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- 22- 20051234Ll any order or decree of foreclosure of this Deed of Trust and (if a Default shall have occurred) all notice or notices of seizure, and all right to have the Trust Estate marshalled upon any foreclosure hereof. Neither the Trustee nor the Beneficiary shall be obligated to pursue or exhaust its rights or remedies as against any other part ofthe Trust Estate and the Trustor hereby waives any right or claim of right to have the Trustee or the Beneficiary proceed in any particular order. ARTICLE 5 The Trustee Section 5.01. Acceptance bv Trustee. The Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 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 Deed of Trust NY3:#7374669