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201400400 cancellation shall be deemed to be a cancellation of the security interest granted in paragraph 27 of this Security Instrument and a cancellation of the Assignment. 8. Deed of Trust Trustee may resign at any time and for any reason. Deed of Trust Trustee shall have the right to select, employ and consult with counsel, and shall not be liable to Borrower or Lender for actions taken in reliance on advice of counsel. Deed of Trust Trustee may rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Deed of Trust Trustee shall be entitled to reimbursement from Borrower for actual, reasonable expenses incurred by him in the performance of his duties, including those arising from the joint, concurrent or comparative negligence of Deed of Trust Trustee; however, Borrower shall not be liable under such indemnification to the extent such liability or expenses result solely from the Deed of Trust Trustee's gross negligence or willful misconduct hereunder. Borrower shall pay the compensation due to Deed of Trust Trustee hereunder and reimburse Deed of Trust Trustee for, and indemnify, defend and save Deed of Trust Trustee harmless against, all liability reasonable expenses that may be incurred by him in the performance of his duties. Borrower's obligations under this section shall not be reduced or impaired by principles of comparative or contributory negligence. All moneys received by Deed of Trust Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received, but need not be segregated in any manner from other moneys (except to the extent required by law). Deed of Trust Trustee shall have no duty to pay interest on any moneys received by him hereunder. If Deed of Trust Trustee or any successor Deed of Trust Trustee shall die, resign or become disqualified from acting in the execution of this trust, or Lender shall desire for any reason to appoint a substitute Deed of Trust Trustee, Lender shall have full power to appoint one or more substitute Deed of Trust Trustees and, if preferred, several substitute Deed of Trust Trustees in succession who shall succeed to all the estates, rights, powers and duties of Deed of Trust Trustee. The instrument appointing such substitute Deed of Trust Trustee(s) may be executed by any authorized agent or attorney in fact of Lender, and as so executed, such instrument shall be conclusively presumed to be executed with authority, valid and sufficient, without further proof of any action. Upon any such appointment, all of the powers, rights and authority of the Deed of Trust Trustee shall immediately become vested in such successor. In no event or circumstance shall Deed of Trust Trustee or any substitute Deed of Trust Trustee hereunder be personally liable under or as a result of this Borrower, either as a result of any action by Deed of Trust Trustee (or any substitute Deed of Trust Trustee) in the exercise of the powers hereby granted or otherwise, except that Deed of Trust Trustee shall be personally liable for its gross negligence or willful misconduct. ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR MORTGAGED PROPERTY LOCATED IN MISSOURI 1. The first introductory paragraph on Page 1 of this Security Instrument is hereby amended in its entirety to read as follows: THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING (this "Security Instrument ") as described on - 109 -