|
2oi2ai�so
<br />in relying as to legal matters on the advice of counsel, (ii) to execute any of the trusts and powers
<br />hereof and to perform any duty hereunder either directly or through his or her agents or
<br />attorneys, (iii) to select and employ, in and about the execution of his or her duties hereunder,
<br />suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate
<br />or individual, not regularly in the employ of Trustee (and Trustee shall not be answerable for any
<br />act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or
<br />attorney-in-fact, if selected with reasonable care, or for any enor of judgment or act done by
<br />Trustee in good faith, or be otherwise responsible or accountable under any circumstances
<br />whatsoever, except for Trustee's gross negligence or bad faith), and (iv) any and all other lawful
<br />action that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary's rights
<br />hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering
<br />by virtue of the powers herein granted to Trustee, upon the Premises for debts contracted for or
<br />liability or damages incurred in the management or operation of the Premises. Trustee shall have
<br />the right to rely on any instrument, document, or signature authorizing or supporting any action
<br />taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be
<br />genuine. Trustee shall be entitled to reimbursement for expenses incurred by Trustee in the
<br />performance of Trustee's duties hereunder and to reasonable compensation for such of Trustee's
<br />services hereunder as shall be rendered in accordance with applicable law. Grantor will, from
<br />time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for; and save
<br />and hold Trustee harmless against, any and all liability and expenses which may be incurred by
<br />Trustee in the performance of Trustee's duties. �
<br />7.2 Retention of Monev. All moneys received by Trustee shall, until used or applied
<br />as herein provided, be held in trust for the purposes for which they were received, and shall be
<br />segregated from any other moneys of Trustee.
<br />7.3 Successor Trustees. Trustee may resign by the giving of notice of such
<br />resignation in writing to Beneficiary. If Trustee shall die, resign or become disqualified from
<br />acting in the ex�cution of this trust, or if, for any reason, Beneficiary, in Beneficiary's sole
<br />discretion and with or without cause, shall prefer to appoint a substitute trustee or multiple
<br />substitute trustees, or successive substitute trustees or successive multiple substitute trustees, to
<br />act instead of the aforenamed Trustee, in accordance with applicable law Beneficiary shall have
<br />full power to appoint a substitute trustee (or, if preferred, multiple substitute trustees) in
<br />succession who shall succeed (and if multiple substitute trustees are appointed, each of such
<br />multiple substitute trustees shall succeed) to all the esta.tes, rights, powers and duties of the
<br />aforenamed Trustee. Such appointment may be executed by any authorized agent of
<br />Beneficiary, and if such Beneficiary be a corporation and such appointment be executed on its
<br />behalf by any officer of such corporation, such appointment shall be conclusively presumed to be
<br />executed with authority and shall be valid and sufficient without proof of any action by the board
<br />of directors or any superior officer of the corporation. Grantor hereby ratifies and confirms any
<br />and all acts which the aforenamed Trustee, or his or her successor or successors in this trust,
<br />shall do lawfully by virtue hereof. If multiple substitute trustees are appointed, each of such
<br />multiple substitute trustees shall be empowered and authorized to act alone without the necessity
<br />of the joinder of the other multiple substitute trustees, whenever any action or undertaking of
<br />such substitute trustees is requested or required under or pursuant to this Deed of Trust or
<br />applicable law. Any prior election to act jointly or severally shall not prevent either or both of
<br />DEED OF TRUST — Page 17
<br />#3982161
<br />
|