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22: ADDITIONAL CHARGES 200410418
<br />I agree to pay all reasonable charges in connection with the servicing of this loan, including but not limited to obtaining
<br />tax searches and bills and in processing insurance loss payments, ownership transfers, releases, easements, consents,
<br />extensions, modifications, special agreements, assignments, reduction certificates, asset recovery and satisfaction of
<br />mortgage.
<br />In the event Borrower directs Lender to order any reports, appraisals, searches, examinations and /or the like, I agree
<br />that the expense for the same is to be added to the balance of the existing mortgage, if same is not paid within 30 days
<br />of written notification.
<br />23. HAZARDOUS SUBSTANCES
<br />Borrower shall not create or suffer to exist, or permit any of its agents, employees, contractors, tenants, or invitees to
<br />create or suffer to exist any lien, security interest charge or encumbrance against the Property or any portion thereof,
<br />relating to any physical or environmental condition, including, but not limited to, any lien imposed pursuant to section
<br />107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9607(1)) or any similar federal, state,
<br />or local statute, regulation, rule, order, or ordinance.
<br />Borrower shall not cause or permit any other party to cause or permit the presence, use, disposal, storage or release of
<br />any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
<br />affecting the Property that is in violation of any environmental law.
<br />Borrower shall promptly give the Lender written notice of any investigation, claim, demand, lawsuit or other action by
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />environmental law, of which the Borrower has actual knowledge or should have actual knowledge. If Borrower learns
<br />or is notified by any governmental or regulatory authority that any removal or remediation of any hazardous Substance
<br />affecting the Property is necessary, Borrower shall promptly take necessary remedial, removal, and other actions
<br />necessary to clean up and remove all hazardous substances, solid wastes, or contaminants on, in, from, or affecting the
<br />property or any portion thereof, in accordance with environmental law, to the satisfaction of the lender and in
<br />accordance with all orders and directives of governmental authorities having jurisdiction over the Property and /or such
<br />substances or materials. If Borrower fails to take remedial action, and upon receipt of notice from any party asserting
<br />the existence of any hazardous substances affecting the property that if true may result in an order, suit, imposition of
<br />a lien on the property, or other action, or if the lender in good faith believes would jeopardize its security interest, the
<br />Lender at its option shall take whatever action is necessary in accordance . with environmental law, to clean up, remove,
<br />resolve or otherwise remediate the situation. All reasonable costs and expenses paid or incurred by Lender in the
<br />exercise of such rights shall be secured by the liens securing this loan and shall be payable by borrower upon demand
<br />by Lender.
<br />Borrower shall indemnify, exonerate, defend and hold harmless Lender, its officers, directors, shareholders, agents, and
<br />employees, from and against any and all claims, demands, obligations, : penalties, fines, suits, liabilities, settlements,
<br />damages, losses, costs, and expenses (including but not limited to, attorney and consultant fees and expenses,
<br />investigation fees, laboratory expenses, cleanup costs, court costs, and other expenses of litigation or arbitration), as
<br />well as any such fees and expenses incurred in enforcing this indemnity, and any violation of any applicable
<br />environmental laws in effect on or before the date hereof or hereafter made effective.
<br />As used in this document, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
<br />Environmental Law, and the following substances: gasoline, kerosene, other flammable or toxic petroleum products or
<br />by- products, toxic pesticides, herbicides and fungicides, volatile solvents, materials containing asbestos or formaldehyde,
<br />and radioactive materials. As used in this document, "Environmental Law" means federal, state, and local laws,
<br />statutes, rules, regulations, judicial orders and decisions that relate to health, safety or environmental protection and
<br />maintenance in the jurisdiction where the property is located.
<br />24. MISCELLANEOUS PROVISIONS
<br />(A) In the event that the holder of this Security Instrument be required to retain legal counsel for the purpose of
<br />commencing proceedings hereunder, a reasonable sum shall be added to the said indebtedness, as fair and reasonable
<br />legal fees and deemed secured hereby in addition to expenses, costs, allowances as provided by law.
<br />(B) If this Security Instrument involves a condominium unit, any failure to pay common charges when they become due
<br />shall be considered a default under the terms of this Security Instrument.
<br />(C) In the event that Lender shall advance any money in order to pay Borrower's insurance, taxes and /or hazard
<br />insurance and /or any other judgments, liens, violations, or actions under paragraph 23, then Borrower will pay
<br />interest on the sums advanced at the rate specified in Borrower's Note.
<br />(D) In the event the premises suffers damage or Borrower's statements and /or representations have been found to be
<br />false prior to the disbursement of funds, Lender, in its sole discretion, may cancel this Note and Lender shall have no
<br />further obligations to the Borrower. Lender agrees that Lender will file a Release in the county this Security
<br />Instrument is filed with the Office of the County Clerk prior to cancellation by Lender.
<br />(E) In the event that any check paid by Borrower to Lender is returned unpaid then and in that event Lender may, at
<br />Lender's option, require bank or certified funds for each payment made thereafter.
<br />Doc #20381 - NEMT7
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