Ch. 1                                       1997 LAWS OF MARYLAND

1.       Participates in the day-to-day management of the site or
property; or

2.       Directly causes the discharge of a hazardous substance on or
from the site;

(vi) A holder of a mortgage or deed of trust who acquires title to a site
containing a hazardous substance through foreclosure or deed in lieu of foreclosure who:

1.       Does not participate in the day-to-day management of the
site; and

2.       Does not directly cause the discharge of a hazardous
substance on or from the site; [or]

(vii) Except in the case of gross negligence or willful misconduct, an
owner or operator who is:

1.       A state, county, or municipal government;

2.       Any other political subdivision of the State; or

3.       Any unit of a state, county, or municipal government or any
other political subdivision;

(VIII) A HOLDER OF A MORTGAGE OR DEED OF TRUST WHO
ACQUIRES TITLE TO AN ELIGIBLE PROPERTY AS DEFINED IN SUBTITLE 5 OF THIS
TITLE SUBJECT TO A WRITTEN AGREEMENT IN ACCORDANCE WITH SUBTITLE 5 OF
THIS TITLE PROVIDED THAT THE HOLDER COMPLIES WITH THE REQUIREMENTS,
PROHIBITIONS, AND CONDITIONS OF THE AGREEMENT;

(IX)   SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A LENDER
WHO EXTENDS CREDIT FOR THE PERFORMANCE OF REMOVAL OR REMEDIAL
ACTIONS CONDUCTED IN ACCORDANCE WITH REQUIREMENTS IMPOSED UNDER
THIS TITLE WHO:

1.       HAS NOT CAUSED OR CONTRIBUTED TO A RELEASE OF
HAZARDOUS SUBSTANCES; AND

2.       PREVIOUS TO EXTENDING THAT CREDIT, IS NOT A
RESPONSIBLE PERSON AT THE SITE;

(X)     SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A LENDER
WHO TAKES ACTION TO PROTECT OR PRESERVE A MORTGAGE OR DEED OF TRUST
ON A SITE OR A SECURITY INTEREST IN PROPERTY LOCATED ON A SITE AT WHICH A
RELEASE OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE HAS
OCCURRED, BY STABILIZING, CONTAINING, REMOVING, OR PREVENTING THE
RELEASE OF A HAZARDOUS SUBSTANCE IN A MANNER THAT DOES NOT CAUSE OR
CONTRIBUTE TO A RELEASE OR SIGNIFICANTLY INCREASE THE THREAT OF
RELEASE OF A HAZARDOUS SUBSTANCE AT THE SITE IF:

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