201009345 - Laserfiche WebLink

Browse

2010U9345 rights or remedies with respect thereto. All of the foregoing shall be paid by Trustor with interest from the date of demand until paid in full at the highest rate per annum payable under any Secured Obligation. 5.7 P w r Fil Nn i n r D f I�. Trustor hereby irrevacably appoints Beneficiary and its successors and assigns as Trustor's true attorney-in-fact to perform any of the following powers, which agency is coupled with an interest: (a) to execute and/or record any notices of completion, cessation of labor, or any other notices that Beneficiary deems appropriate ta protect seneficiary's interest; and (b) upnn the occurrence of any event, act nr omission which with the giving of notice or the passage of time, or both, would constitute a �efault, to perform any obligation of Trustor hereunder; provided however, that Beneficiary, as such attnrney-in-fact, shall only be accnuntable for such funds as are actually received by Beneficiary, and Beneficiary shall not be liable to Trustor or any other person or entity for any failure to act und�r this Sectian. 5.$ Remedies ��,mulative; N9 Waiv�r. All rights, powers and remedies af Beneficiary and Trustee hereunder are cumulative and are in addition tn all rights, powers and remedies provided by law or in any other agreements between Trustor and Beneficiary. No delay, failure or discontinuance of Beneficiary in exercising any right, power or remedy hereunder shall affect or operate as a waiver af such right, power or remedy; nar shall any single or partial exercise of any such right, power or remedy preclude, waive or otherwise affect any other or further exercise thereof or the �xercise of any other right, power or remedy. ARTICLE VI. MISCELLANEQUS PROVISIONS 6.1 No Meraer. No merger shall occur as a result of Beneficiary's acquiring any other estate in, or any other lien on, the Real Property unless Bene�ciary specifically consents to a merger in writing. 6.2 Execution of Documents. Trustqr agrees, upon demand by Benefciary �r Trustee, to execute any and all documents and instruments required to effectuate the provisions hereof. 6.3 Righ#_Q# InspectiQn. Beneficiary or its agents or employees may enter onto the Real Property at any reasonable time for the purpose of inspecting the Real Property and ascertaining Trustor's campliance with the terms hereof. 6.A Notices. R�quests for Notice. All notices, requests and demands which Trustor or Beneflciary is required or may desire to give to the other party must be in writing, delivered to Beneficiary at the following address: Wells Fargo 8ank, National Association Busin�ss Lending BBSG Minneapolis Loan Ops, 733 Marquette Avenue, Ste 1000, MAC #N9306-101, Minneapolis, MN 55402 Attention: Collateral Department and to Trustor at its address set forth at the signature lines below, or at such other address as either party shall designate by written notice to the oth�r party in accordance with the provisions hereaf. 6.5 Successors; Assignment. This Deed of Trust shall be binding upon and inure to the benefit of the heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto; provided however, that this Section does not waive the provisions of 5ection hereof entitled D�L on Sale or Encumbrance. Beneficiary reserves the right to sell, assign, transfer, negatiate or grant participations in all or any part af, or any interest in, Beneficiary's rights and benefits under the Note, any and all other Secured Obligations and this Deed of Trust. In connection therewith, Beneficiary may disclose all DeedOffrust-NE Job 1550608450-131D239189 Loan Vers.1 12/03/2010 Page 15 af 19