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��14��133 damages,penalties and costs �whether�nitiated�r sought by �o�ernmental Author�ties ar private parties}, i�clud�ng fees and out of pocket expenses of attorneys and expert witness�s, investigatory fe�s, and remediation costs,whether incurred in connection with any j udicial �including appe�late}or administrative process or otherwise, arising directly or indirectly frnm ar�y of the following except where the M�rtgaged Property became contam�nated �ubseyuent to at�y transfer of ownership vvhich was appro�ed in writing by Lender(and so long as the Loan is insured or held by HUD, by HUD}, pr�vided such transferee assumes in writing all obligations of Borrower vvith respect to Prah�bited Acti�ities or��nditions: (i} any breach of any representation or warranty of Borrower in this Section 48; (ii} ar�y fai�ure�y Barrower to perform or comply with any of its ob�igations under this Section 48; . �111} t�le e�15t�riC� �r a�le��Cl eXlSterl�e Of a.Ily P�'��'11�1t�C�ACt1Vl�leS�r � �Ot7C�lt1�175; �i�� the actual or alleg�d��alation of any Hazardous Materials Lavv. �l} �ounsel selected by Borr�wer ta defend Indemnitees shall he subj ect to the appra�al of those �ndemnitees. However, any Indemnitee may eiect ta d�fend ar�y c�a�m or legal or administrative proceeding at Borrower's expense. (m} Borrower shall not,without the prior written cansent flf those Indemnitees wh� are named as parties ta a claim or legal or administrative proceeding("C�aim"}, settle ar c�mpramise the Claim if the sett�ement(1} results in the entry of any judgment that does nat include as an unc�ndit�onat term the de��very by th� cla�mant or plaintiff to L�nder of a written r�lease of those Indernnitees, satisfactory in form and substance to L�nder; or(2}may materially and adversely affect Ler�der, as determined by Le�der in its d�scretion. �n] Borrower's obligation to indemnify the Indemnitees sha11 nat be limited or impaired by any of the following, or by any failure of Borrower or any guarantor t� recei�e Notice of or consideration for any af the following: _ (�} any amendment or modificati�n of any Loan I]ocument; �2} any extensions of time for performar�Ce re�uired by any Loan Document; �3} the accura�y or inaccuracy of any representatians and warranties made by Borrower under this Security Instrument ar any�ther Loan Document; �4� th�release of Bnrrower or any other persor�, by Lender�r by operation of law, from perfvrmance of any obligation under any L�an Dacument; � (5} th�release or substitution in whole or in part�f any security for the Indebtedness; and Pre�ious�ersions obsfl�ete Page 38 vf 40 form HUD-94D��-DRCF�Re�.03113}