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201301819
<br /> Loan or Loan Documents except in connection with (a) a sale of the Property in connection with
<br /> an exercise of remedies hereunder and/or under the other Loan Documents or (b) a release hereof
<br /> in accordance with the applicable terms and conditions hereof.
<br /> Section 16.3. CERTAIN RIGHTS. With the approval of Lender, Trustee shall have the
<br /> right to take any and all of the following actions: (i) to select, employ, and advise with counsel
<br /> (who may be, but need not be, counsel for Lender) upon any matters arising hereunder, including
<br /> the preparation, execution, and interpretation of the Note, this Security Instrument or the Other
<br /> Security Documents, and shall be fully protected in relying as to legal matters on the advice of
<br /> counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder
<br /> either directly or through his/her agents or attorneys, (iii) to select and employ, in and about the
<br /> execution of his/her duties hereunder, suitable accountants, engineers and other experts, agents
<br /> and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and
<br /> Trustee shall not be answerable for any act, default, negligence, or misconduct of any such
<br /> accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care,
<br /> or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or
<br /> accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad
<br /> faith, and (iv) any and all other lawful action as Lender may instruct Trustee to take to protect or
<br /> enforce Lender's rights hereunder. Trustee shall not be personally liable in case of entry by
<br /> Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property
<br /> for debts contracted for or liability or damages incurred in the management or operation of the
<br /> Property. Trustee shall have the right to rely on any instrument, document, or signature
<br /> authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed
<br /> by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual
<br /> expenses incurred by Trustee in the performance of Trustee's duties hereunder and to reasonable
<br /> compensation for such of Trustee's services hereunder as shall be rendered.
<br /> Section 16.4. RETENTION OF MONEY. All moneys received by Trustee shall, until used
<br /> or applied as herein provided, be held in trust for the purposes for which they were received, but
<br /> need not be segregated in any manner from any other moneys (except to the extent required by
<br /> applicable law) and Trustee shall be under no liability for interest on any moneys received by
<br /> Trustee hereunder.
<br /> Section 16.5. PERFECTION OF APPOINTMENT. Should any deed, conveyance, or
<br /> instrument of any nature be required from Borrower by any Trustee or substitute trustee to more
<br /> fully and certainly vest in and confirm to Trustee or substitute trustee such estates rights, powers,
<br /> and duties, then, upon request by Trustee or substitute trustee, any and all such deeds,
<br /> conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be
<br /> caused to be recorded and/or filed by Borrower.
<br /> Section 16.6. SUCCESSION INSTRUMENTS. Any substitute trustee appointed pursuant to
<br /> any of the provisions hereof shall, without any further act, deed, or conveyance, become vested
<br /> with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights
<br /> hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the
<br /> written request of Lender or of the substitute trustee, Trustee ceasing to act shall execute and
<br /> deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all
<br /> the estates, properties, rights, powers, and trusts of Trustee so ceasing to act, and shall duly
<br /> 79582.000016 EMF US 44373001v1
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