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2011047��
<br />not paid, imm.ediat�ly, these expenses will bear interest from the date of payment until paid in full at the highest
<br />interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by
<br />the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to
<br />protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against
<br />Grantor.
<br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmentai
<br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA, 42 U.S.C. 9601 et seq.1, 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, wasfie,
<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 writing 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 tf�e Property, except in the ordinary course of business and in strict compliance with aU .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 (11 any Hazardous �k�ta�nc��d �, u�i r a,� u. e r�pe�� or (-� any violation by Grantor or
<br />any tenant of any En �a��nm��ta� aw��° G�n b � �'wil ��' �d'� �y 9 tif ;��der ������i� writing as soon as Grantor
<br />has reason to believe �, ere i� �u�kr' �� or�i�� a�'"'��n ir�� �� ti �t �, cla ��, or roceedin In such an
<br />� ►�Y �P�� J.,� p g�
<br />evenfi Lender has the�: ��_ ' �u =.� ot ��; d�1i � tt�i �'� �� ti � a�� <i �� ��"�s� � -
<br />, ��31��, �� �� � g . �,��;. �.. �,��,�Y C,�i . �tacs�ing including the right
<br />to receive copies of any �ocuments 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 a�e 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 Environmenta( Law.
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qua(ified
<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 />KELLY CONNELLY
<br />Ne6raska Deed Qf Trust Initials
<br />NE/4XXDIANNK00000000000621053062311N Wolters Kluwer Financial Services °1996, 2011 Bankers SystemsT'"
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