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2� 1 ��435 �f Borrower with respect to Prohibited Act�vities or Condit�ons: ��} any breach of any representation or Warranty of Borrower in this Section 4$; �u� any failure by Borrower to perfarm or c�mply with any of its ob�igatians under this Section 48; �iii} the existence or a11eg�� exist�nce of any Prohibited Activiti�s or ��ndit�ons; (iv} the actual or alleged v�o�ation�f any Hazardaus Materia�s Law. (1} Counsel selected by B�rrower to defend Indemnitees shall be subj�ct to th� appro�al of those Indemnitees. Howe�er, any Indemnitee may elect to defend any claim or lega� or administrat�ve proceeding at BarroWer's expense. (m} Borrower shall not, w�thout the prior writt�n con�ent�f thos� Indemnitees who are named as parties ta a claim or�egal �r admin�strative proeeeding ("�laim"}, settle or c�mprom�se the �laim if the settiement (1� results in the entry of any judgment that does not xnc�ude as an unc�nditiona�term the delivery by the clazmant ar piaintiff to Lender of a wr�tten releas� of those Indemnitees, satisfactory �n farm and substance to Lender; or �2� may materia�ly and adverse�y affect Lender, as d�termined by Lender in its discret�on. (n� Borrower's abl�gation to indemnify the Indemn�tees sha�l nat be limited or �mpa�red by any of the fo��owing, or by any fai�ure of B�rrower or any guarantor ta r�ceive Notice of or cansideration for any�f the fo��owing: �1� any amendment or mod�f�cati�n af any Loan Document; �2} any ext�nsians of time for performance required by any Loan Document; (3� the accuracy or inac�uracy af any representations and warranties made by Borrower under this Security Instrument or any other Loan I]ocument; �4� the release of Borrower�r any�th�r person, by Lender or by nperation of laW, from performance of any ohligation under any L�an I]ocument; (S� the release or substitut�on in who�e �r in part of any secur�ty f�r the Indebtedness; and �G} Lender's failure to properiy perfect any lien�r secur�ty inter�st given as security for the Indebtedness. (o} Borrower shall, at its �wn cost and expens�, do al� of the fol��wing: Pr�vious�ersions o�solete Page 39 form HUD-9400�-�RCF ��fi1��14}