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r f' ~, i I: I' [1 " I; i I' I: c ~ I' f ~ r , ~;. ~ ~ f? ~ ~c 'f_ ~- , ~ ! ~ t rL to: ~ ~- 88-10002? possession thereof, and that if Mortgagor fails to vacate the Mortgaged Property, or any part thereof immediately at such purchaser's request, such purchaser(s) may, and shall have the right to, file or institute an action in forcible entry and detainer or insti tute or maintain any other action or suitor exercise any other rights or remedies given landlords under any statute or law. Notwithstanding the above, however, at the option of any purchaser at such sale, all subtenant leases covering the Mortgaged Property or any part thereof in effect at the time of such sale shall remain in full force and effect and such purchaser shall automatically become the "landlord" thereunder' with all rights and obligations accruing to the landlord thereunder. ARTICLE IV THE TRUSTEE SECTION 4.1 Successor Trustee. In case of the absence, death, disability, refusal, or failure of the Trustee herein named to act, or for any other reason if the holder or holders of the Indebtedness shall so desire, the holder or holders of the Indebtedness are hereby authorized and empowered to name, consti tute, and appoint, wi thout any other formali ty than an appointment and designation in writing properly executed, acknowl- edged and recorded, another trustee in the place and stead of the Trustee herein originally named or in the place and stead of any other trustee later substituted therefor, all of whom successively shall while so acting have all of the title, rights, powers, and authority and be charged with all of the duties that are conferred or charged upon the Trustee. Any conveyance by such substi tute trustee or by any trustee later substituted therefor as aforesaid to the purchaser at any sale as herein provided shall be equally valid and effective. Any such right to appoint a successor or substitute trustee shall exist as often and whenever from any of the said causes any trustee, original or substitute, cannot or will not act hereunder, and any successor or substitute trustee shall not be disqualified from acting in such capacity by reason that said successor trustee has been, is or thereafter shall be an attorney, agent or employee of the Beneficiary. SECTION 4.2 Exculpation of Trustee. The Trustee shall, have no duties and shall not be obligated to perform any acts other than those herein expressly set forth or intended except if otherwise required by applicable law. Without limi ta- tion, the Trustee shall not be responsible for the execution, acknowledgment, cr validity of this Deed of Trust, or of any instrument amendatory hereof or supplemental hereto or of the Note or of any other Indebtedness, or for the sufficiency of the securi ty purported to be created hereby. The Trustee shall not incur any personal liability hereunder except for his own willful neglect, gross negligence, or default; and the Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. -27- L L r-- -.J (.