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201303289 <br /> 39 <br /> (h) Borrower shall pay promptly the costs of any environmental inspections, <br /> tests or audits ("Environmental Inspections") required by Lender in connection with <br /> any foreclosure or deed in lieu of foreclosure, or as a condition of Lender's consent to <br /> any transfer under Section 21, or required by Lender following a reasonable <br /> determination by Lender that Prohibited Activities or Conditions may exist. Any such <br /> costs incurred by Lender (including the fees and out-of-pocket costs of attorneys and <br /> technical consultants whether incurred in connection with any judicial (appellate or <br /> otherwise) or administrative process or otherwise) which Borrower fails to pay promptly <br /> shall become an additional part of the Indebtedness as provided in Section 13; provided <br /> that so long as the Loan is insured by HUD, no advances made by Lender under this <br /> subsection (h) shall become an additional part of the Indebtedness 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 such further advances. The <br /> results of all Environmental Inspections made by Lender shall at all times remain the <br /> property of Lender and Lender shall have no obligation to disclose or otherwise make <br /> available to any party other than Borrower, and so long as the Loan is insured by HUD, <br /> to HUD, such results or any other information obtained by Lender in connection with its <br /> Environmental Inspections. Lender hereby reserves the right, and Borrower hereby <br /> expressly authorizes Lender, to make available to any party, including any prospective <br /> bidder at a foreclosure sale of the Mortgaged Property, the results of any Environmental <br /> Inspections made by Lender with respect to the Mortgaged Property. Borrower <br /> consents to Lender notifying any party (either as part of a notice of sale or otherwise) of <br /> the results of any of Lender's Environmental Inspections. Borrower acknowledges that <br /> Lender cannot control or otherwise assure the truthfulness or accuracy of the results of <br /> any of its Environmental Inspections and that the release of such results to prospective <br /> bidders at a foreclosure sale of the Mortgaged Property may have a material and <br /> adverse effect upon the amount which a party may bid at such sale. Borrower agrees <br /> that Lender shall have no liability whatsoever as a result of delivering the results of any <br /> of its Environmental Inspections to any third party, and Borrower hereby releases and <br /> 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 /> (I) If di iy ii ivesliyaliui i, �riC i i ivi irivi ii iy, wi iiaii n i iCi ii, ulCai i-up, ui <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 />