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201302389 HUD), provided such transferee assumes in writing all obligations of Borrower with respect to Prohibited Activities or Conditions: (i) any breach of any representation or warranty of Borrower in this Section 48; (ii) any failure by Borrower to perform or comply with any of its obligations under this Section 48; (iii) the existence or alleged existence of any Prohibited Activity or Condition; (iv) the actual or alleged violation of any Hazardous Materials Law. (I) Counsel selected by Borrower to defend Indemnitees shall be subject to the approval of those Indemnitees. However, any lndemnitee may elect to defend any claim or legal or administrative proceeding at Borrower's expense. (m) Borrower shall not, without the prior written consent of those Indemnitees who are named as parties to a claim or legal or administrative proceeding ( "Claim "), settle or compromise the Claim if the settlement (1) results in the entry of any judgment that does not include as an unconditional term the delivery by the claimant or plaintiff to Lender of a written release of those Indemnitees, satisfactory in form and substance to Lender; or (2) may materially and adversely affect Lender, as determined by Lender in its discretion. (n) Borrower's obligation to indemnify the Indemnitees shall not be limited or impaired by any of the following, or by any failure of Borrower or any guarantor to receive Notice of or consideration for any of the following: Previous editions are obsolete (1) any amendment or modification of any Loan Document; (2) any extensions of time for performance required by any Loan Document; 47 (3) the accuracy or inaccuracy of any representations and warranties made by Borrower under this Security Instrument or any other Loan Document; HUD MF Security Instrument HUD- 94000M (Rev.11/12)