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incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Beneficiary or any other person) relating to Trustor or in any way affecting any of the Real Property or Beneficiary's ability to exercise any of its rights or remedies with respect thereto. All of the foregoing shall be paid by Trustor with interest from the date of demand until paid in full at the highest rate per annum payable under any Secured Obligation. 5.7 Power to File Notices and Cure Defaults. Trustor hereby irrevocably appoints Beneficiary and its successors and assigns as Trustor's true attorney -in -fact to perform any of the following powers, which agency is coupled with an interest: (a) to execute and /or record any notices of completion, cessation of labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest; and (b) upon the occurrence of any event, act or omission which with the giving of notice or the passage of time, or both, would constitute a Default, to perform any obligation of Trustor hereunder; provided however, that Beneficiary, as such attorney -in -fact, shall only be accountable for such funds as are actually received by Beneficiary, and Beneficiary shall not be liable to Trustor or any other person or entity for any failure to act under this Section. 5.8 Remedies Cumulative; No Waiver. All rights, powers and remedies of Beneficiary and Trustee hereunder are cumulative and are in addition to all rights, powers and remedies provided by law or in any other agreements between Trustor and Beneficiary. No delay, failure or discontinuance of Beneficiary in exercising any right, power or remedy hereunder shall affect or operate as a waiver of such right, power or remedy; nor shall any single or partial exercise of any such right, power or remedy preclude, waive or otherwise affect any other or further exercise thereof or the exercise of any other right, power or remedy. ARTICLE VI. MISCELLANEOUS PROVISIONS 6.1 No Merger. No merger shall occur as a result of Beneficiary's acquiring any other estate in, or any other lien on, the Real Property unless Beneficiary specifically consents to a merger in writing. 6.2 Execution of Documents. Trustor agrees, upon demand by Beneficiary or Trustee, to execute any and all documents and instruments required to effectuate the provisions hereof. 6.3 Right of Inspection. Beneficiary or its agents or employees may enter onto the Real Property at any reasonable time for the purpose of inspecting the Real Property and ascertaining Trustor's compliance with the terms hereof. 6.4 Notices. Requests for Notice. All notices, requests and demands which Trustor or Beneficiary is required or may desire to give to the other party must be in writing, delivered to Beneficiary at the following address: Wells Fargo Bank, National Association Business Lending BBSG San Antonio Loan Ops, 4101 Wiseman Blvd., Bldg 307, MAC T7422 -012, San Antonio, TX 78251 Attention: Collateral Department and to Trustor at its address set forth at the signature lines below, or at such other address as either party shall designate by written notice to the other party in accordance with the provisions hereof. Each party hereto hereby requests that a copy of any notice of default and notice of sale under this Deed of Trust be mailed to such party at the address designated by this Section. Failure to insert an address shall constitute a designation of Trustor's last known address as the address for any such notice. DeedOfTrust -NE Job 2028568354- 1587582624 Term Loan Vers.2 10/31/2012 Page 15 of 20