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i • 2� 17�2� 17 - - � limi�ation, any adv�rsary proceeding, �antested matter �r moti�n brought by Beneficiary or any ather persan} relat�ng �o Trustor or �n any way affecting any af the Trust Proper�y or Benef�ciary's abi�i�y ta exercis� any of its righ�s or remedies with respeGt �her�to. All of the foregaing shall be pa�d by Trustar ❑vith interest from the dat� of demand un�� pa�d in full at the highest ra�e per annum payable under any Secu.r�d�bligat�on. 4.7 Power to File Not�c�s and �ure Defaults. Trustar hereby �rre�ocably appoints Beneficiary and its successors and assigns as Trustor's true attorney-in-fac� �o perform any of the followir�g powers, which agency is coupled w�th an interest: �a}to execute andlor rec�rd any notices of compl�tion, cessat��n af �abor, or any �ther no�ices �hat Benefic�ary deems appropriate to pratect BeneficiaryTs xn�erest; and�b}upon th�accurrence of any�vent, act ar amissi�n whi.ch w�th th� giving of notice ar the passage of time, or both, w�uld constitute a Default, �o perform any obl�gation of Trustar hereunder; provided however, that Beneficiary, as such attorney-�n-fact, shall on�y be accauntahle for such funds as are ac�ually rec��ved by Beneficiary, and Beneficiary shall not he l�ab�e to Trustor ar any other person or entity for any failure to act under�his Section. 4.8 Remedies �umu�at�ve; No,,Waiver. AI1 rights, powers and remed�es of Beneficiary and Trustee hereunder are cumulative and ar� �n addition to a�l rights, powers and remedies provided by law or in any other agreements between Trus��r and Benef�ciary. No delay, failure or discnnt�nuance of Benef�ciary in exercis�ng any right,p�wer or remedy hereunder shall affect or operate as a waiver of such right, power or remedy; n�r sha�1 any s�ng�e ar �ar�ia� exercise of any such righ�, power or remedy preclude, waive or otherwise affect any other or furth�r exercise�hereof or the e�ercise of any other right, p�wer or rem�dy. ARTI�LE V. MISCELLANE�US PR�VISI�NS 5.1 Na Mer�. N�merger shall occur as a resul�of Beneficiary's acquiring any other estate in, or any other lien on,�he Trust Property unless Beneficiary specifi�ally consents t�a merger�n writ�ng. 5.2 Execution of I��cuments. Trustor agrees, upan demand by Benefic�ary or Trustee, �o ex�cute any and all d��uments an�instruments required to effectuate�h�provisions hereof. 5.3 Ri�ht of Inspec�ion. Beneficiary or its agents or employees may enter onto the Trust Prnperty at any reasonable time for the purpose of inspect�ng the Trust Property and ascer�aining Trustar's compliance w�th the�erms hereof. 5.4 Notices, Re�uests f�r Notice. Al� n�tices, requests and demands which Trustor or Beneficiary is required ar may desire�o give to the o�her party must be in wri�ing, delivered�o each party at the fol�owing addresses: If to Beneficiary: Delores I�. �arrett Living Trust P.�.Box 1557 Grand Island,NE 688�Z Atten�ion: Michael and Delores�arrett,Trus�ees If to Trus�or: Garrett Enterprises, Inc. P.�.Box 1587 Grand Island,NE 688�2 Attention: Micha�l�arrett ar at such other address as either party shal� d�signate by wri�ten notice ta the ather party in accordance wi�h the pravisions hereof. _12_