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200603561 <br />applications and other documents received by Grantor in connection with any such <br />petition and any proceedings relating thereto. <br />(v) If there shall be filed by or against Grantor a petition under the <br />Bankruptcy Code and Grantor, as lessee under any Occupancy Agreement, shall <br />determine to reject such Occupancy Agreement pursuant to Section 365(a) of the <br />Bankruptcy Code, then Grantor shall give Beneficiary not less than ten (10) days' prior <br />notice of the date on which Grantor shall apply to the Bankruptcy Court for authority to <br />reject such Occupancy Agreement. <br />29. Successor Trustee. Beneficiary in any event is hereby authorized to appoint a <br />substitute trustee, or a successor trustee, to act instead of the Trustee named herein without other <br />formality than the designation in writing of a substitute or successor trustee, such written <br />designation to be in proper recordable form; and the authority hereby conferred shall extend to <br />the appointment of other successor and substitute trustees successively until the Obligations and <br />other sums hereby secured have been paid in full, or until said property is sold hereunder, and <br />each substitute and successor trustee shall succeed to all of the rights and powers of the original <br />trustee named herein. <br />30. Last Dollars Secured; Priority. To the extent that this Deed of Trust secures only <br />a portion of the indebtedness owing or which may become owing by the Grantor, the parties <br />agree that any payments or repayments of such indebtedness shall be and be deemed to be <br />applied first to the portion of the indebtedness that is not secured hereby, it being the parties' <br />intent that the portion of the indebtedness last remaining unpaid shall be secured hereby. <br />31. Indenture Trustee. The actions of Beneficiary hereunder are subject to the <br />provisions of the Indenture. Beneficiary shall have the right hereunder to make demands, to give <br />notices, to exercise or refrain from exercising any rights, to take or refrain from taking action <br />(including, without limitation, the release or substitution of Trust Property), and shall be entitled <br />to all the protections, exculpations, immunities and standard of care, in each case in accordance <br />with this Deed of Trust and the Indenture. <br />32. State Specific Provisions. To the extent of any inconsistency between this <br />Section and the other provisions of this Deed of Trust, the terms and provisions of this Section <br />shall govern and control. <br />(a) Trustee Liability and Compensation. Trustee shall not be liable for any error of <br />judgment or act done by Trustee, or be otherwise responsible or accountable under any <br />circumstances whatsoever. Trustee shall not be personally liable in case of entry by it or anyone <br />acting by virtue of the powers herein granted it upon the Deed of Trust for debts contracted or <br />liability for damages incurred in the management or operation of the Trust Property. Trustee <br />shall have the right to rely on any instrument, document or signature authorizing or supporting <br />any action taken or proposed to be taken by it hereunder or believed by it in good faith to be <br />genuine. Trustee shall be entitled to reimbursement for expenses incurred by it in the <br />performance of its duties hereunder and to reasonable compensation for such of its services <br />hereunder as shall be rendered. Grantor will, from time to time, pay compensation due Trustee <br />hereunder and reimburse Trustee for and save and hold it harmless from and against any and all <br />