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_22- 200111898 Section 5.02. Compensation. The Trustee waives any statutory fee and shall accept reasonable compensation from the Beneficiary in lieu thereof for any services rendered by it in accordance with the terms hereof. Section 5.03. Action in Accordance With Instructions. Upon receipt by the Trustee of instructions from the Beneficiary at any time or from time to time, the Trustee shall (a) give any notice or direction or exercise any right, remedy or power hereunder or in respect of any part or all of the Trust Estate as shall be specified in such instructions and (b) approve as satisfactory all matters required by the terms hereof to be satisfactory to the Trustee or to the Beneficiary. The Trustee may, but need not, take any of such actions in the absence of such instructions. In addition, at any time or from time to time, upon request of the Beneficiary and presentation of this Deed of Trust for endorsement, and without affecting the liability of any person for payment of the Obligations, the Trustee may, upon such request, reconvey all or any part of the Trust Estate, consent to the making of any map or plat thereof, join in granting any easement thereon, or join in any extension agreement or any agreement subordinating the lien and estate hereof. Section 5.04. Resignation. The Trustee may resign at any time upon giving not less than 60 days' prior notice to the Beneficiary but shall continue to act as trustee until its successor shall have been qualified and appointed pursuant to Section 5.05. Section 5.05. Successor Trustee. In the event of the death, removal, resignation or refusal or inability of the Trustee to act, for any reason, at any time, the Beneficiary shall have the irrevocable power, with or without cause, without notice of any kind, and without applying to any court, to select and appoint a successor trustee. Each such appointment and substitution shall be made by notice to the Trustor, the Trustee and successor trustee and by recording notice of such in each office in which this Deed of Trust is recorded. Such notice shall be executed and acknowledged by the Beneficiary and shall contain reference to this Deed of Trust and when so recorded shall be conclusive proof of proper appointment of the successor trustee. Such successor shall not be required to give bond for the faithful performance of its duties unless required by the Beneficiary. ARTICLE 6 -- Miscellaneous Section 6.01. Reconveyance by Trustee. Upon the termination of the Commitments under and as defined in the Credit Agreement and the payment in full of the Obligations, the Beneficiary shall cause the Trustee to release the Lien of this Deed of Trust and Deed of Trust NYI: #3303402v2