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201302389
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Last modified
3/27/2013 4:30:05 PM
Creation date
3/27/2013 3:24:59 PM
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DEEDS
Inst Number
201302389
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201302389 <br />that Lender shall have no liability whatsoever as a result of delivering the results of <br />any of its Environmental Inspections to any third party, and Borrower hereby releases <br />and forever discharges Lender from any and all claims, damages, or causes of action, <br />arising out of, connected with or incidental to the results of, the delivery of any of <br />Lender's Environmental Inspections. <br />(1) If any investigation, site monitoring, containment, clean -up, restoration or <br />other remedial work ( "Remedial Work ") is necessary to comply with any Hazardous <br />Materials Law that has or acquires jurisdiction over the Mortgaged Property or the use, <br />operation or improvement of the Mortgaged Property under any Hazardous Materials <br />Law, Borrower shall, by the earlier of (1) the applicable deadline required by the <br />Hazardous Materials Law or (2) thirty (30) days after Notice from Lender demanding <br />such action, begin performing the Remedial Work, and thereafter diligently prosecute it <br />to completion, and shall in any event complete the work by the time required by <br />applicable Hazardous Materials Law. If Borrower fails to begin on a timely basis or <br />diligently prosecute any required Remedial Work, Lender may, at its option, cause the <br />Remedial Work to be completed, in which case Borrower shall reimburse Lender on <br />demand for the cost of doing so. So long as the Loan is insured by HUD, no advances <br />made by Lender under this subsection (i) shall become part of the Indebtedness as <br />provided in Section 13 unless such advances receive the prior written approval of HUD <br />and provided further that unless approved by HUD, Lender shall have no obligation to <br />make any such advances. <br />(j) Borrower shall cooperate with any inquiry by any Governmental Authority <br />and shall comply with any governmental or judicial order which arises from any alleged <br />Prohibited Activity or Condition. <br />Previous editions are obsolete <br />46 <br />(k) Borrower shall indemnify [if Borrower is located in a State that requires an <br />indemnification agreement separate and apart from this Security Instrument, Borrower <br />shall provide said indemnification agreement to Lender], hold harmless and defend (1) <br />Lender, (2) any prior owner or holder of the Note, (3) the loan servicer, (4) any prior loan <br />servicer, (5) the officers, directors, shareholders, partners, employees and trustees of <br />any of the foregoing, and (6) the heirs, legal representatives, successors and assigns of <br />each of the foregoing (collectively, "Indemnitees ") from and against all proceedings, <br />claims, damages, penalties and costs (whether initiated or sought by Governmental <br />Authorities or private parties), including fees and out of pocket expenses of attorneys <br />and expert witnesses, investigatory fees, and remediation costs, whether incurred in <br />connection with any judicial (including appellate) or administrative process or otherwise, <br />arising directly or indirectly from any of the following except where the Mortgaged <br />Property became contaminated subsequent to any transfer of ownership which was <br />approved in writing by Lender (and so long as the Loan is insured or held by HUD, by <br />HUD MF Security Instrument HUD- 94000M (Rev.11/12) <br />
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