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2� 1 ��435 Borrower shal� co�nply in a time�y manr�er with, and cause a�l emp�oyees, agents, and co�tractors of Borr�w�r and any other persans encampas�ed by the �&M Program a.�d present an t�� Mortgaged Property ta com�ly with the �B�M Program. A11 costs of perfor�nance o�B�rr�We�'s ob�igatx�ns under any �&IVI Pragram sha��be paic�by Borrower, and Lend�r's out-of-p�cket costs incurred in��nnection with th�monitoring and revieW of the �&M Prograr� anc� Borrower's perfarmance shall be paid by Borrower u�on demand by Lender. Any such out-�f- p�cket costs af Lender which Borrower fails to pay prompt�y shall b�come an additional par�of the Indeht�dness as pro�ided �n Section 13; provided that so long as th� Loan is ir�sured�y HUD, no advances made by Lender under this subsection(e} sha11 bec�me an additional p�rt af the Ind�btedness unless such advances receive th�pr�or written approval af HUD and pro�ided further that un�ess appr�ved by HUD, Lender sha11 have no obligation t� ma1�e any such advances. �f} Borrower represents and warrants to Lender that, exc�pt as previously disclosed by Borrow�r to Lender in v�rriting: (1} Borr�wer has not at any time engaged in, caused or perm�tted any Proh�bited Activities or�ondit�ons; ��} to the best of Borrower's knoWledge after reasonable and di�igent inqu�ry, no Pr�h�bited Activities or�onditions �xist or ha�e existed; (3} the Mor�gaged Praperty does not n�W�onta�n any underground storage tanks, and, to the best�f BorroWer's knovvledge after reasonabl� and dilig�nt inquiry, the M�rtgaged Pr�perty has not cantained any underground storage tanks in the past. If there is an und�rground st�rage tank lacated on the M�rtgaged Pr�perty that has been previously dxsclosed by Borrower to Lender in writ�ng, that tank camplies w�th a�1 requirements of Hazardous Mater�als Laws; �4� Borrower has comp�ied with all Hazardous Materials Laws, including all requirements for notification regarding releases of Hazardaus Materials. Without ��m�ting the genera�ity�f the foregoing, B�rrower has obtained a�l Environmental Permits r�quired for the �peration af the Mor�gaged Pr�perty �n a�cardanc�With Hazard�us Materials LaWs novv in�ffect and all such Environmenta� P�rmits are �n ful� f�rce and effect; no event has occurred with respect to the Mortgaged Propert�that�onstxtutes, �r with th�passing of txme �r the giving of Natice w�uld c�nstitute, n�ncompliance with the terms af any Environmental Permit; �S} to the best of Borrower's knaw�edge after reasonable and di�igent inquiry, th�re are no actions, suits, claims or pr�ceedings, pending or threatened, that invo�ve the Mortgaged Praperty and ai�ege, arise aut of, or relate to any Prohibited Activit�es or �onditions; and Previous Wersions obsolete Pag�36 form HU�-94�D0-�RCF ��612014}