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200508354
<br />agency is coupled with an interest: (a) to execute and /or record any notices of completion, cessation of
<br />labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest; and (b)
<br />upon the occurrence of any event, act or omission which with the giving of notice or the passage of time,
<br />or both, would constitute a Default, to perform any obligation of Trustor hereunder; provided however,
<br />that Beneficiary, as such attorney -in -fact, shall only be accountable for such funds as are actually
<br />received by Beneficiary, and Beneficiary shall not be liable to Trustor or any other person or entity for
<br />any failure to act under this Section.
<br />5.8 Remedies Cumulative:_N -a- Weiver. 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
<br />any other agreements between Trustor and Beneficiary. No delay, failure or discontinuance of
<br />Beneficiary in exercising any right, power or remedy hereunder shall affect or operate as a waiver of
<br />such right, power or remedy; nor shall any single or partial exercise of any such right, power or remedy
<br />preclude, waive or otherwise affect any other or further exercise thereof or the exercise of any other
<br />right, power or remedy.
<br />6.1 blo ,Merger. No merger shall occur as a result of Beneficiary's acquiring any other estate in, or any
<br />other lien on, the Subject Property unless Beneficiary specifically consents to a merger in writing.
<br />6.2 Execution of Documents. Trustor agrees, upon demand by Beneficiary or Trustee, to execute any
<br />and all documents and instruments required to effectuate the provisions hereof.
<br />6.3 Right of Ins ecp tion Beneficiary or its agents or employees may enter onto the Subject Property at
<br />any reasonable time for the purpose of inspecting the Subject Property and ascertaining Trustor's
<br />compliance with the terms hereof.
<br />6.4 Notices. All notices, requests and demands which Trustor or Beneficiary is required or may desire
<br />to give to the other party must be in writing, delivered to Beneficiary at the following address:
<br />Business lending
<br />3033 Elder Street MAC# U1851 -015
<br />Boise, ID 83705
<br />Attention: Collateral Department
<br />and to Trustor at its address set forth at the signature lines below, or at such other address as either
<br />party shall designate by written notice to the other party in accordance with the provisions hereof.
<br />6.5 5Ugcessors: 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;
<br />provided however, that this Section does not waive the provisions of Section 4.14 hereof. Beneficiary
<br />reserves the right to sell, assign, transfer, negotiate or grant participations in all or any part of, or any
<br />interest in, Beneficiary's rights and benefits under the Note, any and all other Secured Obligations and
<br />this Deed of Trust. In connection therewith, Beneficiary may disclose all documents and information
<br />which Beneficiary now has or hereafter acquires relating to the Subject Property, all or any of the
<br />Secured Obligations and /or Trustor and, as applicable, any partners, joint venturers or members of
<br />Trustor, whether furnished by any Trustor or otherwise.
<br />6.6 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
<br />includes the plural; (b) the term "Subject Property" means all and any part of or interest in the Subject
<br />Property; (c) all Section headings herein are for convenience of reference only, are not a part of this
<br />Deed of Trust, and shall be disregarded in the interpretation of any portion of this Deed of Trust; (d) if
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