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86- 106927 1.13 Financial Statements. The Trustor shall deliver to Beneficiary, within ninety (90);, days after the end of each of Trustor'rs fiscal years, an operating statement, a balarce sheet and ,statement of profit and loss with respect to the operation of Premises. 1.14 Time. The Trustor agrees with respect to the Indebtedness that time is of the essence hereby in connection with all obligations of the Trustor herein under the Credit Agreement, any Notes, any other indebtedness hereby secured, or any other instruments constituting additional security for the Indebtedness. 1.15 Estoppel Certificates. The Trustor within ten (10) days after written request shall furnish a duly acknowledged written statement setting forth the amount of the debt secured by this Deed of Trust, and stating either that no setoffs or defenses exist against the Deed of Trust debt, or, if such setoffs or defenses are alleged to exist, the nature thereof. 1.16 Records. The Trustor agrees to keep adequate books and records of account in accordance with generally accepted accounting principles for a modified cash basis method of accounting and will permit the Beneficiary and its agents, accountants and attorneys, to visit and inspect the Premises and examine its books and records of account, and to discuss its affairs, finances and accounts with the Tnistor, at such reasonable times as Beneficiary may request. 1.17 Assignment of Rents and Leases. Trustor agrees to execute and deliver to Beneficiary such assignments of leases and rents applicable to the Premises as Beneficiary may from time to time request while this Deed of Trust and the debt secured hereby are outstanding. The Trustor shall not (a) execute (except as noted above) an assignment of the rents or any part thereof from the Premises, or (b) execute any lease of any portion of the Premises without the prior written approval of Beneficiary; provided, however, that Beneficiary's consent shall be deemed given if Beneficiary does not disapprove such lease within ten (10) business days after receipt of a written request therefor from Borrower, accompanied by a copy of the proposed lease and credit information on the tenant, or (c) terminate or consent to the cancellation or surrender of any lease or tenancy of the Premises or of any part thereof, now existing or hereafter to be made, having an unexpired term of six (6) months or more, except upon an event of default under any such lease for the non - payment of rents, or (d) modify, alter or amend any such lease or tenancy including but without limitation, shortening the unexpired term thereof or decreasing the amount of the rents payable thereunder, or (e) accept prepayments more than thirty (30) days prior to the due date of any installments of rents to become due and payable under such leases or tenancies, except prepayments in the nature of security for the performance of the lessees thereunder, or (f) -12- i,K.;