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<br />200600597 <br /> <br />5.02 Terminology. All personal pronouns used in this Instrument whether used in the <br />masculine, feminine or neuter gender, shall include all other genders; the singular shall include <br />the plural, and vice versa. Titles of Articles and Sections are for convenience only and neither <br />limit nor amplify the provisions of this Instrument itself, and all references herein to Articles, <br />Sections or Subsections thereof, shall refer to the corresponding Articles, Sections or Subsections <br />thereof, of this Instrument unless specific reference is made to such Articles, Sections or <br />Subsections thereof of another document or instrument. <br /> <br />5.03 Severability. If any provision of this Instrument or the application thereof to any <br />person or circumstance shall be invalid or unenforceable to any extent, the remainder of this <br />Instrument and the application of such provisions to other persons or circumstances shall not be <br />affected thereby and shall be enforced to the greatest extent permitted by law. <br /> <br />5.04 APPLICABLE LAW. THIS INSTRUMENT SHALL BE GOVERNED BY, <br />AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ARIZONA <br />WITHOUT GIVING EFFECT TO ITS LA WS RELATING TO CONFLICTS OF LAWS, <br />EXCEPT TO THE EXTENT THAT THE LAWS OF THE STATE WHERE THE PREMISES <br />ARE LOCATED SHALL GOVERN THE ATTACHMENT, CREATION, VALIDITY, <br />PRIORITY, PERFECTION OR MANNER OR PROCEDURE FOR ENFORCEMENT OF THE <br />LIENS OR SECURITY INTERESTS CREATED BY THIS INSTRUMENT; PROVIDED, <br />HOWEVER, ANY REMEDIES PROVIDED IN THIS INSTRUMENT WHICH ARE VALID <br />UNDER THE LA WS OF THE JURISDICTION WHERE PROCEEDINGS FOR THE <br />ENFORCEMENT OF THIS INSTRUMENT ARE TAKEN SHALL NOT BE AFFECTED BY <br />ANY INVALIDITY UNDER THE LAWS OF THE STATE OF GEORGIA. <br /> <br />5.05 Notices. Except as otherwise provided herein, any notice required hereunder shall <br />be in writing and either shall be delivered in person, by telegraph, telex or facsimile <br />transmission, or by registered or certified mail, return receipt requested, postage prepaid, and <br />shall be deemed to have been validly served, given or delivered on the date of delivery in person <br />or delivery by telex, telegram or facsimile transmitter or three (3) days after deposit in the United <br />States Postal Service and addressed to the party to be notified at its address set forth in the <br />opening paragraph hereof or to such other address as each party may designate for itself by like <br />notice. <br /> <br />5.06 Substitution of Trustee. Beneficiary has the power and shall be entitled, in its sole <br />discretion and without cause, successively to remove Trustee, or any successor trustee, and to <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 /> <br />5.07 Indemnification of Trustee. Except for willful misconduct, Trustee shall not be <br />liable for any act or 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 /> <br />-20- <br />