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��14�1199 <br /> 4� <br /> �p} In any �ircumstan��s in which the indemnity under this S��tfon 48 <br /> a�p�i�s, Lender may employ ��s own [egal counsei an� c�nsu�tan�s tn prosecut�, defend <br /> or n�g�tiate any claim ar legal or administrati�e pro�e�ding and Lender, with the prior <br /> written �onsent of B�rrovUer �which shail not be unreasonably vUithheld, delayed or <br /> condition�d}, may sett�e or compromis� any action or �egal or administrati�e pr��eeding. <br /> Barrower shail re�m�urs� Lender upon demand f�r aii costs and �xpenses incurr�d by <br /> Lender, including all c�sts of settiements �nter�d into �n good faith, and the fees and �ut <br /> �f pncket expenses of such att�rneys ��ncludin� but not limited ta appellate �itigation} <br /> and cansu�tants. <br /> �q} The provis�nns �f this 5�ction �8 shall be fn addition to any and all oth�r <br /> o�ligatians and liabii�ties that Borr�w�r may have under appl�cab�e law �r und�r oth�r <br /> Loan Do�uments, and each Indemnit�� shall �e entitl�d t� indemnificati�n under this <br /> Se�t�on 48 vvithout regard to whether Lender�r that Indemn�tee has exercised any <br /> rights against the Mortgaged Pr�p�rty or any vther secur�ty, pursued any rights against <br /> any guarantor, or pursued any oth�r rights ava�fabfe und�r the Loan Documents or <br /> appiicab�e law. If Borrawer consists of m�re than �n� ent�ty, the obiigation of those <br /> entit�es to indemnify th� Indemnitees under this Section 48 shall be joint and s�veral. <br /> The obligat�on �f Borrov��r to �ndemnify the IndemniteeS under this Secti�n 48 shal� <br /> surviv� any repaym�nt or discharge of th� Indebtedness, any fareclo�ure proceeding, <br /> any foreci�sure sal�, any deliv�ry of any d��d in ii�u of for�clasure, and any r��ease �f <br /> r�cord of the �ien af this Se�urity Instrum�nt. Notwithstand�ng anythin� in Section 48 ta <br /> the contrary, �� I�ng as the L�an is �nsured or held �y HUD, indemnification costs and <br /> reimbursements to Lender or to any �r all Indemnitees shal� be paid only fr�m the � <br /> a�ailable proce�ds of an appropriate �nsuran�e �olicy or from Surplus �ash or other <br /> �scrow accaunts. <br /> �r} S� Iong as the Loan �s �nsured or he�d by HIJD, afl references ta Lender in <br /> th�s Section 48 shall also �e construed to refer t� HUD as �ts int�rest app�ars ��ol�ly as <br /> d�termined by H U D} and all notif�catiflns to Lend�r must ais� b� made ta H U D and al� <br /> Lender ap�ro�als and ex�rcises �f discr�tion �y Lend�r under this Sect�on 48 must first <br /> ha�e th� �r�ar written appr��ai of H U D, pr�vid��, that, so lon� as the Loan �s insur�d �r <br /> held by HUD, the r�ference t� Lender as an In��mnit�� shal� be c�nstrued to ref�r t� <br /> HUD, and Borrower's ob[iga�ions ta �ndemnify HUD as an lndemnitee shall remain in <br /> effect in accardan�e with this Se�ti�n 48, notv�rith�tanding the termination �r�xpiratian <br /> af insurance of the Loan by HUD. <br /> �s} To th� extent any HUD �nv�ranmental requirem�nts or standards are <br /> �nconsistent ar c�nflict w�th the �ro�isians of thfs Sec�ion 48, the HUD requirements or <br /> standards shal� c�ntral so I�ng as the Loan is insured �r held by H U a. <br /> 4�. N�n�, <br /> Pre�ious edit�ons are vbsvfete HUD fUIF Security fnstrument HUD-94�DDIUI�Re�.�4111} <br />