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<br />the body of this Deed of Trust and the terms and provisions set forth in Appendix A, the
<br />terms and provisions set forth in Appendix A shall govern and control.
<br />SECTION 4.02. Trustee's Powers and Liabilities. (a) Trustee, by
<br />acceptance hereof, covenants faithfully to perform and fulfill the trusts herein created,
<br />being liable, however, only for gross negligence, bad faith or willful misconduct, and
<br />hereby waives any statutory fee and agrees to accept reasonable compensation, in lieu
<br />thereof, for any services rendered by it in accordance with the terms hereof. All
<br />authorities, powers and discretions given in this Deed of Trust to Trustee and /or
<br />Beneficiary may be exercised by either, without the other, with the same effect as if
<br />exercised jointly.
<br />(b) Trustee may resign at any time upon giving 30 days' notice in writing
<br />to Grantor and to Beneficiary.
<br />(c) Beneficiary may remove Trustee at any time or from time to time and
<br />select a successor trustee. In the event of the death, removal, resignation, refusal to act,
<br />inability to act or absence of Trustee from the state in which the premises are located, or
<br />in its sole discretion for any reason whatsoever, Beneficiary may, upon notice to the
<br />Grantor and without specifying the reason therefor and without applying to any court,
<br />select and appoint a successor trustee, and all powers, rights, duties and authority of the
<br />former trustee, as aforesaid, shall thereupon become vested in such successor. Such
<br />substitute trustee shall not be required to give bond for the faithful performance of his
<br />duties unless required by Beneficiary. Such substitute trustee shall be appointed by
<br />written instrument duly recorded in the county where the Land is located. Grantor hereby
<br />ratifies and confirms any and all acts that the herein named Trustee, or his successor or
<br />successors in this trust, shall do lawfully by virtue hereof. Grantor hereby agrees, on
<br />behalf of itself and its heirs, executors, administrators and assigns, that the recitals
<br />contained in any deed or deeds executed in due form by any Trustee or substitute trustee,
<br />acting under the provisions of this instrument, shall be prima facie evidence of the facts
<br />recited, and that it shall not be necessary to prove in any court, otherwise than by such
<br />recitals, the existence of the facts essential to authorize the execution and delivery of such
<br />deed or deeds and the passing of title thereby.
<br />(d) Trustee shall not be required to see that this Deed of Trust is recorded,
<br />nor liable for its validity or its priority as a first deed of trust, or otherwise, nor shall
<br />Trustee be answerable or responsible for performance or observance of the covenants and
<br />agreements imposed upon Grantor or Beneficiary by this Deed of Trust or any other
<br />agreement. Trustee, as well as Beneficiary, shall have authority in their respective
<br />discretion to employ agents and attorneys in the execution of this trust and to protect the
<br />interest of the Beneficiary hereunder, and to the extent permitted by law they shall be
<br />compensated and all expenses relating to the employment of such agents and/or
<br />attorneys, including expenses of litigations, shall be paid out of the proceeds of the sale
<br />of the Trust Property conveyed hereby should a sale be had, but if no such sale be had, all
<br />sums so paid out shall be recoverable to the extent permitted by law by all remedies at
<br />law or in equity.
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