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10. The following sentence shall be added at the end of paragraph 35 of this Security Instrument: 201400400 any property contiguous therewith; (g) to the extent not covered by insurance, any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Substance or asbestos; (h) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Substance or asbestos; (i) any violation of the Environmental Laws, which are based upon or in any way related to such Hazardous Substance or asbestos including, without limitation, the costs and expenses of any remedial action, reasonable attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses; and (j) any failure of the Mortgaged Property to comply with any Access Laws." "Although the Note, this Security Instrument and other documents and agreements given as security for the Debt are referred to collectively as the "Loan Documents" the separate Hazardous Substances Indemnity Agreement of even date herewith by Borrower and Indemnitor in favor of Lender (together with any replacement thereof, collectively, the " Hazardous Substances Indemnity ") is not a contract secured by this Security Instrument and no enforcement action under that Hazardous Substances Indemnity will be subject to the bar date for deficiency actions or any other limitation or restrictions set forth in A.R.S. § 33- 814." 11. Paragraph 37(111 of this Security Instrument is amended and restated in its entirety as follows: "Borrower shall indemnify Lender and defend and hold Lender and any and all its successors and assigns hereunder harmless for, from and against all civil penalties, cxcise taxes, or other loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and disbursements and costs incurred in the investigation, defense and settlement of claims and losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender and any and all of its successors and assigns hereunder may incur, directly or indirectly, as a result of a default under this paragraph. Subject to the provisions of paragraph 9(e) hereof, this indemnity shall survive any termination, satisfaction or foreclosure of this Security Instrument." - 77 -