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200011183
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Last modified
10/13/2011 11:02:02 PM
Creation date
10/20/2005 10:48:45 PM
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DEEDS
Inst Number
200011183
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200011183 <br />ARTICLE IV <br />CONCERNING TRUSTEE <br />4.01 Liability and Acceptance. Trustee, by its acceptance hereof, covenants faithfully to <br />perform and fulfill the trusts herein created, being liable, however, only for willful negligence or <br />misconduct. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, <br />is made a matter of public record as provided by law. <br />4.02 Resignation. Trustee may resign at any time upon giving thirty (3 0) days' notice in <br />writing to Trustor and to beneficiary. <br />4.03 Successor Trustee. Beneficiary may remove Trustee at any time or from time to time <br />and select a successor trustee. In the event of the death, dissolution, removal, resignation, refusal to <br />act, or inability to act of Trustee, or in its sole discretion for any reason whatsoever, Beneficiary may, <br />without notice and without specifying any reason therefor and without applying to any court, select <br />and appoint a successor trustee, and all powers, rights, duties and authority of Trustee, as aforesaid, <br />shall thereupon become vested in such successor, without any need for conveyance from any. <br />predecessor trustee. Such successor trustee shall not be required to give bond for the faithful <br />performance of its duties unless required by Beneficiary. Such successor trustee shall be appointed <br />by written instrument duly recorded in each county where the Premises or any part thereof are <br />located, which appointment may be executed by an authorized agent of Beneficiary and if <br />Beneficiary is a trust or corporation and such appointment be executed in its behalf by any single <br />trustee or officer of such trust of corporation, such appointment shall be conclusively presumed to <br />be executed with authority and shall be valid and sufficient without proof of any action by the <br />trustees or Board of Directors or any superior officer of the trust or corporation. Trustor hereby <br />ratifies and confirms any and all acts which the herein Trustee, or its successor or successors in this <br />trust, shall do lawfully by virtue hereof. <br />ARTICLE V <br />MISCELLANEOUS <br />5.01 Severability. In the event any one or more of the provisions contained in this Deed <br />of Trust shall for any reason be held to be invalid, illegal or unenforceable in any respect, such <br />invalidity, illegality or unenforceability shall not affect any other provision of this Deed of Trust, but <br />this Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never <br />been contained herein or therein. <br />5.02 Unsecured Debt. If the lien of this Deed of Trust is invalid or unenforceable as to any <br />part of the debt secured hereby, or if the lien is invalid or unenforceable as to any part of the <br />Property, the unsecured or partially secured portion of the debt shall be completely paid prior to the <br />payment of the remaining and secured or partially secured portion of the debt and all payments made <br />13 <br />
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