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201503940 <br /> threatened release or disposal of any Hazardous Materiai by Grantor or any subsidiary of Grantor <br /> or otherwise occurring on or with respect to the Trust Property, (ii) the operation or violation of <br /> any Environmental Law by Grantor or any subsidiary of Grantor or atherwise occurring on or <br /> with respect to the Trust Property, (iii) any claim for personal injury, property damage related to <br /> Grantor or any subsidiary of Grantor ar otherwise occurring on or with respect to the Trust <br /> Property, (iv) any claim for actual or threatened injury to, destruction of or loss of natural <br /> resources in connection with Grantor or any subsidiary of Grantor ar otherwise occurring on or <br /> with respect to the Trust Property and (v) the inaccuracy or breach of any environmental <br /> representation, warranty or covenant by Grantor made herein or in any other Loan Document (as <br /> defined in the Loan Agreement) evidencing or securing any obligation under the Loan <br /> Documents or setting forth terms and conditions applicable th�reto or otherwise relating thereto. <br /> The foregoing indemnity shall survive the termination of this Deed of Trust and shall remain in <br /> force beyond the expiration of any applicable statute of limitations and payment or satisfaction in <br /> full of any single claim thereunder. <br /> 26. Variable Interest Rate. The Obligations Secured include obligations that bear <br /> interest at rates that vary from time to time, as provided in the Loan Agreement and the other <br /> documents relating to the Obligations Secured. <br /> 27.Trustee Provisions. <br /> (a) Trustee shall not be liable for any error of judgment or act done by Trustee in good <br /> faith, or be otherwise responsible ar accountable under any circumstances whatsoever,except far <br /> Trustee's gross negligence or willful misconduct. Trustee shall not be personally liable in case <br /> of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Trust <br /> Praperty for debts contracted or liability or damages incurred in the managernent or operation of <br /> the Trust Property. Trustee shall have the right to rely on any instrument,document or signature <br /> authorizing or supporting any action taken or proposed to be taken by him hereunder, believed <br /> by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses <br /> incurred by him in the performance of his duties hereunder and to reasonable compensation for <br /> such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the <br /> compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless <br /> against, any and all liability and expenses which may be incurred by him in the perfarmance of <br /> his duties. <br /> (b) All moneys received by Trustee shall, until used or applied as herein provided, be <br /> held in trust for the purposes for which they were received, but need not be segregated in any <br /> manner from any other moneys(except to the extent required by law), and Trustee shall be under <br /> na liability for interest on any moneys received by her hereunder. <br /> (c) Trustee may resign by the giving of notice of such resignation in writing to Agent. <br /> If Trustee shall die, resign or become disqualified from acting in the execution of this trust or <br /> shall fail or refuse to execute the same �vhen requested by Agent so to do, or if, for any reason, <br /> Agent shall prefer to appoint a substitute trustee to act instead of the forenamed Trustee, Agent <br /> shall have full power to appoint a substitute trustee and, if preferred, several substitute trustees in <br /> succession who shall succeed to all the estate, rights, powers and duties of the forenamed <br /> Trustee. <br /> 716530428 14447759 13 <br />