|
- 138-
<br />201400400
<br />further question to be so accepted, and Borrower does hereby ratify and confirm any and all acts
<br />that Deed of Trust Trustee may lawfully do in the premises by virtue hereof.
<br />6. Paragraph 25(c) hereof shall be modified such that all references to "Lender" in such
<br />paragraph shall be deemed to refer to "Deed of Trust Trustee."
<br />7. Paragraph 25(d) of this Security Instrument shall not apply after any sale made in
<br />accordance with paragraph 9 above.
<br />8. Deed of Trust Trustee shall be under no duty to take any action under this
<br />Security Instrument except as expressly required under this Security Instrument or by law, or to
<br />perform any act which would involve Deed of Trust Trustee in any expense or liability or to
<br />institute or defend any suit in respect of this Security Instrument, unless properly indemnified to
<br />Deed of Trust Trustee's reasonable satisfaction. Deed of Trust Trustee, by acceptance of this
<br />Security Instrument, covenants to perform and fulfill the trusts therein created, being liable,
<br />however, only for willful negligence or misconduct, and waives any statutory fee and agrees to
<br />accept reasonable compensation, in lieu thereof, for any services rendered by Deed of Trust
<br />Trustee in accordance with the terms hereof. Deed of Trust Trustee may resign at any time upon
<br />giving thirty (30) days' notice to Borrower and to Lender. Lender may remove Deed of Trust
<br />Trustee at any time or from time to time and select a successor trustee. In the event of the death,
<br />removal, resignation, refusal to act, or inability to act of Deed of Trust Trustee, or in its sole
<br />discretion for any reason whatsoever Lender may, without notice and without specifying any
<br />reason therefor and without applying to any court, select and appoint a successor trustee, by an
<br />instrument recorded wherever this Security Instrument is recorded and all powers, rights, duties
<br />and authority of Deed of Trust Trustee, as aforesaid, shall thereupon become vested in such
<br />successor. Such substitute trustee shall not be required to give bond for the faithful performance
<br />of the duties of Deed of Trust Trustee under this Security Instrument unless required by Lender.
<br />The procedure provided for in this paragraph for substitution of Deed of Trust Trustee shall be in
<br />addition to and not in exclusion of any other provisions for substitution, by law or otherwise.
<br />9. With the approval of Lender, Deed of Trust Trustee shall have the right to take
<br />any and all of the following actions: (i) to select, employ, and advise with counsel (who may be,
<br />but need not be, counsel for Lender) upon any matters arising under this Security Instrument,
<br />including the preparation, execution, and interpretation of the Note, this Security Instrument or
<br />the other Loan Documents, and shall be fully protected in relying as to legal matters on the
<br />advice of counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty
<br />under this Security Instrument either directly or through his agents or attorneys, (iii) to select and
<br />employ, in and about the execution of his duties under this Security Instrument, suitable
<br />accountants, engineers and other experts, agents and attorneys -in -fact, either corporate or
<br />individual, not regularly in the employ of Deed of Trust Trustee, and Deed of Trust Trustee shall
<br />not be answerable for any act, default, negligence, or misconduct of any such accountant,
<br />engineer or other expert, agent or attorney -in -fact, if selected with reasonable care, or for any
<br />error of judgment or act done by Deed of Trust Trustee in good faith, or be otherwise responsible
<br />or accountable under any circumstances whatsoever, except for Deed of Trust Trustee's gross
<br />negligence or bad faith, and (iv) any and all other lawful action as Lender may instruct Deed of
<br />Trust Trustee to take to protect or enforce Lender's rights under this Security Instrument. Deed
<br />
|