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200206622 <br />appoint another trustee or trustees in the place and stead of Trustee or any successor trustee, by <br />written instrument duly recorded in the appropriate public records of the county or counties <br />wherein the Land is situated, and any such successor trustee shall have the same title, authority <br />and powers as the original Trustee herein named. <br />5.07 Indemnification of Trustee. Except for willful misconduct, Trustee shall not be <br />liable for any actor omission or error of judgment. Trustee may rely on any document believed <br />by it in good faith to be genuine. All money received by Trustee shall, until used or applied as <br />herein provided, be held in trust, but need not be segregated (except to the extent required by <br />law), and Trustee shall not be liable for interest thereon. Grantor shall indemnify Trustee against <br />all liability and expenses which it may incur in the performance of its duties hereunder. <br />5.08 Assignment. The interest of Beneficiary in this Instrument is assignable by <br />Beneficiary, and any assignment hereof by Beneficiary shall operate to vest in the assignee all <br />rights and powers herein conferred upon and granted to Beneficiary. <br />5.09 Time of the Essence. Time is of the essence with respect to each and every <br />covenant, agreement and obligation of Grantor under this Instrument, and any and all other <br />instruments now or hereafter evidencing, securing or otherwise relating to the Obligations. <br />5.10 Counterparts. This Instrument may be executed in any number of counterparts, <br />each of which is deemed to be an original document, all of which taken together shall constitute <br />one and the same hstrument. <br />5.11 Trustee Acceptance. Trustee accepts this trust when this Instrument, duly <br />executed and acknowledged, is made a public record as provided by law. <br />-21- <br />