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� <br /> � 2� 1 ���835 <br /> ba�ance. Trust�e sha�Z be under no duty to take any action hereunder except as express�y <br /> requ�red hereunder or by �aw, or t� perf�rm any a�t which v�auld �r�valve Trustee �n an� expens� <br /> or �iab��ity or to inst�tute or def�nd any suit in respect hereof, unless praperly indemnified to <br /> Trustee's reas�nable satisfact�on. Trustee, �� acc�ptance of this S��urity Instrument, ��venants <br /> to perform and fu�fil� the trusts herein created, be�ng liab�e, however, only f�r bad faith, gross <br /> neg�igence or willfu� m�sconduct, and hereby waives any statut�ry fee and agrees to ace�pt <br /> cammerc�a��y r�as�nab�e cornpensat�an, in lieu thereaf, for any s�r��c�s rendered by Trustee in <br /> a�cardance with the terms hereof. Trust�e may res�gn at any time up�n giving th�rty t3�� days' <br /> n�tice to Ind���dua� Borrower and to Lender. Le�der may r�move Trustee at any time or from <br /> t�me to t�me and select a successor trustee, �rovided such succ�ssor trustee shall agree to wai�e <br /> any statutory fee and shall agree to accept commercia�iy reasonab�e �ompensatian, in �ieu, <br /> there�f. In the e�ent of the death, rem�va�, resignation, refusa� to act, or inab���t� to act of <br /> Trusteey ar �n �ts so�e C�15Cret1�I7 f�r all� reas�n whats�ever Lender mayy without not�ce ar�d <br /> wathout specifying any reason theref�r and W�thout app��ing to any Court, select and appo�nt a <br /> success�r trustee ro��ded such successor trustee shall agree to waive any statutory fee and shall <br /> agree to acc�pt commercia�ly reasanable c�mpensatian, �n lieu, thereo�, by an �nstrument <br /> rec�rded �vhere�er th�s Security Instrum�nt is recorded and al� powers, rights, duties and <br /> authority af Trustee, as afaresaid, shall thereupfln become vested in such successor. Such <br /> substitute trustee sha�� not he required to g�ve bond for the fa�thfu� performance of the duti�s of <br /> Trustee hereunder unless requxr�d by Lender. The procedure pra�ided for �n this paragraph for <br /> subst�tut�on of Trustee shall be in additi�n to and not in e�clusion of any other provisions f�r <br /> substitut�an, by law or otherwise. . <br /> Sect��n 15.2 Truste�'s F�es. Indi�idual �orrower shall pay all reas�nable and <br /> doc�mented e�sts, fees and expenses incurred by Trustee and Trust�e's agents and counsel �n <br /> cannect�nn wzth the performance by Trustee of Trustee's duties hereunder and a�� such casts, <br /> reasonable and documented fees and expenses sha�1 be se�ured by th�s Security Instrument. <br /> Sect��n 15.3 �erta�n Ri hts. After and during th� continuance of an Event af <br /> I]�faul�, w�th the appraval of Lend�r, Trustee sha1� have the right to ta�e any and all of the <br /> fo��ovving actions: (a}to se�e�ty empl�y, and ad�ise with �ounsel �wh� may be, but need not, be <br /> counsel for Lender} upon any matters a.rising hereunder, and shal� be fu11�pratected in re�ying as <br /> to �egal matters on the adv�ce of counse�, �b} to execute any ��the trusts and powers hereaf and <br /> ta �erform any duty her�ur�der �ither d�rectly or through hxslher agents ar attorneys and �c� any <br /> and all other lawful actions as Lender may instruct Trustee to take ta protect �r enf�rce Lender's <br /> rights h�reunder and as are permitted by the L�an Documents. Trustee shall n�t be pers�na��y <br /> �iable in case of entry by Trust�e, or anyone entering by virtue of the pov�rers herein granted t� <br /> Trustee, upon the Property for debts contracted f�r or �iability ar damages incurred in the <br /> management or operat��n of the Property, except f�r Trust�e's bad faith, gross negl�gen�e or <br /> W��lfu� mi5c�ndu�t. Trustee sha11 have the right to rely an any instrument� document, or <br /> � signature authoriz�r�g or sup�orting an a�t�on taken �r prop�sed to be tal�en b� Trustee <br /> her�under, be��eved by Trustee rn gaod faith to be genuxne. Trustee sha�� be er�t�tled t� <br /> reimbursement f�r actual reasonab�e and do�umented expenses �ncurred by Truste� in the <br /> performar�ce nf Trustee's duties hereur�der and ta reas�nable comper�.sat�on for such af Trustee's <br /> serv�ces hereunder as sha��be rendered. <br /> � �3 <br /> [NEWYaR�3159827 4] <br />