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<br />200803089 <br /> <br />5.8 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 <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 /> <br />ARTICLE VI. MISCELLANEOUS PROVISIONS <br /> <br />6.1 No Mercer. 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 /> <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 /> <br />6.3 Right of Insoection. 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 /> <br />6,4 Notices. Reauests for Notice. All notices, requests and demands which Trustor or Beneficiary is <br />required or may desire to give to the other party must be in writing, delivered to Beneficiary at the <br />following address: <br /> <br />Business Lending <br />Minneapolis 730 2nd Avenue South <br />Minneapolis, MN 55402 <br />Attention: Collateral Department <br /> <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 /> <br />6.5 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; <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 /> <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 <br />more than one person or entity has executed this Deed of Trust as "Trustor," the obligations of all such <br />Trustors hereunder shall be joint and several; and (e) all terms of Exhibit A, and each other exhibit <br />and/or rider attached hereto and recorded herewith, are hereby incorporated into this Deed of Trust by <br />this reference. <br /> <br />6.7 Severabilitv of Provisions. If any provision of this Deed of Trust shall be held to be prohibited by or <br />invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or <br />