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<br />200704125
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<br />on account of the Obligations does not exceed the maximum rate of interest permitted by law
<br />from time to time in effect and applicable to the Obligations for so long as the Obligations are
<br />outstanding.
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<br />11. Books and Records. Grantor will maintain full and accurate books of accounts and other
<br />records reflecting the results of the operations of the Trust Property and will furnish, or cause to
<br />be furnished, to Beneficiary such information with respect to the operation of the Trust Property
<br />as Beneficiary from time to time reasonably may request, all in accordance with the provisions of
<br />the Loan Agreement.
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<br />12. Performance of Other Agreements. Grantor shall observe and perform in all material
<br />respects the terms to be observed or performed by Grantor under any agreement or recorded
<br />instrument affecting or pertaining to the Trust Property, the failure to perform which would have
<br />a Material Adverse Effect.
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<br />13. Further Acts, etc. Grantor will, at the cost of Grantor, and without expense to
<br />Beneficiary or Trustee, do, execute, acknowledge and deliver all and every such further acts,
<br />deeds, conveyances, mortgages, assignments, notices of assignment, Uniform Commercial Code
<br />financing statements or continuation statements, transfers and assurances as Beneficiary shall,
<br />from time to time, reasonably require, for the better assuring, conveying, assigning, transferring,
<br />and confirming unto Beneficiary and Trustee the property and rights hereby mortgaged, given,
<br />granted, bargained, sold, alienated, enfeoff ed, conveyed, confirmed, warranted, pledged,
<br />assigned and hypothecated or intended now or hereafter so to be, or which Grantor may be or
<br />may hereafter become bound to conveyor assign to Beneficiary and/or Trustee, or for carrying
<br />out the intention or facilitating the performance of the terms of this Deed of Trust or for filing,
<br />registering or recording this Deed of Trust. Grantor, on demand, will execute and deliver and,
<br />Grantor hereby authorizes Beneficiary to execute in the name of Grantor or without the signature
<br />of Grantor to the extent Beneficiary may lawfully do so, one or more financing statements,
<br />chattel mortgages or other instruments, to evidence more effectively the security interest of
<br />Beneficiary and Trustee in the Trust Property. Grantor grants to Beneficiary an irrevocable
<br />power of attorney coupled with an interest for the purpose of exercising the rights provided for in
<br />this section..
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<br />14. Recording of Deed of Trust, etc. Grantor forthwith upon the execution and delivery of
<br />this Deed of Trust and thereafter, from time to time, will cause this Deed of Trust, and any
<br />security instrument creating a lien or security interest or evidencing the lien hereof upon the
<br />Trust Property and each instrument of further assurance to be filed, registered or recorded in such
<br />manner and in such places as may be required by any present or future law in order to publish
<br />notice of and fully to protect the lien or security interest hereof upon, and the interest of
<br />Beneficiary and Trustee in, the Trust Property. Grantor will pay all filing, registration or
<br />recording fees, and all reasonable expenses incident to the preparation, execution and
<br />acknowledgment of this Deed of Trust, any mortgage supplemental hereto, any security
<br />instrument with respect to the Trust Property and any instrument of further assurance, and all
<br />federal, state, county and municipal, taxes, duties, imposts, assessments and charges arising out
<br />of or in connection with the execution and delivery of this Deed of Trust, any mortgage
<br />supplemental hereto, any security instrument with respect to the Trust Property or any instrument
<br />of further assurance (other than income or franchise taxes imposed on Beneficiary), except where
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