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201302395 <br />receive the prior written approval of HUD and provided further that unless approved by <br />HUD, Lender shall have no obligation to make any such advances. <br />(f) Borrower represents and warrants to Lender that, except as previously <br />disclosed by Borrower to Lender in writing: <br />(1) Borrower has not at any time engaged in, caused or permitted any <br />Prohibited Activities or Conditions; <br />(2) to the best of Borrower's knowledge after reasonable and diligent <br />inquiry, no Prohibited Activities or Conditions exist or have existed; <br />(3) the Mortgaged Property does not now contain any underground <br />storage tanks, and, to the best of Borrower's knowledge after reasonable and <br />diligent inquiry, the Mortgaged Property has not contained any underground storage <br />tanks in the past. If there is an underground storage tank located on the Mortgaged <br />Property that has been previously disclosed by Borrower to Lender in writing, that <br />tank complies with all requirements of Hazardous Materials Laws; <br />(4) Borrower has complied with all Hazardous Materials Laws, including <br />all requirements for notification regarding releases of Hazardous Materials. Without <br />limiting the generality of the foregoing, Borrower has obtained all Environmental <br />Permits required for the operation of the Mortgaged Property in accordance with <br />Hazardous Materials Laws now in effect and all such Environmental Permits are in <br />full force and effect; <br />(5) no event has occurred with respect to the Mortgaged Property that <br />constitutes, or with the passing of time or the giving of Notice would constitute, <br />noncompliance with the terms of any Environmental Permit; <br />(6) to the best of Borrower's knowledge after reasonable and diligent <br />inquiry, there are no actions, suits, claims or proceedings, pending or threatened, <br />that involve the Mortgaged Property and allege, arise out of, or relate to any <br />Prohibited Activity or Condition; and <br />(7) Borrower has not received any complaint, order, notice of violation or <br />other communication from any Governmental Authority with regard to air emissions, <br />water discharges, noise emissions or Hazardous Materials, or any other <br />environmental, health or safety matters affecting the Mortgaged Property or any <br />other property of Borrower that is adjacent to the Mortgaged Property that have not <br />previously been resolved legally. <br />Previous editions are obsolete <br />Contingent Repayment Mortgage <br />HUD MF Security Instrument HUD- 94000M (Rev. 04/11) <br />Page 39 FRENCH VILLAGE <br />