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201203748 Grantor to make such payment or (ii) the making of such payment might result in the imposition of interest beyond the maximum amount permitted by law, then and in such event, Beneficiary may elect, by notice in writing given to Grantor, to declare all of the Obligations to be and become due and payable sixty (60) days from the giving of such notice. (q) Statement Concerning this Deed of Trust. Grantor shall at any time and from time to time furnish within seven (7) days of request by Beneficiary a written statement in such form as may be required by Beneficiary stating that (i) this Deed of Trust and the other Credit Documents are valid and binding obligations of Grantor, enforceable against Grantor in accordance with their terms; (ii) the unpaid principal balance of the Obligations; (iii) the date to which interest on the Obligations is paid; (iv) that this Deed of Trust and the other Credit Documents have not been released, subordinated or modified; and (v) that there are no offsets or defenses against the enforcement of this Deed of Trust or any other Credit Document. If any of the foregoing statements are untrue, Grantor shall, alternatively, specify the reasons therefor. (r) Authorization to file financing statements. Beneficiary authorizes Grantor to file such financing statements as. Grantor deems necessary to perfect its security interest in the Collateral or to otherwise prevent its security interest therein from becoming unperfected and to amend or continue such financing statements. Beneficiary agrees to pay the costs and expenses incurred by Beneficiary in making such filings. Section 2.2 Performance by Beneficiary on Grantor's Behalf. Grantor agrees that, if Grantor fails to perform any act or to take any action which under any Credit Document Grantor is required to perform or take, or to pay any money which under any Credit Document Grantor is required to pay, and whether or not the failure then constitutes a default hereunder or thereunder, and whether or not there has occurred any default or defaults hereunder or the Obligations has been accelerated, Beneficiary, in Grantor's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Beneficiary and any money so paid by Beneficiary shall be an Obligation owing by Grantor to Beneficiary (which obligation Grantor hereby promises to pay on demand of Beneficiary), and Beneficiary, upon making such payment, shall be subrogated to all of the rights of the person, entity or body politic receiving such payment. Beneficiary and its designees shall have the right to enter upon the Mortgaged Property at any time and from time to time for any such purposes. No such payment or performance by Beneficiary shall waive or cure any default or waive any right, remedy or recourse of Beneficiary. Any such payment may be made by Beneficiary in reliance on any statement, invoice or claim without inquiry into the validity or accuracy thereof. Each amount due and owing by Grantor to Beneficiary pursuant to this Deed of Trust shall bear interest, from the date such amount becomes due until paid, at the Default Rate, which interest shall be payable to Beneficiary on demand; and an such amounts, together with such interest thereon, shall automatically and without notice be a part of the Obligations. The amount and nature of any expense by Beneficiary hereunder and the time which paid shall be fully established by the certificate of Beneficiary or any of Beneficiary's officers or agents. Section 2.3 Absence of Obligations of Beneficiary with Respect to Mortgaged Property. Notwithstanding anything in this Deed of Trust to the contrary, including, without Bolton Farm - Loan 195618 JM MDAI 1095245v] 0-0 05/03/2012 Page 14 of 31