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200800520 ~ 200~22 The substitution shall identify the trustee by stating the names of the original parties thereto, the date of recordation, and the book and page or computer system reference where the trust deed is recorded, shall state the name of the new trustee, and shall be executed and acknowledged by all of the beneficiaries under the trust deed or their successors in interest. The recorded substitution shall also contain or have attached to it an affidavit that a copy of the substitution has, by regular United States mail, with postage prepaid, been mailed to the last known address of the trustee being replaced or an affidavit of personal service of a copy thereof or of publication of notice thereof, which notice shaH be published one time in a newspaper having general circulation and any county in whieh the trust property or some part thereof is situated. Any affidavit contained in or attached to the substitution shall constitute prima facie evidence of the facts required to be stated and eonclusive evidenee of such faets as to bona fide purchasers and encumbrances for value of the trust property or of any beneficial interest in the trust deed. 4.16 Covenants of Trustee. Trustee covenants faithfully to perform the trust herein created, being liable, however, only for its own gross negligence or misconduct and that of the employees and agents of Trustee. 4.17 Emplovment of Al!ents. Trustee, or anyone acting in its stead, shall have, in its discretion, authority to employ all proper agents and attorneys in the execution of this trust and in the conducting of any sale made pursuant to the terms hereof, and to pay for such services rendered out of the proceeds of the sale of the Premises, should any be realized; and if no sale be made or if the proceeds of sale be insufficient to pay the same, then Grantor hereby undertakes and agrees to pay the costs of such services rendered to Trustee. Trustee may rely on any document believed by it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. 4.18 Indemnification of Trustee and Beneficiarv. If Trustee or Beneficiary shall be made a party to or shall intervene in any action or proceeding affecting the Premises or the title thereto, or the interest of Trustee or Beneficiary under this Deed of Trust, except for any action or proceeding arising out of the willful misconduct or, to the extent prohibited by law, the gross negligence of Trustee or Beneficiary, Trustee and Beneficiary shall be reimbursed by Grantor, immediately and without demand, for all reasonable costs, charges and attorneys' fees incurred by them or any of them in any case, and the same shall become so much additional indebtedness secured hereby. 4.19 Matters to Be in Writing. This Deed of Trust cannot be altered, amended, modified, terminated, waived, released or discharges except in a writing signed by the party against whom enforcement is sought. 4.20 Administrative Al!ent. To the extent that any action is to be taken, any information is to be delivered to or by Beneficiary, any determination is to be made, or any consent is to be given or withheld by Beneficiary, any such action, delivery, determination or consent shall be taken, made or given or withheld, as the case may be, by Administrative Agent or any successor agent thereto. 25 NEWY I \8176568.2