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201002498 <br />(iii) may make preparations following the occurrence of an Event of <br />Default hereunder for, and do work in connection with, Beneficiary's taking <br />possession of and managing the Premises, which event may or may not actually <br />occur; <br />(iv) may make preparations for and commence other private or public <br />actions to remedy an Event of Default hereunder, which other actions may or may <br />not be actually commenced; <br />(v) may enter into negotiations with Grantor or any of its agents, <br />employees or attorneys in connection with the existence or curing of any Event of <br />Default hereunder, the sale of the Premises, the assumption of liability for any of <br />the indebtedness represented by the Note, 2007 Note, the 2003 Loan Agreement <br />or the transfer of the Premises in lieu of foreclosure; or <br />(vi) may enter into negotiations with Grantor or any of its agents, <br />employees ar attorneys pertaining to Beneficiary's approval of actions taken ar <br />proposed to be taken by Grantor which approval is required by the terms of this <br />Deed of Trust. <br />(b) All expenses, charges, costs and fees described in this paragraph 30 <br />shall be so much additional indebtedness secured hereby, shall bear interest from the <br />date so incurred until paid at the Default Rate and shall be paid, together with said <br />interest, by Grantor forthwith upon demand. <br />31. Financial Statements. Grantor and Borrower hereby represent and warrant that <br />the financial statements for Grantor and the Premises and the Borrower previously submitted to <br />Beneficiary are true, complete and correct in all material respects, disclose all actual and <br />contingent liabilities of Grantor or relating to the Premises and those of the Borrower and do not <br />contain any untrue statement of a material fact or omit to state a fact material to such financial <br />statements. No material adverse change has occurred in the financial condition of Grantor, the <br />Premises or the Borrower from the dates of said financial statements until the date hereof. <br />Grantor and Borrower hereby covenant that Beneficiary shall be furnished financial statements <br />for Grantor and Borrower respectively, and the Premises, all in form, scope and detail and within <br />such time periods as required by the Loan Agreements and which are satisfactory to Beneficiary. <br />32. Statement of Indebtedness. Grantor, within ten (10) days after being so <br />requested by Beneficiary, shall furnish a duly acknowledged written statement setting forth the <br />amount of the debt secured by this Deed of Trust, the date to which interest has been paid and <br />stating either that no offsets or defenses exist against such debt or, if such offsets or defenses are <br />alleged to exist, the nature thereof. <br />33. Further Instruments. Upon request of Beneficiary, Grantor shall execute, <br />acknowledge and deliver all such additional instruments and further assurances of title and shall <br />do or cause to be done all such further acts and things as may reasonably be necessary fully to <br />effectuate the intent of this Deed of Trust and of the other Loan Documents. <br />22 <br />