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88_104L107 adversely affect the condition, business or prospects of Trustor, or any of its properties or to perform its obligation for the transactions contemplated hereby; (3) nei ther the financial statements of Trustor, nor any written statement furnished by Trustor, or on behalf of Trustor in connection with the negotiation of the loan secured hereby contains any untrue statement of a material fact or omits a material fact necessary to make the statements contained therein not misleading. There is no fact which Trustor has not disclosed to Beneficiary in writing which materially affects adversely, nor, so far as Trustor can foresee, will materially affect adversely the trust property or the business prospects, profits or condition (financial or otherwise) of Truster; (4) the loan secured hereby is a business loan, transacted solely for the purpose of carrying on, or acquiring, Trustor's business; (5) the borrowing and making of the loan secured hereby and the execution of the closing documents are not governed by, or if so governed, do not violate, the provisions of the Federal Equal Credit opportunity Act, as amended (P.L. 90-321), the Real Estate Settlement Procedures Act, as amended (P.L. 93-533), or the Federal Truth and Lending Act, as amended (P.L. 90-321), or similar state laws; (6) the Improvements thus far constructed upon the Real Estate have been completed in accordance with the approved plans and specifications, all legal requirements and the requirements of all insurers of the trust property. IT IS MUTUALLY AGREED THAT: 9. Li tigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property, whether or not it affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property, and either Trustee or Beneficiary is hereby authorized, without obligation so to do, to commence, appear in or defend any such action, whether brought by or against Trustor, Beneficiary or Trustee, or with or without suit, to exercise or enforce any other rights, remedy or power available or conferred hereunder, whether or not judgment be entered in any action or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding, and retain counsel therein; and take such action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends, Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee, inClUding costs of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not limited -9-