|
2� 1 ���435
<br /> and Borr�wer hereby exp�ess�y authorizes Lender, to make available to any party, inc�uding any
<br /> prospecti�e bidder at a foreclosure sale of the Mortgag�c�Property, the results n�'any
<br /> En�ironmental Inspectians made by L�nder wit�respect to the Mortgag�d Property. B�rrower
<br /> consents ta Lender notify�ng any party (either as par�of a notice of sale or�th�rwi�e� of the
<br /> results of ar�y of Lender's Enviranmental Inspectians. BorraWer acknow�edges that Le��er
<br /> cann�t c�r�tro� or o��ierwise assure the truthfuiness or accuracy of the results of any of its
<br /> Environmental Inspect�o�s and that the re�ease of such results to prospectiv� bidders at a
<br /> foreclosure sale of the Mortgaged Proper�y may hav� a materia� and adverse effect u��n the
<br /> am�unt which a pa�y may bid at such �aie. BarroWer agr�es that L�nder sha�l have no Iiabi�ity
<br /> whatsoever as a resu�t of de�iver�ng the results af any of its Enviranmental Inspections to any
<br /> th�rd party, and B�rrower hereby rel�ases and forever discharg�s Lender from any and a�l claims,
<br /> damag�s, or�auses of acti�n, arising out of, eonnected with or incic�ental ta the resu�ts a€, the
<br /> delivery of an.y of Lender's Env�r�nmenta� Inspections.
<br /> �i} If any �nvestxgati�n, site monitor�ng, conta�riment, clean-up, restoration ar ather
<br /> remedia� work �"Remedial Work"} is necessary t� comp�y with any Hazardaus Materials Law
<br /> that has ar acquires j urisd�ction over the Martgaged Property or the use, op�rati�n or
<br /> xmpro�ement of the Mor�gaged Pr�perty under any Hazaxdous Materials Law, B�rrower sha��, by
<br /> the earli�r af�1� the a�plicabl� deadline required by the Hazardous Materials Law or(�)thirty
<br /> �3�} days after Notice from Lend�r demanding such action, beg�n performing the Remedial
<br /> �TITor�, and thereafter diligently prosecute it to eompletion, and sha11 in any�vent comp�ete the
<br /> w�rk by the time required by app�xcable Hazardous Mater�als Law. If Borrower fails to begin�n
<br /> a timely basis or di��gent�y pros��ute any requ�red Remedial �ork, Lender may, at its opt�or�,
<br /> cause the Remedia� Work ta be camp�eted, in which�ase B�rrower shall reimburse Lender on
<br /> demand for the c�st of doing so. So �ang as the L�an is insur�d by HUD, no advanc�s made by
<br /> Lender under this subsection(i� sha11 became part�f the Ind��tedness as provided in Section 13
<br /> unless such advances receive the�ri�r Writt�n approval of HUD and pr�vided further that unless
<br /> a�praved by HUD, Lender shall have no �bligatian to make any such advanc�s.
<br /> (j� Borrower shall �ooperate With any inquiry by any Gov�rnmental Authority and
<br /> sha11 camply with any gov�rnrnenta� or judicia� order which arises from an� aileged Prohibited
<br /> Activit�es �r Conditions.
<br /> �k} Borr�W�r shall indemnify, hold harmless and defend (1� Lender, �2} any priar
<br /> owner or h�lder of the Note, �3} the laan servicer, (4} any pri�r�oan ser�icer, (5� the afficers,
<br /> directors, shareho�ders, �artners, employees and trustees of any of the foregoing, and ��� the
<br /> heirs, legal re�resentat�ves, successors and ass�gns �f each af th� foregoing �each an
<br /> "Indemnitee", and c�llectively, "Indemn.itees"� fram and against a11 proceedings, claims,
<br /> damages, pena�ties and costs (whether initiated or snught by Gavernmental Authorit�es or pr�vate
<br /> part�es}, includ�ng fees and out of packet expenses of attorneys and e�pert witness�s,
<br /> invest�gatory fees, and remed�ation costs, whether incurred in connection with any judicial
<br /> (including appellate} or administrative process or otherwise, arising direct�y or indirectl�fram
<br /> any of the fo�lowing except where the Mar�gaged Pr�perty became ��ntam�nated subsequent to
<br /> any transfer of awnersh�p which was approved in writing by Lender(and so long as the Loan ls
<br /> �nsured or held by HUD, �y HLJD}, pr�vided such transfere� assumes in writ�ng a11 �b��gati�ns
<br /> Previous versions flbsolet� Page 38 form HUD-94�DD-�RCF ��61��14}
<br />
|