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200008622
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Last modified
10/13/2011 8:41:30 PM
Creation date
10/20/2005 9:52:22 PM
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DEEDS
Inst Number
200008622
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200008622 <br />(c) Borrower shall take all commercially reasonable actions (including the <br />inclusion of appropriate provisions in any Leases executed after the date of this <br />Instrument) to prevent its employees, agents, and contractors, and all tenants and other <br />occupants from causing or permitting any Prohibited Activities or Conditions. Borrower <br />shall not lease or allow the sublease or use of all or any portion of the Mortgaged Property <br />to any tenant or subtenant for nonresidential use by any user that, in the ordinary course <br />of its business, would cause or permit any Prohibited Activity or Condition. <br />(d) If an O &M Program has been established with respect to Hazardous <br />Materials, Borrower shall comply in a timely manner with, and cause all employees, <br />agents, and contractors of Borrower and any other persons present on the Mortgaged <br />Property to comply with the O &M Program. All costs of performance of Borrower's <br />obligations under any O &M Program shall be paid by Borrower, and Lender's <br />out -of- pocket costs incurred in connection with the monitoring and review of the O &M <br />Program and Borrower's performance shall be paid by Borrower upon demand by Lender. <br />Any such out -of- pocket costs of Lender which Borrower fails to pay promptly shall become <br />an additional part of the Indebtedness as provided in Section 12. <br />(e) Borrower represents and warrants to Lender that, except as previously <br />disclosed by Borrower to Lender in writing: <br />(1) Borrower has not at any time engaged in, caused or permitted any <br />Prohibited Activities or Conditions; <br />(2) to the best of Borrower's knowledge after reasonable and diligent <br />inquiry, no Prohibited Activities or Conditions exist or have existed; <br />(3) except to the extent previously disclosed by Borrower to Lender in <br />writing, the Mortgaged Property does not now contain any <br />underground storage tanks, and, to the best of Borrower's knowledge <br />after reasonable and diligent inquiry, the Mortgaged Property has not <br />contained any underground storage tanks in the past. If there is an <br />underground storage tank located on the Property which has been <br />previously disclosed by Borrower to Lender in writing, that tank <br />complies with all requirements of Hazardous Materials Laws; <br />(4) Borrower has complied with all Hazardous Materials Laws, including <br />all requirements for notification regarding releases of Hazardous <br />Materials. Without limiting the generality of the foregoing, Borrower <br />has obtained all Environmental Permits required for the operation of <br />the Mortgaged Property in accordance with Hazardous Materials <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 21 <br />NEBRASKA <br />
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