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200600022
<br />Article 16 - DEED OF TRUST PROVISIONS
<br />Section 16.1 CONCERNING THE TRUSTEE. Trustee shall be under . no duty to take any
<br />action hereunder except as expressly required hereunder or by law, or to perform any act which
<br />would involve Trustee in any expense or liability or to institute or defend any suit in respect
<br />hereof, unless properly indemnified to Trustee's reasonable satisfaction. Trustee, by acceptance
<br />of this Security Instrument, covenants to perform and fulfill the trusts herein created, being
<br />liable, however, only for gross negligence or willful misconduct, and hereby waives any
<br />statutory fee and agrees to accept reasonable compensation, in lieu thereof, for any services
<br />rendered by Trustee in accordance with the terms hereof. Trustee may resign at any time upon
<br />giving thirty (30) days' notice to Borrower and to Administrative Agent. Administrative Agent
<br />may remove Trustee at any time or from time to time and select a successor trustee. In the event
<br />of the death, removal, resignation, refusal to act, or inability to act of Trustee, or in its sole
<br />discretion for any reason whatsoever Administrative Agent may, without notice and without
<br />specifying any reason therefor and without applying to any court, select and appoint a successor
<br />trustee, by an instrument recorded wherever this Security Instrument is recorded and all powers,
<br />rights, duties and authority of Trustee, as aforesaid, shall thereupon become vested in such
<br />successor. Such substitute trustee shall not be required to give bond for the faithful performance
<br />of the duties of Trustee hereunder unless required by Administrative Agent. The procedure
<br />provided for in this paragraph for substitution of Trustee shall be in addition to and not in
<br />exclusion of any other provisions for substitution, by law or otherwise.
<br />Section 16.2 TRUSTEE'S FEES. Borrower shall pay all reasonable costs, fees and
<br />expenses incurred by Trustee and Trustee's agents and counsel in connection • with the
<br />performance by Trustee of Trustee's duties hereunder and all such costs, fees and expenses shall
<br />be secured by this Security Instrument.
<br />Section 16.3 CERTAIN RIGHTS. With the approval of Administrative Agent, Trustee
<br />shall have the right to take any and all of the following actions: (i) to select, employ, and advise
<br />with counsel (who may be, but need not be, counsel for Administrative Agent) upon any matters
<br />arising hereunder, including the preparation, execution, and interpretation of the Note, this
<br />Security. Instrument or the other Loan Documents, and shall be fully protected in relying as to
<br />legal matters on the advice of counsel, (ii) to execute any of the trusts and powers hereof and to
<br />perform any duty hereunder either directly or through his/her agents or attorneys, (iii) to select
<br />and employ, in and about the execution of his/her duties hereunder, suitable accountants,
<br />engineers and other experts, agents and attorneys -in -fact, either corporate or individual, not
<br />regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default,
<br />negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney -in-
<br />fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good
<br />faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for
<br />Trustee's gross negligence or bad faith, and (iv) any and all other lawful action as Administrative
<br />Agent may instruct Trustee to take to protect or enforce Administrative Agent's rights hereunder.
<br />Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of
<br />the powers herein granted to Trustee, upon the Property for debts contracted for or liability or
<br />damages incurred in the management or operation of the Property. Trustee shall have the right to
<br />rely on any instrument, document, or signature authorizing or supporting an action taken or
<br />proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine.
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