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<br />(p) Tazes on this Deed of Trust. In the event of the enactment after this date of any law of any
<br />governmental entity applicable to Beneficiary, any promissory note given in connection therewith, the Mortgaged
<br />Property or this Deed of Trust deducting from the value of property for the purpose of taxation any lien or security
<br />interest thereon, or imposiag upon Beneficiary the payment of the whole or any part of the taaces or assessments or
<br />charges or liens herein required to be paid by Trustor, or changing in any way the laws relating to the taxation of
<br />mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the
<br />Beneficiary or secured party in the property covered thereby, or the manner of collection of such ta�ces, so as to
<br />affect this Deed of Trust, the Obligations or Beneficiary, then, and in any such event, Trustor, upon demand by
<br />Beneficiary, shall pay such taxes, assessments, charges or liens, or reimburse Beneficiary therefor, provided,
<br />however, that if in the opinion of counsel for Beneficiary (i) it might be unlawful to require Trustor to make such
<br />payment or (ii) the making of such payment might result in the imposirion of interest beyond the maximum amount
<br />permitted by law, then and in such event, Beneficiary may elect, by notice in writing given to Trustor, to declare all
<br />of the Obligations to be and become due and payable sixty (60) days from the giving of such notice.
<br />(c� Statement Concerning this Deed of Trust. Trustor shall at any time and from time to time
<br />furnish within seven (7) business days of request by Beneficiary a written statement in such form as may be required
<br />by Beneficiary stating that (i) this Deed of Trust and the other Credit Documents are valid and binding obligations of
<br />Trustor, enforceable against Trustor in accordance with their terms; (ii) the unpaid principal balance of the
<br />Obligations; (iii) the date to which interest on the Obligations is paid; (iv) that this Deed of Trust and the other
<br />Credit Documents have not been released, subordinated or modified; and (v) that there are no offsets or defenses
<br />against the enforcement of this Deed of Trust or any other Credit Document. If any of the foregoing statements are
<br />untrue, Trustor shall, alternatively, specify the reasons therefor.
<br />(r) Authorization to file Financing statements. Beneficiary authorizes Trustor to file such fmancing
<br />statements as Trustor deems necessary to perfect its security interest in the Collateral or to otherwise prevent its
<br />security interest therein from becoming unperfected and to amend or continue such financing statements.
<br />Beneficiary agrees to pay the costs and expenses incurred by Beneficiary in making such filings.
<br />Section 2.2 Performance by Beneficiary on Trustor's Behal£ Trustor agrees that, if Trustor fails to
<br />perform any act or to take any action which under any Credit Document Trustor is required to perform or take, or to
<br />pay any money which under any Credit Document Trustor is required to pay, and whether or not the failure then
<br />constitutes a default hereunder or thereunder, and whether or not there has occurred any default or defaults
<br />hereunder or the Obligations has been accelerated, Beneficiary, in Trustor's name or its own name, may, but shall
<br />not be obligated to, perform or cause to be perFormed such act or take such action or pay such money, and any
<br />expenses so incurred by Beneficiary and any money so paid by Beneficiary shall be an Obligation owing by Trustor
<br />to Beneficiary (which obligation Trustor hereby promises to pay on demand of Beneficiary), and Beneficiary, upon
<br />making such payment, shall be subrogated to all of the rights of the person, entity or body poliric receiving such
<br />payment. Beneficiary and its designees shall have the right, upon reasonable prior written notice to Trustor (no
<br />notice being required in the event of an emergency), to enter upon the Mortgaged Property at any time and from
<br />time to time for any such purposes. No such payment or performance by Beneficiary shall waive or cure any default
<br />or waive any right, remedy or recourse of Beneficiary. Any such payment may be made by Beneficiary in reliance
<br />on any statement, invoice or claim without inquiry into the validity or accuracy thereof. Each amount due and owing
<br />by Trustor to Beneficiary pursuant to this Deed of Trust shall bear interest, from the date such amount becomes due
<br />until paid, at the Default Rate, which interest shall be payable to Beneficiary on demand; and an such amounts,
<br />together with such interest thereon, shall automarically and without notice be a part of the Obligations. The amount
<br />and nature of any expense by Beneficiary hereunder and the time which paid shall be fully established by the
<br />certificate of Beneficiary or any of Beneficiary's officers or agents.
<br />Section 2.3 Absence of Obligations of Beneficiary with Respect to Mortgaged Property.
<br />Notwithstanding anything in this Deed of Trust to the contrary, including, without limitation, the definition of
<br />"Mortgaged Property" and/or the provisions of Article 3 hereof, (i) to the extent permitted by applicable law, the
<br />Mortgaged Property is composed of Trustor's rights, ritle and interests therein but not Trustor's obligations, duties
<br />or liabilities pertaining thereto, (ii) Beneficiary neither assumes nor sha11 have any obligations, duties or liabilities in
<br />connecrion with any portion of the items described in the definirion of "Mortgaged Property" herein, either prior to
<br />or after obtaining title to such Mortgaged Property, whether by foreclosure sale, the granting of deed in lieu of
<br />foreclosure or otherwise, and (iii) Beneficiary may, at any time prior to or after the acquisition of title to any portion
<br />DOCS/1045503.1
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