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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 />(g) Borrower shall pay promptly the costs of any environmental inspections, tests <br />or audits ( "Environmental Inspections ") required by Lender in connection with any <br />foreclosure or deed in lieu of foreclosure, or as a condition of Lender's consent to any <br />Transfer under Section 21, or required by Lender following a reasonable determination by <br />Lender that Prohibited Activities or Conditions may exist. Any such costs incurred by <br />Lender (including the fees and out -of- pocket costs of attorneys and technical consultants <br />whether incurred in connection with any judicial or administrative process or otherwise) <br />which Borrower fails to pay promptly shall become an additional part of the Indebtedness <br />as provided in Section 12. The results of all Environmental Inspections made by Lender <br />shall at all times remain the property of Lender and Lender shall have no obligation to <br />disclose or otherwise make available to Borrower or any other party such results or any <br />other information obtained by Lender in connection with its Environmental Inspections. <br />Lender hereby reserves the right, and Borrower hereby expressly authorizes Lender, to <br />make available to any party, including any prospective bidder at a foreclosure sale of the <br />Mortgaged Property, the results of any Environmental Inspections made by Lender with <br />respect to the Mortgaged Property. Borrower consents to Lender notifying any party <br />(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 <br />otherwise assure the truthfulness or accuracy of the results of any of its Environmental <br />Inspections and that the release of such results to prospective bidders at a foreclosure sale <br />of the Mortgaged Property may have a material and adverse effectupon the amount which <br />a party may bid at such sale. Borrower agrees that Lender shall have no liability <br />whatsoever as a result of delivering the results of any of its Environmental Inspections to <br />any third party, and Borrower hereby releases and forever discharges Lender from any <br />and all claims, damages, or causes of action, arising out of, connected with or incidental <br />to the results of, the delivery of any of Lender's Environmental Inspections. <br />(h) If any investigation, site monitoring, containment, clean -up, restoration or <br />other remedial work ( "Remedial Wgrk ") is necessary to comply with any Hazardous <br />Materials Law or order of any Governmental Authority that has or acquires jurisdiction <br />over the Mortgaged Property or the use, operation or improvement of the Mortgaged <br />Property under any Hazardous Materials Law, Borrower shall, by the earlier of (1) the <br />applicable deadline required by Hazardous Materials Law or (2) 30 days after notice from <br />Lender demanding such action, begin performing the Remedial Work, and thereafter <br />diligently prosecute it to completion, and shall in any event complete the work by the time <br />required by applicable Hazardous Materials Law. If Borrower fails to begin on a timely <br />basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause <br />the Remedial Work to be completed, in which case Borrower shall reimburse Lender on <br />demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall <br />become part of the Indebtedness as provided in Section 12. <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 23 <br />NEBRASKA <br />
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