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201301627 <br /> 11. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If <br /> T rustor breaches any covenant in this Security Instrument, Trustor agrees to pay all expenses <br /> Beneficiary incurs in performing such covenants or protecting its security interest in the Property. <br /> Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise <br /> protecting the Property and Beneficiary's security interest. These expenses are payable on demand and <br /> will bear interest from the date of payment until paid in full at the highest rate of interest in effect as <br /> provided in the terms of the Secured Debt. "Trustor agrees to pay all costs and expenses incurred by <br /> Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security <br /> Instrument. This amount may include, but is not limited to, Trustee's fees, court costs, and other legal <br /> expenses. To the extent permitted by the United States Bankruptcy Code, Trustor agrees to pay the <br /> reasonable attorneys' fees Beneficiary incurs to collect the Secured Debt as awarded by any court <br /> exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect <br /> until released. Trustor agrees to pay for any recordation costs of such release. <br /> 12. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, <br /> (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, <br /> Compensation and Liability Act (CERCLA, 42 U S C. 9601 et seq.). and all other federal, state and <br /> local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters <br /> concerning the public health, safety, welfare, environment or a hazardous substance; and <br /> (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or <br /> contaminant which has characteristics which render the substance dangerous or potentially dangerous <br /> to the public health, safety, welfare or environment. The term includes, without limitation, any <br /> substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous <br /> substance" under any Environmental Law, <br /> Trustor represents. warrants and agrees that: <br /> A.Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous <br /> Substance is or will be located, stored or released on or in the Property. This restriction does not <br /> apply to small quantities of Hazardous Substances that are generally recognized to be appropriate <br /> for the normal use and maintenance of the Property. <br /> B Except as previously disclosed and acknowledged in writing to Beneficiary. Trustor and every <br /> tenant have been, are, and shall remain in full compliance with any applicable Environmental <br /> Law. <br /> C.Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous <br /> Substance occurs on, under or about the Property or there is a violation of any Environmental <br /> Law concerning the Property. In such an event, 'Trustor shall take all necessary remedial action <br /> in accordance with any Environmental Law. <br /> D.Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe <br /> there is any pending or threatened investigation, claim, or proceeding relating to the release or <br /> threatened release of any Hazardous Substance or the violation of any Environmental Law. <br /> 13. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, <br /> Trustor will not he required to pay to Beneficiary funds for taxes and insurance in escrow. <br /> 14. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS <br /> BOUND. All duties under this Security Instrument are joint and individual. if Trustor signs this <br /> Security Instrument but does not sign an evidence of debt, Trustor does so only to mortgage Frustor's <br /> interest in the Property to secure payment of the Secured Debt and Trustor does not agree to he <br /> personally liable on the Secured Debt. If this Security Instrument secures a guaranty between <br /> Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from <br /> bringing any action or claim against 1 rustor or any party indebted under the obligation. these rights <br /> may include. but are not limited to, any anti-deficiency or one-action laws. The duties and benefits of <br /> this Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br /> (page 6 of 91 <br /> 1994 N'oHcc Kluwer rinannal5ervmes-Bankers Systems" Fenn USAAHt01-NF 60512012 <br />