OR IN ANY
OTHER LOAN DOCUMENT OR IN THE EXECUTION OR ACKNOWLEDGMENT THEREOF; (II)
12
EXECUTE, ACKNOWLEDGE, DELIVER, RECORD AND/OR FILE SUCH FURTHER INSTRUMENTS
(INCLUDING, FURTHER DEEDS OF TRUST, SECURITY AGREEMENTS, FINANCING STATEMENTS,
CONTINUATION STATEMENTS AND ASSIGNMENTS OF RENTS) AND PERFORM SUCH FURTHER ACTS
AND PROVIDE SUCH FURTHER ASSURANCES AS MAY BE NECESSARY, DESIRABLE, OR PROPER,
IN BENEFICIARY'S OPINION, TO CARRY OUT MORE EFFECTIVELY THE PURPOSES OF THIS
DEED OF TRUST AND THE LOAN DOCUMENTS AND TO SUBJECT TO THE ABSOLUTE ASSIGNMENTS,
LIENS AND SECURITY INTERESTS HEREOF AND THEREOF ANY PROPERTY INTENDED BY THE
TERMS HEREOF OR THEREOF TO BE COVERED HEREBY OR THEREBY, INCLUDING WITHOUT
LIMITATION, ANY RENEWALS, ADDITIONS, SUBSTITUTIONS, REPLACEMENTS, OR
APPURTENANCES TO THE MORTGAGED PROPERTY; (III) EXECUTE, ACKNOWLEDGE, DELIVER,
PROCURE, FILE, AND/OR RECORD ANY DOCUMENT OR INSTRUMENT (INCLUDING WITHOUT
LIMITATION, ANY FINANCING STATEMENT) DEEMED ADVISABLE BY BENEFICIARY IN
BENEFICIARY'S SOLE DISCRETION TO PROTECT THE LIENS AND THE SECURITY INTERESTS
HEREIN GRANTED AGAINST THE RIGHTS OR INTERESTS OF THIRD PERSONS; AND (IV) PAY
ALL COSTS CONNECTED WITH ANY OF THE FOREGOING.
4.9
STATEMENT OF UNPAID BALANCE. AT ANY TIME AND FROM TIME TO TIME,
GRANTOR WILL FURNISH PROMPTLY, UPON THE REQUEST OF BENEFICIARY, A WRITTEN
STATEMENT OR AFFIDAVIT, IN FORM SATISFACTORY TO BENEFICIARY, STATING THE UNPAID
BALANCE OF THE INDEBTEDNESS AND THAT THERE ARE NO OFFSETS OR DEFENSES AGAINST
FULL PAYMENT OF THE INDEBTEDNESS AND THE TERMS HEREOF, OR IF THERE ARE ANY SUCH
OFFSETS OR DEFENSES, SPECIFYING THEM.
4.10
EXPENSES. GRANTOR WILL PAY ON DEMAND ALL REASONABLE AND BONA FIDE
OUT-OF-POCKET COSTS, FEES, AND EXPENSES AND OTHER EXPENDITURES, INCLUDING, BUT
NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND EXPENSES, PAID OR INCURRED BY
BENEFICIARY OR TRUSTEE TO THIRD PARTIES INCIDENT TO THIS DEED OF TRUST OR ANY
OTHER LOAN DOCUMENT (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES
AND EXPENSES IN CONNECTION WITH THE NEGOTIATION, PREPARATION, AND EXECUTION
HEREOF AND OF ANY OTHER LOAN DOCUMENT AND ANY AMENDMENT HERETO OR THERETO, ANY
RELEASE HEREOF, ANY CONSENT, APPROVAL OR WAIVER HEREUNDER OR UNDER ANY OTHER
LOAN DOCUMENT, THE MAKING OF ANY ADVANCE UNDER THE NOTE, AND ANY SUIT TO WHICH
BENEFICIARY OR TRUSTEE IS A PARTY INVOLVING THIS DEED OF TRUST OR THE MORTGAGED
PROPERTY) OR INCIDENT TO THE ENFORCEMENT OF THE INDEBTEDNESS OR THE OBLIGATIONS
OR THE EXERCISE OF ANY RIGHT OR REMEDY OF BENEFICIARY UNDER ANY LOAN DOCUMENT.
4.11
ADDRESS. GRANTOR SHALL GIVE WRITTEN NOTICE TO BENEFICIARY AND
TRUSTEE OF ANY CHANGE OF ADDRESS OF GRANTOR AT LEAST FIVE (5) BUSINESS DAYS
PRIOR TO THE EFFECTIVE DATE OF SUCH CHANGE OF ADDRESS. ABSENT SUCH OFFICIAL
WRITTEN NOTICE OF A CHANGE IN ADDRESS FOR GRANTOR, BENEFICIARY AND TRUSTEE SHALL
BE ENTITLED FOR ALL PURPOSES UNDER THE LOAN DOCUMENTS TO RELY UPON GRANTOR'S
ADDRESS AS SET FORTH IN THE INITIAL PARAGRAPH OF THIS DEED OF TRUST, AS SAME MAY
HAVE BEEN THERETOFORE CHANGED IN ACCORDANCE WITH THE PROVISIONS HEREOF.
4.12
ERISA. IF AND TO THE EXTENT THAT GRANTOR IS OBLIGATED UNDER ANY
PLAN GOVERNED BY OR SUBJECT TO ERISA, GRANTOR