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99 �U �758
<br /> of disbursement at the rate of FIFTEEN AND THREE FOURTHS PERCENT (15.75%), unless
<br /> payment of interest at such rate would be contrary to applicable law, in which event such
<br /> amounts shall bear interest at the highest rate permissible under applicable law. Nothing
<br /> contained in this Paragraph 10 shall require Lender to incur any expense or take any action
<br /> hereunder.
<br /> �
<br /> 11. INSPECTION. Lender may make or cause to be made reasonable entries upon and
<br /> inspections of the Property, provided that Lender shall give Borrower notice prior to any such
<br /> inspection specifying reasonable cause thereof related to Lender's interest in the Property.
<br /> 12. REPRESENTATIONS AND WARRANTIES OF BORROWER. In order to
<br /> induce Lender to execute and deliver this Deed of Trust and perform hereunder, Borrower makes
<br /> the following representations and warranties to Lender, which representations and warranties
<br /> shall remain in effect throughout the term of this Deed of Trust, and shall survive and shall be
<br /> unaffected by any investigations, inspections or inquiries made by Lender, the recording of any of
<br /> the Loan Documents, or the performance by Lender and Borrower hereunder:
<br /> (a) Power: Borrower has full power and authority to own its properties,
<br /> carry on this business as now being conducted, and to enter into, deliver and
<br /> perform under this Deed of Trust.
<br /> (b) Authorization: Each of the Loan Documents, upon execution and
<br /> delivery to Lender, constitutes a legally valid and binding agreement of Borrower,
<br /> enforceable against Borrower in accordance with its terms, except as such
<br /> enforcement may be qualified or limited by bankruptcy, insolvency, or other
<br /> similar laws affecting creditors'rights in general.
<br /> (c) No Contravention: The execution, delivery, and performance of this
<br /> Deed of Trust by Borrower will not, immediately or with the passage of time, the
<br /> giving of notice or otherwise, result in (i) the breach of, or constitute a default
<br /> under, or in any manner release any party thereto from, or accelerate any
<br /> obligations under, any of the terms or provisions of any lease, security agreement,
<br /> mortgage, note, indenture, deed of trust, license, permit, contract, agreement, or
<br /> other instrument or document of any kind or nature to which Borrower is a party
<br /> of by which it or its property is bound or affected, or any restriction to which it or
<br /> its property is subject, (ii) the creation or acceleration of any lien or encumbrance
<br /> on the property of Borrower, (iii) a violation of any order, writ, injunction, or
<br /> decree by which Borrower is bound of any court, administrative agency, or
<br /> governmental body.
<br /> (d) Disclosure: No representation or warranty of Borrower in this Deed of
<br /> Trust or any statement or certificate furnished or to be furnished by Borrower
<br /> pursuant to this Deed of Trust or in connection with the transactions contemplated
<br /> herein contains or shall contain any untrue, inaccurate, or misleading statement of
<br /> material fact or omits to state a material fact necessary iri order to make a
<br /> statement contained therein not misleading.
<br /> (e) Financial Information: The most recent annual financial statements of
<br /> Borrower delivered to Lender during the loan application process at Lender's
<br /> request (Personal Financial Statements and Federal Income Tax Returns)
<br /> accurately present the financial condition of the persons referred to therein, as of
<br /> the dates therein indicated.
<br /> (fl Liti ation: No suits, actions, governmental investigations or inquiries,
<br /> proceeding (including, without limitation, condemnation or eminent domain
<br /> proceedings), or other litigation is pending or, to the best of Borrower's
<br /> knowledge,proposed or threatened, against or affecting Borrower, the Property, or
<br /> the Collateral which, singulazly or in the aggregate, if adversely determined,
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