person,
<br />(v) impairment of the safety of any person, (vi) rendering any property or plant or animal life
<br />unfit for use by man, (vii) lass of enjoyment of normal use of property, or (viii) interference with
<br />the normal conduct of business, and includes any pollutant, contaminant, hazardous or toxic
<br />wastes, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar
<br />term as defined in any applicable Environmental Laws and any biological, chemical or physical
<br />agent which is regulated, prohibited, restricted or controlled;
<br />(b) except as specifically permitted by Master Collateral Agent in writing or
<br />in the operation and maintenance of the Property in accordance with applicable laws and
<br />regulations, Subsidiary shall not permit or suffer to exist, Contaminants or hazardous waste or
<br />materials or dangerous or potentially dangerous conditions in, an or below the Property
<br />including, without limitation, any polychlorinated biphenyls, radio-active substances,
<br />underground storage tanks, asbestos or urea formaldehyde foam insulation;
<br />(c) except as stated in Exhibit C attached hereto, Subsidiary has no knowledge
<br />of the existence of Contaminants, hazardous substances or materials or dangerous or potentially
<br />dangerous conditions at, on or under the Property or any properties in the vicinity of the Property
<br />which could affect the Property or the market value thereof;
<br />(d) it has not given or received, nor does it have an obligation to give, any
<br />notice, claim, communication or information regarding any past, present, planned or threatened
<br />treatment, storage, disposal, presence, release or spill of any Contaminant or hazardous
<br />substances or materials at, on, under or from the Property or any property in the vicinity of the
<br />13
<br />(Grand Island, Hall County, Nebraska)
<br />10476803.5
<br />14451-2246
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