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200004084 -17- make the same and of all facts therein recited. If Beneficiary is a corporation, limited liability company or association and such appointment is executed on its behalf by an officer of such limited liability company, corporation or association, such appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient without proof of any action by the board of directors or any superior officer of the corporation or association. Upon the making of any such appointment and designation, all of the estate and title of Trustee(s) in the Premises shall vest in the named successor or substitute Trustee(s) and he shall thereupon succeed to and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee(s); but nevertheless, upon the written request of the Beneficiary or of the successor or substitute Trustee(s), the Trustee(s) ceasing to act shall execute and deliver an instrument transferring to such successor or substitute Trustee(s) all of the estate and title in the Premises of the Trustee(s) so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the Trustee(s), and shall duly assign, transfer and deliver any of the properties and moneys held by said Trustee(s) hereunder to said successor or substitute Trustee. All references herein to "Trustee" shall be deemed to refer to Trustee or Trustees (including any successor or substitute appointed and designated as herein provided) from time to time acting hereunder. 7.10 No Liability of Trustee. No Trustee shall be liable for any error of judgment or act done by a Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever (including such Trustee's negligence), except for a Trustee's gross negligence or willful misconduct. A Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. All moneys received by a Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received, but need not be segregated in any manner from any other moneys (except to the extent required by law), and a Trustee shall be under no liability for interest on any moneys received by him hereunder. Trustor hereby ratifies and confirms any and all acts which the herein named Trustee(s) or his successor or successor(s), substitute or substitute(s), in this trust, shall do lawfully by virtue hereof. Trustor will reimburse Trustees for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties. The foregoing indemnity shall not terminate upon discharge of the Indebtedness Hereby Secured or foreclosure, or release or other termination of this Deed of Trust. 7.11 Compliance with Usury Laws. It is the intent of Trustor and Beneficiary and all other parties to the Loan Documents to conform to and contract in strict compliance with applicable usury law from time to time in effect. All agreements between Beneficiary and Trustor (or any other party liable with respect to any indebtedness under the Loan Documents) are hereby limited by the provisions of this Section which shall override and control all such agreements, whether now existing or hereafter arising and whether written or oral. In no way, nor in any event or contingency (including but not limited to prepayment, default, demand for payment, or acceleration of the maturity of any obligation), shall the interest contracted for, charged or received under this Deed of LEASEHOLD DEED OF TRUST 692960.5