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��14�1199 <br /> 4I <br /> ordinary �ourse af its busin�ss, w�ufd cause �r p�rmit any Prohibited AGtivity �r <br /> �ondit�on. <br /> �e} If an �&M Program has been estab�ished with respect t� Hazardous <br /> Nfater�als, 8orrov�er sha�! comply in a tim�ly manner wEth, and cause all emp�oyees, <br /> ag�nts, and �ontractars of B�rrov�►er and any other �ersans encompassed by the �&M <br /> Prvgram and present on the Mortgag�d Property to comply with the �&M Pr�gram. All <br /> cflsts af�erf�rmance af B�rrovti►er's obligatians under any �&M Program shall �e pafd <br /> by B�rr�wer, and Lender's out-of pocket casts incurred in connectian with the <br /> monitor�ng and re�i�w of the �&M Program and Borrower's performance shall be paid <br /> by Barrower up�n d�mand by Lender. Any su�h out-af-pocket costs of Len�er which <br /> B�rrower faiis to pay prompt�y shail bec�me an addit�onal part �f the Inde�tedness as <br /> pra�ided in Secti�n �3; prov�ded that s� I�ng as th� Loan is �nsured by HUa, no <br /> ad�ances made by Lender und�r this subsecti�n �e} shall becom� an addit��nal part �f <br /> the Ind�btedn�ss unl�ss sucn advances re�ei�e the pri�r writt�n approval of HUD and <br /> pravide� further that unl�ss appro�ed by HUD, Lend�r shal� have nv ob�igatian to make <br /> any such advanc�s. <br /> �f} 8orr�wer repre�ents and warrants t� L�nder that, ex��pt as �re��ousfy <br /> d iscl�sed by Borrower ta Lender in wr�ting: <br /> ��} Borrower has n�t at any time engaged in, Gaus�� or permitted any <br /> Pr�h�bit�d A�ti�ities �r Gonditions; <br /> �2} t� th� best of Borrower`s kn�wledge after reasonab�e and diligent <br /> inquiry, no Prohibit�d Ac�i�ities or Conditians �xist or ha�e existed; <br /> �3} the IVlortgaged Pr�perty d�es nat now contain any und�rground <br /> starag� tanks, and, to th� best �f Borrower's kn�wledge after <br /> reasonable and dif�gent inqu�ry, �h� Mvrt�aged Property has n�t <br /> c�ntained any underground starage tanks in th� past. If th�re is an <br /> undergr�und st�rage tank l�cated �n the Mortgag�d Property that <br /> has be�n pre�iously d�sci�s�d by Borrower t� L�nder �n writ�ng, that <br /> tank compli�s w�th a�i requirem�nts �f Hazardous Materials Laws; <br /> �4} Bvrrower has comp�ied with af! Hazardous Mat�rials Laws, <br /> including all requir�m�nts for notification regarding releases of <br /> Hazardous Materials. Vl��thout lim�t�ng the g�nerality af the <br /> f�re��ing, Borrawer has abta�ned all En�iranmental Permits <br /> r�qu�r�d for the operati�n of th� M�rtgaged Prop�rty in acc�rdanc� <br /> with Hazardous Materials Laws n�w in effect and aIl such <br /> Environmental PermEts are in fufl forc� and effect; <br /> Previ�us edit�ons are obsolete HUD MF Security Instrument HU�-94n4�M�Re�.44111} <br />