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�0��049�� mortgages or security agreements or debts secured by' a�ortgages or security agreements or the interest of the Beneficiary or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect this Deed of Trust, the Obligations or Beneficiary; then; and in any such evenr�, Trustor, upon demand by Benefioiary, shall pay su�ch taxes, assessments, charges or liens, or reimburse Beneficiary therefor, provided, how�ver, that if in the opinion of counsel for Beneficiary (i) it might be unlawful to reyuire Trustor to make such pa,yment or (ii) the making of such payment might result in the imposition of interest beyond the maximum amount permitted by law, then and in such event, Beneficiary may. elect, by notice in writing given to Trustor, to declare all of the Obligations to be and become due and payable sixty (60) days from the giving of such notice. (q) Statement Concerning this Deed of Trust. Trustor shall at any time and from time to time furnish within seven (7) business days of request by Beneficiary a written statement in such form as may be required by Beneficiary stating that (i) this Deed of Trust and the other Loan Documents are valid and binding obligations of Trustor, enforceable agaimst Trustor in accordance with their terms; (ii) the unpaid principal balance of the Obligations; (iii) the date to which interest on the Obligations is paid; (iv) that this Deed of Trust and the other Loan Documents have not been released, subordinated or modified; and (v) that there are no offsets or defenses against the enforcement of this Deed of Trust or any other Loan Document. If any of the foregoing statements are untrue, Trustor shall, alternatively, specify the reasons therefor. (r) Authorization to file financing statements. Beneficiary authorizes Trustor to file such financing statements as Trustor deems necessary to perfect its seciarity interest in the Collateral or to otherwase prevent its security interest therein from becoming unperfected and to amend or continue such financing statements. Beneficiary agrees to pay the costs and expenses incurred by Beneficiary in making such filings. Section 2.2 �'erformance by Beneficiary an Trustor's Behalf. Tnzstor agrees that, if Trustor fails to perform any act or to take any action which under any Loan Document Trustor is required to perform or take, or to pay any money which under any Loan Document Trustar is required to pay, and whether or not the failure then constitutes a default hereunder or thereunder, and whether or not there has occurred any default or defaults hereunder or the Obligations has been accelerated, Beneficiary, in Trustor's name or its own name, tnay, but shall not be obligated to, perfa�m or cause ta be performed such act or take such action or pay such money, and any expenses so incurred by Beneficiaty and any money so paid by Beneficiary sha11 be an Obligation owing by Trustor to Beneficiary (which obligation Trustor hereby promises to pay on demand of Beneficiary), and �eneficiary, upon making such payment, shall be subrogated to all of the rights of the person, entity or body politic receiving such payment. Beneficiary and its designees shall have the right, upon reasonable prior written notice to Trustor (no notice being reyuired in the event of an emergency), to enter upon the Mortgaged Property at any time and from time to time for any such purposes. No such payment or performance by Beneficiary shall waive or c�re any default or waive any right, remedy or recourse of Beneficiary. Any such pa}�ment may be made by Beneficiary in reliance on any statement, invoice or claim without inquiry into the validity or accuracythereof. Each amount due and owing by Trustor to Beneficiary pursuant to this Deed of Trust shall bear interest, from the date such amount becomes due until paid, at the Default Rate, which interest shall be payable to Beneficiary on demand; and an such amounts, together with such interest thereon, shall automatically and without n�tice be a part of the Obligations. The amount and nature of any expense by Beneficiary hereunder and the time which paid shall be fully established by the certificate of Beneficiary or any of Beneficiary's officers or agents. Section 2.3 Absence of Obligations of Beneficiary with Respect to Mortgaged Property. Notwithstanding anything in this Deed of Trust to the conirary, including, without limitation, the definition of "Mortgaged Properly" and/or the provisions of Article 3 hereof, (i) to the extent permitted by a�plicable law, the Mortgaged Property is composed of Trustor's rights, title and interests therein but not Trustor's obligations, duties or liabilities pertaining thereto, (ii) Beneficiary neither assumes nor shall have any obligations, duties or liabilities in connection with any portion of the items described in the definition of "Mortgaged Property" herein, either prior to or after obtaining title to such Mortgaged Properiy, whether by foreclosure sale, the granting of deed in lieu of foreclosure or otherwise, and (iii) Beneficiary may, at anytime prior to or after the acquisition of title io any portion of the Mortgaged Property as above described, advise any pariy in writing as to the extent of Beneficiary's interest therein and/or expressly disaffirm in writing any rights, interests, obligations, duties and/or liabilities iWith respect to such Mortgaged Property or matters related thereto. Without limiting the generality of the foregoing, it is understood and agreed that Beneficiary shall have no obligations, duties or liabilities prior to or after acquisition of title to any portion of the Mortgaged Property, as lessee under any lease or purchaser or seller under any cont�act or option unless Beneficiary elects otherwise by written notification.