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��15�45�� Sectian 15.7. LIMITATI�N ON LENI3ER'S RE5PaN51BILITY. No pravision of this Security Instrument shall operate to place an� ob�igatian ar liabiiity f�r the �ontr�l, care, mana ement or � repair of the Prapert�upon Lender, nor shall it operate to rna.1�e Lender responsib�e ar �iable far any waste carnrnitted an the Propert�by the tenants or any other Persan, or for any dangerous or def�ctiv� conditian of the Property, or far any neg�igence in the management, upl�eep, repa�r ar contro� af the Prop�r�y resulting �n �oss or injury or death to an� tenant, licensee, emplayee or strang�r. Nath�ng herein contained shall be construed as c�nstituting Lender a "mar�gagee xn . possessi�n." Article 16 — DEED�F TRUST PRflVISI�NS Section 16.1. �QNCERNING THE TRUSTEE. Tru�tee shall be under no duty to take any �.ction hereunder exce�t as express�� required hereunder or b� �aw, or t� perf�rm any act which Wouid �nvolve Trustee 1n any exper�se or Iiability or to instltute or defend any suit in respect hereof, unless properly indernnified to Trustee's reas�nable satisfaction. Trustee, b� aCceptan�e of this S ecur�ty Instrument, covenants to perform and fulfill th� trusts herein created, be�ng liable, hov�ev�r, only for gr�ss neg�igence or vv�illful mis�onduct, and her�b� waives any statutory fe� and agrees to acce�t reasanab�e campensation, in lieu ther�of, f�r any serv�ces rendered by Trustee in accordance vvith the terms hereof. Trustee may resign at any #ime upan giving thirty �34} days' no�ice t� Borr��rer and to Lender. Lender may remo�� Trustee at any time or frorn time to t�me and sel�ct a successar trustee. In the event af the death, removal, resignation, refusal to act, �r inability ta act of Truste�, �r in its sole discretion for ariy reason whatsaever Lender may, �vithaut not�ce and without specifying any reasan theref�r and w�thout applying to any court, select and appaint a suc��ssor trustee,by an instrument rec�rded wherever this Security Instrument is recorded and a�1 powers, rights, duties and authority of Trustee, as af�resaid, sha�l thereupan become vested in such successor. Such substitute trustee sha��not be required to give band far th� faithful perfarmance of the duties of Trustee hereunder unless required by Lender. The pro�edure provid�d for in this paragraph for substitution of Trustee shall be in additi.�n to and not in e�clusivn of ar�y other prov�sions for substitutian, by Iaw or atherw�se. Secti�n ]_6.�. TRUSTEE's FEES. Barr�wer shal� pay all reasana�le costs, fees and expenses incurred by Trustee and Trustee's ag�nts and counsel in connecti�n �vith the performanc� by Trus�� nf Trustee's duties hereunder and a1I such costs, fees and e�penses shal� be secured b� this Security Instrum�nt. 1�T�tvvithstandrng an�thing ta the contrary contained herein or in any�ther Loan I��cum�nts, Trustee hereby acl�n.owledges and agrees that no fees or other carnpen�ati�n sha�l be payable to Truste� hereunder �r otherw�se zn connection vvith the Loan or Loan Documents except�n connection with �a� a sale of the Property in connect�on w�th an exerc�se�f reme�ies hereunder andlor under the ather Loan Documents ar�1�) a release hereof in accardan�e vvrth the applicable terms and condit�ons h�reof. Sectivn 16.3. �ERTAII�1 RIGHTS. Wx�h the appro�al of Lender, Trustee shall have the right to take any and al� of the fo1��Wing acti�ns: �i� to select, empioy, and advise with counsel (who may be, but need not be, counsel for Lender)upon any matters ar�s�ng hereunder, in�luding the preparation, �xecution, and interpretation of the Note, this Security Instrument �r the �ther Securit� Documents, and sha11 be fuliy pr�tec�ed in relying as to lega� matters on the ad�ice of counse�, (ii� t� execute any of the trusts and pavvers hereof and to perform any dut� hereunder �� 795$2.U�aD66 EMF Lr5 5�5287948�1