|
��15�4583
<br /> either directly or through hisCher a�ents ar attorneys, �iii} ta select and employ, in and about the
<br /> e�ecut�on of hisl�ier duties hereunder, suitable accoun�ants, engineers and other experts, ag�nts
<br /> and attorneys-in-fact, exther corporate ar indi�idual, n�t re�ularly in trie emp�oy �f Truste�, and
<br /> Trustee sha11 n�t be ansvv�rabl� far any a�t, default, negligence, or misconduct of any such
<br /> accauntant, engineer ar other expert, agent ar attorne�-in-fa��, if selected �vith reasonable care,
<br /> or for any error of judgment ar act done by Trustee �n g��d faith, or be �ther�visc resp�nsih�e or
<br /> acc�untable under any circumstances whatsoever, except for Trustee's gross n�glig�nce or bad
<br /> faith, and �iv� any and all other lavvful action as Lender may instruct Trustee t�take to protect or
<br /> enfor�e Lender's rights hereunder. Truste� sha�l not be persanally Iiable in �ase of �ntry by
<br /> Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Pro�erty
<br /> for debts contracted far ar �iabi�ity or damages incurred in th� management or operati�n �f the
<br /> Property. Truste� shall have th� rlght t� rely on any 1I15�'LLI11�I1t, d�cument, ar signature
<br /> authar��xng or supp�rting an acti�n taken�r praposed to be taken by Trustee hereur�der,believed
<br /> by Trustee in goad faith to be genuine. Trustee shall be entitled ta reimbursement far actua�
<br /> e�penses incurred by Trustee in the performance of Trustee's duti�s hereunder and to reasonable
<br /> c�mpensation for such of Trustee's services hereunder as shall be rendered.
<br /> Se�tivn 16.4. RETENTI�IV�F M�I�I�EY. A11 moneys received by Trustee shall, until used
<br /> �r applied as herein provrd�d, be held in trust for the purposes far which they were rec�ived, but
<br /> need not be segregated in any manner fram an� �ther mane�s �except to the extent required �y
<br /> applicable law} and Trustee shall l�e under no �iability far interest an any moneys received by
<br /> Trustee hereunder.
<br /> Seetion 1G.5. PERFECTI�N �F APP�II�TMENT. Sh�uld any d�ed, conveyance, ar
<br /> instrument of any nature be rcquired fram Barravver l�y an�Trustee or substitute trustee ta more
<br /> fu11�and certainly vest in and confirm to Trust�e�r substitute trustee such estates rights,pov�ers,
<br /> and duties, then, upon re�uest by Trustee ar �ubstitute trustee, any and a�l such deeds,
<br /> canveyances and instruments shall be made, e�ecuted, acknQwledged, and delivered and shall be
<br /> caused ta be r�carded andlor filed by Borrow�r.
<br /> Section 1�.�. SUCCESSIaN INSTRLTME�ITS. Any substitute trustee appointed pursuant ta
<br /> any of the pravis��ns hereof shall, without any further act, deed, or conveyance, become vested
<br /> vvith all the estates, properties,rights,pouTers, and trusts of its or hislher predecessor in the rights
<br /> hereunder with like effect as �f ariginal�y named as Trustee herein; but nevertheless, upan th�
<br /> written request �f Lender ar �f the su�astitute trustee, Trustee �easing to act sha�l execute and
<br /> deliver any xnstrument trar�sferring to such substitute trustee,upon the trusts here�n expressed, all
<br /> the estates, properties, rzghts, pow�rs, and trusts �f Trustee so ceasing to act, and shall du�y
<br /> assign,transfer an.d deliver any of the praper�y and moneys held by such Trustee t�the substitute
<br /> trustee sa appointed in Trustee's place.
<br /> ArtiC�e 17--�R�SS-��LLATERALIZATIaI�
<br /> Section 1?'.1. CR�SS-C�LLATERALIZATIaN. BorrQtiv�r acl�nowledges that the Debt is
<br /> secured by thzs Security Instrum�nt together w�th those additional Security Instrum�nts given by
<br /> Borrov�rer andlar �ertain Affiliates of Borr�vver to Lender, together v�ith oth�r Loan Dacuments
<br /> �e�uring or evidenc�.ng i.h� Debt, and encumbering the other Individua� Properties, a�l as mare
<br /> sp eci fi ca11y s et fo r�h in the L�an Agreement. Up on the�ccurrenc e and during th�c ontinuance o f
<br /> 17
<br /> 79582.DOa066 EMF_US 56287842�1
<br />
|