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<br />08.06.2008
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<br />200807161
<br />
<br />File No. 16-471
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<br />to which Trustor is a party or by which it or any of its properties are bound, or constitutes or will
<br />constitute a default thereunder, or results or will result in the creation or imposition of any lien of
<br />any nature whatsoever upon any of its property or assets pursuant to the terms of any such
<br />agreement or instrument except the liens created or permitted by the Loan Documents to which
<br />it is a party.
<br />
<br />Section 1.28. Enforceabllitv. This Deed of Trust and each of the other Loan
<br />Documents to which Trustor is a party have been duly executed and delivered by Trustor and
<br />constitute valid and binding obligations of Trustor, enforceable in accordance with their
<br />respective terms, except as the enforceability (but not the validity thereof) may be limited by
<br />bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the
<br />enforcement of creditors' rights generally.
<br />
<br />Section 1.29. Pendina Litiaatlon. There are no proceedings pending or, to the
<br />knowledge of Trustor threatened, against or affecting Trustor in any court or before any
<br />governmental authority or arbitration board or tribunal which if adversely determined would
<br />materially and adversely affect the properties, business, prospects, profits or condition (financial
<br />or otherwise) of Trustor or the right or ability of Trustor to enter into the Loan Documents to
<br />which it is a party, and if any such proceedings are subsequently initiated or threatened then
<br />Trustor will promptly provide written notice to Beneficiary. Trustor is not in default with respect
<br />to any order of any court or governmental authority or arbitration board or tribunal.
<br />
<br />Section 1.30. Compliance With law. Trustor is in compliance with all laws,
<br />ordinances, governmental rules or regulations to which it is subject, including, without limitation,
<br />the Occupational Safety and Health Act of 1970, the Employee Retirement Income Security Act
<br />of 1974 and all laws, ordinances, governmental rules or regulations relating to environmental
<br />protection the violation of which would materially and adversely affect the properties, business,
<br />prospects, profits or condition (financial or otherwise) of Trustor.
<br />
<br />Section 1.31. Appointment of Successor Trustee. If Trustee shall die, be dissolved
<br />or become disqualified from acting in the execution of this trust, or shall fail or refuse to execute
<br />the same when requested by Beneficiary to do so, or if, for any reason, Beneficiary shall prefer
<br />to appoint a substitute Trustee to act instead of Trustee named herein, Beneficiary shall have
<br />full power, subject to applicable law, to appoint, by written instrument, a substitute Trustee, and,
<br />if necessary, several substitute Trustees in succession, who shall succeed to all the estate,
<br />rights, powers and duties of the original Trustee named herein. Such appointment may be
<br />executed by any authorized agent of Beneficiary, and, if Beneficiary is a corporation or limited
<br />partnership, and such appointment is executed in its behalf by any officer of such corporation or
<br />general partner of SuCh limited partnership, such appointment shall be conclusively presumed to
<br />be executed with authority and shall be valid and sufficient without proof of any action by the
<br />board of directors or any superior officer of the corporation or further partnership action in the
<br />event of a limited partnership.
<br />
<br />Section 1.32. Transfer of Interests in MortaaQed Propertv. Trustor shall not, by
<br />operation of law or otherwise, sell, convey, alienate, transfer, mortgage, encumber or assign
<br />ownership or control of all or any part of the Mortgaged Property or any interest therein, without
<br />the consent of Beneficiary.
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<br />Section 1.33. Lease Provisions. Any lease of all or any part of the Mortgaged
<br />Property by Trustor permitted under this Deed of Trust shall contain a provision obligating such
<br />lessee to enter into a subordination, attornment and nondisturbance agreement with
<br />Beneficiary, in form and substance satisfactory to Beneficiary.
<br />
<br />Section 1.34. Financial Statements. Trustor shall provide Beneficiary, no later than
<br />May 1 of each calendar year:
<br />
<br />(a) Trustor's annual operating statement with respect to the Mortgaged
<br />Property for the immediately preceding calendar year and a current financial statement
<br />of Trustor;
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<br />(b) The current financial statement of each member of Trustor;
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<br />(c) A copy of Trustor's federal income tax return for the immediately
<br />preceding year;
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<br />Deed of Trust, Security Agreement and Assignment of Rents, Page 12
<br />#553480-v1
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