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201100260 <br />(3) any accurrence or condition on the Mortgaged Praperty or any ather <br />property af Borrowcr that is adjacent to the Mortgaged 1'roperly, which <br />occurrence ar condition is or may be in violatian af Hazardous Materials <br />Laws; or <br />(4) any violation of or noncompliance with the terms of any Environmental <br />Permit with respect to the Mortgaged Property ar any property of Borrower <br />that is adjacent to the Mortgaged I'roperty. <br />1'he matters described in clauses (1) through (4) above are referred to callectively in this Section 18 <br />as "Prohibited Activitiss or Conditions". <br />(b) Prohibited Activities and Conditivans shall not include the safe and lawful us� and <br />stora�e of quantities of (1) pre-packaged supplies, cleaning materials and petroleum products <br />custamarily used in the aperation and maintenance of comparable multifamily properties, (2) <br />cleaning, materials, personal grooming items and ather items sold in pre-packaged containers for <br />cansumer use and used by tenants and occupants of residential dwelling units in the Mortgaged <br />Properly; and (3) petrnleum praducts used in the operation and maintenance �f motor vehicles from <br />time tv time located on the Mortgaged Fraperty's parking areas, so long as all of the faregaing are <br />used, stared, handled, transported and disposed of in compliance with Hazardous Materials Laws. <br />(c) Borrower shall take all commercially reasonable actions (including the inclusion of <br />apprapriate provisions in any Leases executed after the date of this Instrument) ta prevent its <br />employ�es, agents, and contractors, and all tenants and other accupants from causing or p�rmitting <br />any Prohibited Activities ar Canditions. Borrower shall not leasc ar allow the sublease ar use af all <br />or any portion of the Mortgaged Property ta any tenant ar subtenant for non�residcntial use by any <br />user that, in the ordinary course of its business, would cause or permit any Prahibited Activity ar <br />Condition. <br />(d) If an O&M Program has been established with respecl to Hazardous Materials, <br />Borrower shall comply in a timely manner with, �nd eause all ernployees, agents, and contractors of <br />Barrawer and any other persons present on the Martgaged Property ta comply with the O&M <br />PragrAm All costs of performance of Borrower's obligatians under any Q&M Pro�ram shall be <br />paid by Borrower, and Lender's out-of pocket easts ineurred in cannectian with the monitoring and <br />review of the O&M Program and �3orrower's performancc slaall be paid by Barrower upan demand <br />by Lender. Any such out-of-pocket costs of i.ender which �3arrower fails ta pay promptly shall <br />become an additianal part of the lndebtedness as pravided in Sectinn 12. <br />(e) Borrovver represents and warrants to Lender that, except as previously disclosed by <br />Borrower to L�ndcr in writing: <br />(1) Barrower has nat at any time engaged in, caused or permitted any Prohibited <br />Activities or Conditions; <br />FANNIE MAE MULTIFAMILY SECCJRrTY INSTR[IMENT- �'urm 4028 06/09 Page J9 <br />NEBRASKA <br />� I )97-2Q09 Fannie Mae <br />