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201400400 otherwise be made or claimed from the assessed value of the Mortgaged Property, or any part thereof, for real estate tax purposes by reason of this Security Instrument or the Debt. In the event such claim, credit or deduction shall be required by law, Lender shall have the option, by written notice of not less than one hundred twenty (120) days, to declare the Debt immediately due and payable. Any prepayment made pursuant to this paragraph shall be without Prepayment Consideration or any other prepayment consideration. 13. Documentary Stamps. If at any time the United States of America, any state or commonwealth thereof or any subdivision of any such state or commonwealth shall require revenue or other stamps to be affixed to the Note or this Security Instrument, or impose any other tax or charge on the same, Borrower will pay for the same, with interest and penalties thereon, if any. 14. Usury Laws. This Security Instrument and the Note are subject to the express condition that at no time shall Borrower be obligated or required to pay interest on the Debt at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the maximum interest rate which Borrower is permitted by law to contract or agree to pay. If by the terms of this Security Instrument or the Note, Borrower is at any time required or obligated to pay interest on the Debt at a rate in excess of such maximum rate, the rate of interest under the same shall be deemed to be immediately reduced to such maximum rate and the interest payable shall be computed at such maximum rate and all previous payments in excess of such maximum rate shall be deemed to have been payments in reduction of the principal and not on account of the interest due hereunder. 15. Books and Records. Borrower shall keep adequate books and records of account in accordance with sound accounting principles on a modified cash basis or a federal income tax basis, in either case consistently applied and furnish to Lender upon Lender's request: (a) unaudited financial statements of Borrower for the year just ended, including balance sheet and statement of income and expenses certified as true and correct by an officer, general partner or manager of the Borrower (provided, however, that Borrower shall not be required to provide such financial statements until at least ninety (90) days following the end of the applicable fiscal year); (b) copies of all tax returns filed by Borrower within twenty (20) days after the filing thereof; and (c) copies of all financial information received by Borrower under the Lease within twenty (20) days after receipt thereof. Borrower shall provide Lender with such additional financial or management information with respect to Lessee or the Mortgaged Property as Lender may reasonably request, provided that in the case of Lessee any such additional information is available to Borrower pursuant to the terms and provisions of the Lease. 16. Performance of Other Agreements. Borrower shall observe and perform or cause Lessee to observe or perform each and every term to be observed or performed by Borrower pursuant to the terms of any agreement or recorded instrument affecting or pertaining to the Mortgaged Property, including, without limitation, any reciprocal easement, operating or similar agreement, and if Borrower shall fail to so observe and perform, or cause to be so observed and performed by Lessee, any such terms, Lender and its agents, employees, contractors, engineers, architects and other representatives shall have the right to so observe and perform such terms. - 30 -