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NAI- 1502659666v3
<br />201703609
<br />4.16 Acceptance of Trust: Powers and Duties of Trustee.
<br />(a) Trustee accepts this trust when this Security Instrument is recorded. Except
<br />as may be required by applicable law, Trustee or Grantee may from time to time apply to
<br />any court of competent jurisdiction for aid and direction in the execution of the trust
<br />hereunder and the enforcement of the rights and remedies available hereunder, and may
<br />obtain orders or decrees directing or confirming or approving acts in the execution of said
<br />trust and the enforcement of said remedies.
<br />(b) Trustee shall not be required to take any action toward the execution and
<br />enforcement of the trust hereby created or to institute, appear in, or defend any action, suit,
<br />or other proceeding in connection therewith where, in Trustee's opinion, such action would
<br />be likely to involve him in expense or liability, unless requested so to do by a written
<br />instrument signed by Grantee and, if Trustee so requests, unless Trustee is tendered
<br />security and indemnity satisfactory to Trustee against any and all cost, expense, and
<br />liability arising therefrom. Trustee shall not be responsible for the execution,
<br />acknowledgment, or validity of the Loan Documents, or for the proper authorization
<br />thereof, or for the sufficiency of the lien and security interest purported to be created
<br />hereby, and Trustee makes no representation in respect thereof or in respect of the rights,
<br />remedies, and recourses of Grantee.
<br />(c) With the approval of Grantee, Trustee shall have the right to take any and all
<br />of the following actions: (i) to select, employ, and advise with counsel (who may be, but
<br />need not be, counsel for Grantee) upon any matters arising hereunder, including the
<br />preparation, execution, and interpretation of the Loan Documents, and shall be fully
<br />protected in relying as to legal matters on the advice of counsel, (ii) to execute any of the
<br />trusts and powers hereof and to perform any duty hereunder either directly or through his
<br />agents or attorneys, (iii) to select and employ, in and about the execution of his duties
<br />hereunder, suitable accountants, engineers and other experts, agents and attorneys -in -fact,
<br />either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not
<br />be answerable for any act, default, negligence, or misconduct of any such accountant,
<br />engineer or other expert, agent or attorney -in -fact, if selected with reasonable care, or for
<br />any error of judgment or act done by Trustee in good faith, or be otherwise responsible or
<br />accountable under any circumstances whatsoever, except for Trustee's gross negligence or
<br />bad faith, and (iv) any and all other lawful action as Grantee may instruct Trustee to take to
<br />protect or enforce Grantee's rights hereunder. Trustee shall not be personally liable in case
<br />of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee,
<br />upon the Property for debts contracted for or liability or damages incurred in the
<br />management or operation of the Property, except for Trustee's gross negligence or bad
<br />faith. 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 Trustee hereunder,
<br />believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement
<br />for reasonable expenses incurred by Trustee in the performance of Trustee's duties
<br />hereunder and to reasonable compensation for such of Trustee's services hereunder as shall
<br />be rendered. GRANTOR WILL, FROM TIME TO TIME, PAY THE COMPENSATION
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