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201302395
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3/27/2013 4:41:58 PM
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3/27/2013 3:39:28 PM
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201302395
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201 3!!230 <br />e completion of the improv ng <br />inal advance as provided in the 43uildi Loan Agreement. <br />48. ENVIRONMENTAL HAZARDS. <br />(a) Definitions: <br />sattstaetron of L ler and the ma mg of the <br />(1) "Hazardous Materials" means petroleum and petroleum products <br />and compounds containing them, including gasoline, diesel fuel and oil; explosives; <br />flammable materials; radioactive materials; polychlorinated biphenyls ( "PCBs ") and <br />compounds containing them; lead and lead -based paint; asbestos or <br />asbestos- containing materials in any form that is or could become friable; <br />underground or above - ground storage tanks, whether empty or containing any <br />substance; any substance the presence of which on the Mortgaged Property is <br />prohibited by any Governmental Authority; any substance that requires special <br />handling; and any other material or substance now or in the future defined as a <br />"hazardous substance," "hazardous material," "hazardous waste," "toxic substance," <br />toxic pollutant," "contaminant," or "pollutant" within the meaning of any Hazardous <br />Materials Law. <br />(2) "Hazardous Materials Laws" means all federal, state, and local laws, <br />ordinances and regulations and standards, rules, policies and other governmental <br />requirements, administrative rulings and court judgments and decrees in effect now <br />or in the future and including all amendments that relate to Hazardous Materials and <br />apply to Borrower or to the Mortgaged Property. Hazardous Materials Laws include, <br />but are not limited to, the Comprehensive Environmental Response, Compensation <br />and Liability Act, 42 U.S.C. Section 9601, et seq., the Resource Conservation and <br />Recovery Act, 42 U.S.C. Section 6901, et seq., the Toxic Substance Control Act, <br />15 U.S.C. Section 2601, et seq., the Clean Water Act, 33 U.S.C. Section 1251, et <br />seq., and the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et <br />seq., and their state analogs. <br />(3) "Environmental Permit" means any permit, license, or other <br />authorization issued under any Hazardous Materials Law with respect to any <br />activities or businesses conducted on or in relation to the Mortgaged Property. <br />(b) Except for (1) matters covered by a written program of operations and <br />maintenance approved in writing by Lender ( "O &M Program "), (2) matters described in <br />paragraph (c) of this Section 48; or (3) (for so long as the Loan is insured or held by HUD) <br />matters covered by Program Obligations that may differ from this Section 48 (with respect <br />Pretiious editions are obsolete HUD MF Security Instrument HUD- 94000M (Rev. 04/11) <br />Contingent Repayment Mortgage Page 37 FRENCH VILLAGE <br />
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