(G)
BORROWER SHALL HAVE OBTAINED SUCH ENDORSEMENTS TO THE TITLE
INSURANCE POLICY WITH RESPECT TO SUCH IMPOSITION OR LIEN CLAIM AS LENDER MAY
REQUIRE (OR ESCROWED WITH A TITLE INSURANCE COMPANY FUNDS SUFFICIENT TO OBTAIN
SUCH ENDORSEMENTS PURSUANT TO ESCROW ARRANGEMENTS REASONABLY SATISFACTORY TO
LENDER).
(III)
ANY SUCH CONTEST SHALL BE PROSECUTED WITH DUE DILIGENCE, AND
BORROWER SHALL PROMPTLY PAY THE AMOUNT OF SUCH IMPOSITION OR LIEN CLAIM AS
FINALLY DETERMINED, TOGETHER WITH ALL INTEREST AND PENALTIES PAYABLE IN
CONNECTION THEREWITH. LENDER SHALL HAVE FULL POWER AND AUTHORITY, BUT NO
OBLIGATION, TO APPLY ANY AMOUNT DEPOSITED WITH LENDER UNDER THIS SUBSECTION TO
THE PAYMENT OF ANY UNPAID IMPOSITION OR LIEN CLAIM TO PREVENT THE SALE OR
FORFEITURE OF THE MORTGAGED PROPERTY FOR NON-PAYMENT THEREOF, IF LENDER
REASONABLY BELIEVES THAT SUCH SALE OR FORFEITURE IS THREATENED. ANY SURPLUS
RETAINED BY LENDER AFTER PAYMENT OF THE IMPOSITION OR LIEN CLAIM FOR WHICH A
DEPOSIT WAS MADE SHALL BE PROMPTLY REPAID TO BORROWER UNLESS AN EVENT OF DEFAULT
SHALL HAVE OCCURRED, IN WHICH CASE SAID SURPLUS MAY BE RETAINED BY LENDER TO BE
APPLIED AS LENDER, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY ELECT.
(C)
LITIGATION. BORROWER SHALL GIVE PROMPT WRITTEN NOTICE TO LENDER OF
ANY MATERIAL LITIGATION OR GOVERNMENTAL PROCEEDINGS PENDING OR THREATENED (IN
WRITING) AGAINST BORROWER, OR THE MORTGAGED PROPERTY, OTHER THAN PERSONAL INJURY
LITIGATION WHICH IS COVERED BY INSURANCE, EVICTION MATTERS WITH RESPECT TO
TENANTS OR OCCUPANTS (IN WHICH NO COUNTERCLAIMS FOR MATERIAL DAMAGES OR
LIABILITIES ARE MADE AGAINST BORROWER), AND MATTERS RELATED TO ENFORCEMENT OF
BUILDING OR ZONING CODES (AS LONG AS THE MORTGAGED PROPERTY IS IN MATERIAL
COMPLIANCE WITH SUCH BUILDING AND ZONING CODES).
(D)
ENVIRONMENTAL REMEDIATION.
(I)
IF ANY INVESTIGATION, SITE MONITORING, CLEANUP, REMOVAL,
RESTORATION OR OTHER REMEDIAL WORK OF ANY KIND OR NATURE IS REQUIRED PURSUANT TO
AN ORDER OR DIRECTIVE OF ANY GOVERNMENTAL AUTHORITY OR UNDER ANY APPLICABLE
ENVIRONMENTAL LAW, BECAUSE OF OR IN CONNECTION WITH THE CURRENT OR FUTURE
PRESENCE, SUSPECTED PRESENCE, RELEASE OR SUSPECTED RELEASE OF A HAZARDOUS
SUBSTANCE ON, UNDER OR FROM ANY MORTGAGED PROPERTY OR ANY PORTION THEREOF
(COLLECTIVELY, THE "REMEDIAL WORK"), BORROWER SHALL PROMPTLY COMMENCE AND
DILIGENTLY PROSECUTE TO COMPLETION ALL SUCH REMEDIAL WORK, AND SHALL CONDUCT
SUCH REMEDIAL WORK IN ACCORDANCE WITH THE NATIONAL CONTINGENCY PLAN PROMULGATED
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT,
42 U.S.C. § 9601 ET SEQ. ("CERCLA"), IF APPLICABLE, AND IN ACCORDANCE WITH OTHER
APPLICABLE ENVIRONMENTAL LAWS. IN ALL EVENTS, SUCH REMEDIAL WORK SHALL BE
COMMENCED WITHIN SUCH PERIOD OF TIME AS REQUIRED UNDER ANY APPLICABLE
ENVIRONMENTAL LAW. IF ANY FUNGUS, MOLD, MILDEW OR OTHER BIOLOGICAL AGENT IS
PRESENT AT ANY MORTGAGED PROPERTY IN A MANNER OR AT A LEVEL THAT IS REASONABLY
LIKELY TO MATERIALLY
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ADVERSELY AFFECT THE VALUE OR UTILITY OF SUCH MORTGAGED PROPERTY OR THAT POSES A
SIGNIFICANT HEALTH RISK, THE BORROWER SHALL PROMPTLY COMMENCE AND DILIGENTLY
PROSECUTE TO COMPLETION THE REMEDIATION OF SUCH CONDITION TO THE REASONABLE
SATISFACTION OF THE LENDER OR ITS SERVICER.
(II)
IF REASONABLY