ACCOUNT OF THE AFFECTED LENDER(S), AS APPLICABLE); PROVIDED,
HOWEVER, THAT IF IN THE OPINION OF COUNSEL FOR HOLDER (I) IT MIGHT BE UNLAWFUL
TO REQUIRE GRANTOR TO MAKE SUCH PAYMENT 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, HOLDER MAY ELECT, BY NOTICE IN WRITING GIVEN TO GRANTOR,
TO DECLARE ALL OF THE SECURED INDEBTEDNESS TO BE AND BECOME DUE AND PAYABLE
SIXTY (60) DAYS FROM THE GIVING OF SUCH NOTICE.
(R)
STATEMENT CONCERNING THE LOAN OR DEED OF
TRUST.
GRANTOR SHALL AT ANY TIME AND FROM TIME TO TIME FURNISH WITHIN SEVEN
(7) DAYS OF REQUEST BY HOLDER A WRITTEN STATEMENT IN SUCH FORM AS MAY BE
REQUIRED BY HOLDER STATING (I) THAT THIS DEED OF TRUST AND THE OTHER LOAN
17
DOCUMENTS ARE VALID AND BINDING OBLIGATIONS, AND ENFORCEABLE AGAINST GRANTOR IN
ACCORDANCE WITH THEIR TERMS; (II) THE AGGREGATE UNPAID PRINCIPAL BALANCE OF THE
LOAN; (III) THE DATE TO WHICH INTEREST ON THE LOAN 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.
ALTERNATIVELY, IF ANY OF THE
FOREGOING STATEMENTS IN CLAUSES (I), (IV) AND (V) ARE UNTRUE, GRANTOR SHALL
SPECIFY THE REASONS THEREFOR.
(S)
LETTER-OF-CREDIT RIGHTS.
IF GRANTOR IS AT
ANY TIME A BENEFICIARY UNDER A LETTER OF CREDIT (WHETHER OR NOT THE LETTER OF
CREDIT IS EVIDENCED BY A WRITING) RELATING TO THE PROPERTIES, RIGHTS, TITLES AND
INTERESTS REFERRED TO IN SECTION 1.3 OF THIS DEED OF TRUST NOW OR HEREAFTER
ISSUED IN FAVOR OF GRANTOR, GRANTOR SHALL PROMPTLY NOTIFY HOLDER THEREOF AND, AT
THE REQUEST AND OPTION OF HOLDER, GRANTOR SHALL, PURSUANT TO AN AGREEMENT IN
FORM AND SUBSTANCE SATISFACTORY TO HOLDER, EITHER (I) ARRANGE FOR THE ISSUER AND
ANY CONFIRMER OF SUCH LETTER OF CREDIT TO CONSENT TO AN ASSIGNMENT TO HOLDER OF
THE PROCEEDS OF ANY DRAWINGS UNDER THE LETTER OF CREDIT, OR (II) ARRANGE FOR
HOLDER TO BECOME THE TRANSFEREE BENEFICIARY OF THE LETTER OF CREDIT, WITH HOLDER
AGREEING, IN EACH CASE, THAT THE PROCEEDS OF ANY DRAWING UNDER THE LETTER OF
CREDIT ARE TO BE APPLIED AS PROVIDED IN SECTION 5.2 OF THIS DEED OF TRUST.
(T)
STATUS OF GRANTOR.
GRANTOR IS AND WILL
CONTINUE TO BE (I) DULY ORGANIZED, VALIDLY EXISTING AND IN GOOD STANDING UNDER
THE LAWS OF ITS STATE OF ORGANIZATION, (II) AUTHORIZED TO DO BUSINESS AND IN
GOOD STANDING IN EACH STATE IN WHICH THE PROPERTY IS LOCATED, AND
(III) POSSESSED OF ALL REQUISITE POWER AND AUTHORITY TO CARRY ON ITS BUSINESS
AND TO OWN AND OPERATE THE PROPERTY.
GRANTOR'S EXACT LEGAL NAME IS CORRECTLY
SET FORTH AT THE END OF THIS DEED OF TRUST.
GRANTOR IS AN ORGANIZATION OF THE
TYPE SPECIFIED IN THE INTRODUCTORY PARAGRAPH OF THIS DEED OF TRUST.
IF GRANTOR
IS