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200107250 29. Attorneys' Fees. Without limiting Grantor's other obligations under this Deed of Trust and the other Loan Documents, Grantor agrees to bear all expenses (including reasonable attorneys' fees incurred for legal services of every kind) of or incidental to the enforcement of any of the provisions of this Deed of Trust, or defending or asserting the rights and claims of the Beneficiary in respect hereof, by litigation or otherwise, including without limitation, reasonable attorneys' fees incurred and other costs and expenses incurred in prosecuting an action to foreclose this Deed of Trust. All such legal fees and other costs and expenses shall be deemed part of the Obligations secured by this Deed of Trust. 30. Inspections. Beneficiary, or any person designated by Beneficiary in writing, shall have the right, from time to time hereafter, to call at the Premises (or at any other place of Grantor where records relating thereto are kept or located) during Grantor's normal business hours and upon reasonable notice and, without hindrance or delay, to make such inspection and verification of the Premises, and the affairs, finances and business of Grantor in connection with the Premises, as Beneficiary may consider reasonable under the circumstances, and to discuss the same with any agents or employees of Grantor. 31. Severability. In the event any one or more of the provisions contained in this Deed of Trust or in the Note shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall, at the option of the Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein. 32. Interest Rate Provisions. Nothing in this Deed of Trust, the Note, or any other Loan Documents shall require the Grantor to pay, or the Beneficiary to accept, interest in an amount which would subject the Beneficiary to any penalty or forfeiture under applicable law. In the event that the payment of any charges, fees or other sums due hereunder or under the Note or any such other agreement, which are or could be held to be in the nature of interest and which would subject the Beneficiary to any penalty or forfeiture under applicable law, then ipso facto, the obligations of the Grantor to make such payment shall be reduced to the highest rate authorized under applicable law. Should the Beneficiary receive any payment which is or would be in excess of the highest rate authorized under law, such payment shall have been, and shall be deemed to have been, made in error, and shall automatically be applied to reduce the outstanding balance of the Obligations. 33. Time of Essence. Time is of the essence with respect to the provisions of this Deed of Trust which may relate to or result in an Event of Default. 34. Satisfaction of Deed of Trust. Upon full payment and satisfaction of all the Obligations, at the time and in the manner provided in the Loan Agreement, or upon satisfaction of the conditions set forth in the Loan Agreement for release of the Mortgaged Property from this Deed of Trust a satisfaction of mortgage or reconveyance of the Mortgaged Property shall promptly be provided by Beneficiary to Grantor. -17- 003.302830.1