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201210833 <br />to indemnify and save harmless the Beneficiary against any liability or damages which the <br />Beneficiary may incur or sustain in the exercise and performance of its rightful powers and duties <br />hereunder, including any liability or damages arising from the Grantor's failure to comply with <br />any Environmental Law or the like applicable to the Trust Estate. For such indemnity, the <br />Beneficiary shall be secured under this Deed of Trust in the same manner as the Obligations and <br />all amounts payable under this Section shall be paid to the Beneficiary with interest at the rate <br />specified in Section 3.09. The Grantor's obligations under this Section shall survive the exercise <br />by the Beneficiary of its rights and remedies hereunder, any foreclosure on all or any part of the <br />Trust Estate and the cancellation or satisfaction of this Deed of Trust. <br />Section 6.08. Trustee. <br />(A) Subject to applicable law, the Trustee may resign by an instrument in <br />writing addressed to the Beneficiary, or the Trustee may be removed at any time with or without <br />cause by an instrument in writing executed by the Beneficiary. In case of the death, resignation, <br />removal or disqualification of the Trustee or if for any reason the Beneficiary shall deem it <br />desirable to appoint a substitute or successor Trustee, then the Beneficiary shall have the right <br />and is hereby authorized and empowered to appoint a successor Trustee, or a substitute Trustee, <br />without other formality than appointment and designation in writing executed by the Beneficiary, <br />and the authority hereby conferred shall extend to the appointment of other successor and <br />substitute Trustees successively until the Grantor's obligations have been satisfied under Section <br />6.02 hereof or until the Trust Estate is sold hereunder. Such appointment and designation by the <br />Beneficiary shall be full evidence of the right and authority to make the same and all facts therein <br />recited. All references herein shall be deemed to refer to the Trustee (including any successor or <br />substitute appointed and designated as herein provided) from time to time acting hereunder. <br />Except as otherwise required by applicable law, the Trustee shall not perform any act or omit to <br />act hereunder unless, prior to such act or omission, the Beneficiary delivers to the Trustee <br />direction to so act or omit to act. The Grantor hereby ratifies and confirms any and all acts which <br />the Trustee herein named or its successor or successors, substitute or substitutes, in this trust, <br />shall do lawfully by virtue hereof. <br />(B) The Trustee shall not be liable for any error of judgment or act done by the <br />Trustee in good faith, or otherwise be responsible or accountable under any circumstances <br />whatsoever, except for the Trustee's gross negligence or willful misconduct. The Trustee shall <br />have the right to rely upon any instrument, document or signature authorizing or supporting any <br />action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. <br />All moneys received by the Trustee shall, until used or applied as herein provided, be held in <br />trust for the purposes for which they were received, but need not be segregated in any manner <br />from any other moneys (except to the extent required by law or by the Beneficiary), and the <br />Trustee shall be under no liability for interest on any moneys received by it hereunder. <br />(C) The Beneficiary hereby agrees to indemnify and save harmless the Trustee <br />from and against any liability or damages which the Trustee may incur or sustain in the exercise <br />hup:// sdnpcodoc1:90 /18313721/Document Library/MTG NE Hall Co <br />NE 9/11 <br />14 <br />