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201400400
<br />perfection of the security interests granted herein; and Borrower
<br />shall pay all related filing costs as well as costs and expenses of
<br />any record searches for such statements that Lender may require."
<br />8. The sixth sentence of Paragraph 32(b) of this Security Instrument is amended and
<br />restated in its entirety as follows:
<br />"Borrower covenants and agrees, at Borrower's sole cost and
<br />expense, to indemnify, defend (at trial and appellate levels, and
<br />with attorneys, consultants and experts selected by Borrower and
<br />acceptable to Lender), and hold Lender harmless for, from and
<br />against any and all liens, damages, losses, liabilities, obligations,
<br />settlement payments, penalties, assessments, citations, directives,
<br />claims, litigation, demands, defenses, judgments, suits,
<br />proceedings, costs, disbursements or expenses of any kind or of
<br />any nature whatsoever (including, without limitation, reasonable
<br />attorneys', consultants' and experts' fees and disbursements
<br />actually incurred in investigating, defending, settling or
<br />prosecuting any claim, litigation or proceeding) (collectively,
<br />"Costs ") which may at any time be imposed upon, incurred by or
<br />asserted or awarded against Lender or the Mortgaged Property, and
<br />arising directly or indirectly from or out of: (i) the presence,
<br />release or threat of release of any Hazardous Substances (except
<br />those substances stored, used or sold by Borrower, Lessee or other
<br />tenants of the Mortgaged Property in the ordinary course of their
<br />respective businesses and in compliance with applicable
<br />Environmental Laws) on, in, under or affecting all or any portion
<br />of the Mortgaged Property or any surrounding areas caused by
<br />Borrower or its agents; (ii) the violation of any applicable
<br />Environmental Laws relating to or affecting the Mortgaged
<br />Property; (iii) the failure by Borrower or its agents to comply fully
<br />with the terms and conditions of this paragraph 32; (iv) the breach
<br />of any representation or warranty contained in this paragraph 32;
<br />or (v) the enforcement of this paragraph 32, including, without
<br />limitation, the cost of assessment, containment and/or removal of
<br />any and all Hazardous Substances (except those substances stored,
<br />used or sold by Borrower, Lessee or other tenants of the
<br />Mortgaged Property in the ordinary course of their respective
<br />businesses and in compliance with applicable Environmental
<br />Laws) from all or any portion of the Mortgaged Property or any
<br />surrounding areas, the cost of any actions taken in response to the
<br />presence, release or threat of release of any Hazardous Substances
<br />(except those substances stored, used or sold by Borrower, Lessee
<br />or other tenants of the Mortgaged Property in the ordinary course
<br />of their respective businesses and in compliance with applicable
<br />Environmental Laws) on, in, under or affecting any portion of the
<br />Mortgaged Property or any surrounding areas to prevent or
<br />- 75 -
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