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200403313 18 <br />persons as attorney -in -fact to act as Trustee under him and in his name, place and stead in order <br />to take any actions that Trustee is authorized and empowered to do hereunder, such appointment <br />to be evidenced by an instrument signed and acknowledged by said Trustee, original or <br />substitute; and all acts done by said attorney -in -fact shall be valid, lawful and binding as if done <br />by said Trustee, original or substitute, in person. <br />34. Indemnification of Trustee. Except for gross negligence or willful misconduct, <br />Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any <br />document believed by him in good faith to be genuine. All money received by Trustee shall, <br />until used or applied as herein provided, be held in trust. Grantor shall indemnify Trustee against <br />all liability and expenses that he may incur in the performance of his duties hereunder except for <br />gross negligence or willful misconduct. <br />35. Receipt of Copy. Grantor acknowledges that it has received a true copy of this <br />Deed of Trust. <br />36. Release. Upon the Disposition of all or any portion of the Mortgaged Property <br />pursuant to the provisions of Section 10.14 of the Credit Agreement, the lien of this Deed of <br />Trust shall be released from the applicable portion of the Mortgaged Property. Beneficiary shall <br />execute any documents reasonably requested by Grantor to accomplish any release contemplated <br />by this Section and Grantor will pay all costs and expenses, including reasonable attorneys' fees, <br />disbursements and other charges, incurred by Beneficiary in connection with the preparation and <br />execution of such documents. <br />509265- 1023- 02729- NY02.2352389.1 <br />