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201302395
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Last modified
3/27/2013 4:41:58 PM
Creation date
3/27/2013 3:39:28 PM
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DEEDS
Inst Number
201302395
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201302395 <br />Property may have a material and adverse effect upon the amount which a party may bid <br />at such sale. Borrower agrees that Lender shall have no liability whatsoever as a result of <br />delivering the results of any of its Environmental Inspections to any third party, and <br />Borrower hereby releases and forever discharges Lender from any and all claims, <br />damages, or causes of action, arising out of, connected with or incidental to the results of, <br />the delivery of any of Lender's Environmental Inspections. <br />(i) 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 Law, <br />Borrower shall, by the earlier of (1) the applicable deadline required by the Hazardous <br />Materials Law or (2) thirty (30) days after Notice from Lender demanding such action, begin <br />performing the Remedial Work, and thereafter diligently prosecute it to completion, and <br />shall in any event complete the work by the time required by applicable Hazardous <br />Materials Law. If Borrower fails to begin on a timely basis or diligently prosecute any <br />required Remedial Work, Lender may, at its option, cause the Remedial Work to be <br />completed, in which case Borrower shall reimburse Lender on demand for the cost of doing <br />so. So long as the Loan is insured by HUD, no advances made by Lender under this <br />subsection (i) shall become part of the Indebtedness as provided in Section 13 unless such <br />advances receive the prior written approval of HUD and provided further that unless <br />approved by HUD, Lender shall have no obligation to make any such advances. <br />(j) Borrower shall cooperate with any inquiry by any Governmental Authority and <br />shall comply with any governmental or judicial order which arises from any alleged <br />Prohibited Activity or Condition. <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 shall <br />provide said indemnification agreement to Lender], hold harmless and defend (1) Lender, <br />(2) any prior owner or holder of the Note, (3) the loan servicer, (4) any prior loan servicer, <br />(5) the officers, directors, shareholders, partners, employees and trustees of any of the <br />foregoing, and (6) the heirs, legal representatives, successors and assigns of each of the <br />foregoing (collectively, "Indemnitees ") from and against all proceedings, claims, damages, <br />penalties and costs (whether initiated or sought by Governmental Authorities or private <br />parties), including fees and out of pocket expenses of attorneys and expert witnesses, <br />investigatory fees, and remediation costs, whether incurred in connection with any judicial <br />(including appellate) or administrative process or otherwise, arising directly or indirectly <br />from any of the following except where the Mortgaged Property became contaminated <br />subsequent to any transfer of ownership which was approved in writing by Lender (and so <br />long as the Loan is insured or held by HUD, by HUD), provided such transferee assumes <br />in writing all obligations of Borrower with respect to Prohibited Activities or Conditions: <br />Previous editions are obsolete HUD MF Security Instrument HUD- 94000M (Rev. 04/11) <br />Contingent Repayment Mortgage Page 41 FRENCH VILLAGE <br />
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