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<br />successors and assigns as Trustor's true attorney -in -fact to perform any of the following powers, which
<br />agency is coupled with an interest: (a) to execute and /or record any notices of completion, cessation of labor,
<br />or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest; and (b) upon the
<br />occurrence of any event, act or omission which with the giving of notice or the passage of time, or both,
<br />would constitute a Default, to perform any obligation of Trustor hereunder; provided however, that
<br />Beneficiary, as such attorney -in -fact, shall only be accountable for such funds as are actually received by
<br />Beneficiary, and Beneficiary shall not be liable to Trustor or any other person or entity for any failure to act
<br />under this Section.
<br />5.08 Remedies Cumulative: No Waiver. All rights, powers and remedies of Beneficiary and Trustee
<br />hereunder are cumulative and are in addition to all rights, powers and remedies provided by law or in any other
<br />agreements between Trustor and Beneficiary. No delay, failure or discontinuance of Beneficiary in exercising
<br />any right, power or remedy hereunder shall affect or operate as a waiver of such right, power or remedy; nor
<br />shall any single or partial exercise of any such right, power or remedy preclude, waive or otherwise affect any
<br />other or further exercise thereof or the exercise of any other right, power or remedy.
<br />ARTICLE VI. MISCELLANEOUS PROVISIONS
<br />6.01 No Merger. No merger shall occur as a result of Beneficiary's acquiring any other estate in, or any other
<br />lien on, the Subject Property unless Beneficiary specifically consents to a merger in writing.
<br />6.02 Execution of Documents. Trustor agrees, upon demand by Beneficiary or Trustee, to execute any and
<br />all documents and instruments required to effectuate the provisions hereof.
<br />6.03 Riaht of Inspection. Beneficiary or its agents or employees may enter onto the Subject Property at any
<br />reasonable time for the purpose of inspecting the Subject Property and ascertaining Trustor's compliance with
<br />the terms hereof.
<br />6.04 Notices. All notices, requests and demands which Trustor or Beneficiary is required or may desire to
<br />give to the other party must be in writing, delivered to Beneficiary at the following address:
<br />WELLS FARGO BANK, NATIONAL ASSOCIATION
<br />1919 Douglas Street
<br />Omaha, NE 68102
<br />Attention: Manager
<br />and to Trustor at its address set forth at the signature lines below, or at such other address as either party
<br />shall designate by written notice to the other party in accordance with the provisions hereof.
<br />6.05 Successors: Assignment. This Deed of Trust shall be binding upon and inure to the benefit of the
<br />heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto; provided
<br />however, that this Section does not waive the provisions of Section 4.14 hereof. Beneficiary reserves the
<br />right to sell, assign, transfer, negotiate or grant participations in all or any part of, or any interest in,
<br />Beneficiary's rights and benefits under the Note, any and all other Secured Obligations and this Deed of Trust.
<br />In connection therewith, Beneficiary may disclose all documents and information which Beneficiary now has or
<br />hereafter acquires relating to the Subject Property, all or any of the Secured Obligations and /or Trustor and, as
<br />applicable, any partners, joint venturers or members of Trustor, whether furnished by any Trustor or
<br />otherwise.
<br />6.06 Rules of Construction. (a) When appropriate based on the identity of the parties or other
<br />circumstances, the masculine gender includes the feminine or neuter or both, and the singular number includes
<br />the plural; (b) the term "Subject Property" means all and any part of or interest in the Subject Property; (c) all
<br />Section headings herein are for convenience of reference only, are not a part of this Deed of Trust, and shall
<br />be disregarded in the interpretation of any portion of this Deed of Trust; (d) if more than one person or entity
<br />has executed this Deed of Trust as "Trustor," the obligations of all such Trustors hereunder shall be joint and
<br />several; and (e) all terms of Exhibit A, and each other exhibit and /or rider attached hereto and recorded
<br />DEED OF TRUST With Assignment of Rents (05101)
<br />07264, #7787507270
<br />Page 12
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