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<br />200710396
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<br />11. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If
<br />Trustor 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.
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<br />12. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section,
<br />(I) Environmental Law means, without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act (CERCLA, 42 V.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.
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<br />Trustor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in wntmg 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.
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<br />13. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement,
<br />Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow.
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<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 Trustor's
<br />interest in the Property to secure payment of the Secured Debt and Trustor does not agree to be
<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 Trustor 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.
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<br />(page 6 of 9)
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<br />@1994Wolters Kluwer FinancialServices - Bankers Systems" Form USAAHEDT-NE 6/15/2007
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