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201211202 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 par[ial 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. ARTTCLE Vi. MISCELLANEOUS PROVISIONS 6.1 No Mer�er. No merger shall occur as a result of Beneficiary's acquiring any other estate in, or any other lien on, [he Subject Property unless Beneficiary specifically consents to a merger in writing. 6.2 Execution of Doc�ments. Trustor agrees, upon demand by Beneficiary or Trustee, to execute any and all documents and instruments required to effectuate the provisions hereof. 63 Right of Inspection. Beneficiary or its agents or employees may enter onto the Subject Property at any reasonable time ror the purpose of inspecting the Subject Property and ascertaining Trustor's compliance with the terms hereof. 6.4 Notices. Requests forNotice. 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: Capital One, N.A. 505 Main Street, Suite 300 Fort Worth, Texas 76102 Atm: Miehael Q. Barber and to Trustor at its address set forth at the signature Iines below, or at such other address as either party shall designate by written notice to the other party in aecordance with the provisions hereof. 6.5 Successors; Assignment. This Deed of Trust shall be binding upon and inure to the benefit of the heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto; provided however, that this Section does not waive the provisions of the Section hereof entitled Due on Sale or Encumbrance. Beneficiary reserves the right to sell, assign, transfer, negotiate or grant participations in all or any part of, or any interest in, Beneficiary's rights and benefits under the Notes,the Loan Agreement, any and all other Secured Obligations and this Deed of Trust. In connection therewith, Beneficiary may disclose all documents and information which Beneficiary now has or hereafter acquires relating to the Subject Property, all or any of the Secured Obligations and/or Trustor and, as applicable, any partners,joint venturers or members of Trustor, whe[her fumished by any Trustor or otherwise. Deed of Trust and Assignment of Ren[s and Leases Page 15 Deed aTTrust-Capital One,N.A._Lyne ReaITy,LP(Grand Islund,NE)