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200103932
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Last modified
10/14/2011 3:34:36 AM
Creation date
10/20/2005 8:34:59 PM
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DEEDS
Inst Number
200103932
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200103932 <br />Any such notice given by Borrower shall not relieve Borrower of, or result in a waiver of, any <br />obligation under this Instrument, the Note, or any other Loan Document. <br />(g) Borrower shall pay promptly the costs of any environmental inspections, tests or <br />audits ( "Environmental Inspections ") required by Lender in connection with any foreclosure or <br />deed in lieu of foreclosure, or as a condition of Lender's consent to any Transfer under <br />Section 21, or required by Lender following a reasonable determination by Lender that <br />Prohibited Activities or Conditions may exist. Any such costs incurred by Lender (including the <br />fees and out -of- pocket costs of attorneys and technical consultants whether incurred in <br />connection with any judicial or administrative process or otherwise) which Borrower fails to pay <br />promptly shall become an additional part of the Indebtedness as provided in Section 12. The <br />results of all Environmental Inspections made by Lender shall at all times remain the property of <br />Lender and Lender shall have no obligation to disclose or otherwise make available to Borrower <br />or any other party such results or any other information obtained by Lender in connection with <br />its Environmental Inspections. Lender hereby reserves the right, and Borrower hereby expressly <br />authorizes Lender, to make available to any party, including any prospective bidder at a <br />foreclosure sale of the Mortgaged Property, the results of any Environmental Inspections made <br />by Lender with respect to the Mortgaged Property. Borrower consents to Lender notifying any <br />party (either as part of a notice of sale or otherwise) of the results of any of Lender's <br />Environmental Inspections. Borrower acknowledges that Lender cannot control or otherwise <br />assure the truthfulness or accuracy of the results of any of its Environmental Inspections and that <br />the release of such results to prospective bidders at a foreclosure sale of the Mortgaged Property <br />may have a material and adverse effect upon the amount which a party may bid at such sale. <br />Borrower agrees that Lender shall have no liability whatsoever as a result of delivering the <br />results of any of its Environmental Inspections to any third party, and Borrower hereby releases <br />and forever discharges Lender from any and all claims, damages, or causes of action, arising out <br />of, connected with or incidental to the results of, the delivery of any of Lender's Environmental <br />Inspections. <br />(h) If any investigation, site monitoring, containment, clean-up, restoration or other <br />remedial work ( "Remedial Work ") is necessary to comply with any Hazardous Materials Law <br />or order of any Governmental Authority that has or acquires jurisdiction over the Mortgaged <br />Property or the use, operation or improvement of the Mortgaged Property under any Hazardous <br />Materials Law, Borrower shall, by the earlier of (1) the applicable deadline required by <br />Hazardous Materials Law or (2) 30 days after notice from Lender demanding such action, begin <br />performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in <br />any event complete the work by the time required by applicable Hazardous Materials Law. If <br />Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, <br />Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower <br />shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from <br />Borrower to Lender shall become part of the Indebtedness as provided in Section 12. <br />(i) Borrower shall cooperate with any inquiry by any Governmental Authority and <br />shall comply with any governmental or judicial order which arises from any alleged Prohibited <br />Activity or Condition. <br />01- 327514.1 <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 19 <br />NEBRASKA <br />
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