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20o~o~5so <br />right, power or remedy. <br />ARTICLE VI. MISCELLANEOUS PROVISIONS <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 Real Property unless Beneficiary specifically consents to a merger in writing. <br />Ei.2 Exgrg~i,Qn_Qf_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 Riaht of Inspecti_Qn. Beneficiary or its agents or employees may enter onto the Real Property at any <br />reasonable time for the purpose of inspecting the Real Property and ascertaining Trustor's compliance <br />with the terms hereof, <br />6.4 Notices. Requests 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 />Wells Farga Bank, National Association <br />Business Lending <br />BBSG Minneapolis Loan Ops, 730 2nd Avenue South, MAC# N9314-100, Minneapolis, MN 55402 <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 jai ccessor~ssignment. 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 hereof entitled Due on Sale <br />or_Erlgu.mbrance. Beneficiary reserves the right to sell, assign, transfer, negotiate or grant participations <br />in all or any part of, or any interest in, Beneficiary's rights and benefits under the Note, any and all other <br />Secured Obligations and this Deed of Trust. In connection therewith, Beneficiary may disclose all <br />documents and information which Beneficiary now has ar hereafter acquires relating to the Real <br />Property, all or any of the Secured Obligations and/or Trustor and, as applicable, any partners, joint <br />venturers or members of 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 bath, and the singular number <br />includes the plural; (b) the term "Real Property" means all and any part of or interest in the Real <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 />Trustars hereunder shall be joint and several; and (e) all terms of Exhibit A, and each other exhibit and/ <br />or rider attached hereto and recorded herewith, are hereby incorporated into this Deed of Trust by this <br />reference. <br />6.7 Severability 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 />invalidity without invalidating the remainder of such provision or any remaining provisions of this Deed of <br />Trust. <br />6.8 ~QUPrnina Law. This Deed of Trust shall be governed by and construed in accordance with the laws <br />DeedOfTrust-NE Job 1712907949-1129797866 Loan Vers.4 09/16/2008 page 15 of 19 <br />