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200010492
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Last modified
10/13/2011 10:22:11 PM
Creation date
10/20/2005 10:31:11 PM
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DEEDS
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200010492
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;L000-10492 492 31 <br />Such substitute trustee shall be appointed by written <br />instrument duly recorded in the county where the Land is <br />located. Grantor hereby ratifies and confirms any and all <br />acts that the herein named Trustee, or his successor or <br />successors in this trust, shall do lawfully by virtue <br />hereof. Grantor hereby agrees, on behalf of itself and its <br />heirs, executors, administrators and assigns, that the <br />recitals contained in any deed or deeds executed in due form <br />by any Trustee or substitute trustee, acting under the <br />provisions of this instrument, shall be prima facie evidence <br />of the facts recited, and that it shall not be necessary to <br />prove in any court, otherwise than by such recitals, the <br />existence of the facts essential to authorize the execution <br />and delivery of such deed or deeds and the passing of title <br />thereby. <br />(d) Trustee shall not be required to see that this <br />Deed of Trust is recorded, nor liable for its validity or <br />its priority as a first deed of trust, or otherwise, nor <br />shall Trustee be answerable or responsible for performance <br />or observance of the covenants and agreements imposed upon <br />Grantor or Beneficiary by this Deed of Trust or any other <br />agreement. Trustee, as well as Beneficiary, shall have <br />authority in their respective discretion to employ agents <br />and attorneys in the execution of this trust and to protect <br />the interest of the Beneficiary hereunder, and to the extent <br />permitted by law they shall be compensated and all expenses <br />relating to the employment of such agents and /or attorneys, <br />including expenses of litigations, shall be paid out of the <br />proceeds of the sale of the Trust Property conveyed hereby <br />should a sale be had, but if no such sale be had, all sums <br />so paid out shall be recoverable to the extent permitted by <br />law by all remedies at law or in equity. <br />(e) At any time, or from time to time, without <br />liability therefor and with 10 days' prior written notice to <br />Grantor, upon written request of Beneficiary and without <br />affecting the effect of this Deed of Trust upon the <br />remainder of the Trust Property, Trustee may (i) reconvey <br />any part of the Trust Property, (ii) consent in writing to <br />the making of any map or plat thereof, so long as Grantor <br />has consented thereto, (iii) join in granting any easement <br />thereon, so long as Grantor has consented thereto, or <br />(iv) join in any extension agreement or any agreement <br />subordinating the lien or charge hereof. <br />[The balance of this page intentionally left blank.] <br />[NYCorp;1105401.3:DPCO2:11 /11/00- 12:05a] (Hall County) <br />
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