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200500259 <br />appoint a substitute trustee or multiple substitute trustees, or successive substitute trustees or <br />successive multiple substitute trustees, to act instead of the aforenamed Trustee, Administrative <br />Agent shall have full power to appoint a substitute trustee (or, if preferred, multiple substitute <br />trustees) in succession who shall succeed (and if multiple substitute trustees are appointed, each <br />of such multiple substitute trustees shall succeed) to all the estates, rights, powers, and duties of <br />the aforenamed Trustee. Such appointment may be executed by any authorized agent of <br />Administrative Agent, and if such Administrative Agent be a corporation and such appointment <br />be executed in its behalf by any officer of such corporation, such appointment shall be <br />conclusively presumed to be executed with authority and shall be valid and sufficient without <br />proof of any action by the board of directors or any superior officer of the corporation. Debtor <br />hereby ratifies and confirms any and all acts which the aforenamed Trustee, or his successor or <br />successors in this trust, shall do lawfully by virtue hereof. If multiple substitute Trustees are <br />appointed, each of such multiple substitute Trustees shall be empowered and authorized to act <br />alone without the necessity of the joinder of the other multiple substitute trustees, whenever any <br />action or undertaking of such substitute trustees is requested or required under or pursuant to this <br />Deed of Trust or applicable law. <br />(e) Should any deed, conveyance, or instrument of any nature be required <br />from Debtor by any Trustee or substitute Trustee to more fully and certainly vest in and confirm <br />to the Trustee or substitute Trustee such estates, rights, powers, and duties, then, upon request by <br />the Trustee or substitute Trustee, any and all such deeds, conveyances and instruments shall be <br />made, executed, acknowledged, and delivered and shall be caused to be recorded and /or filed by <br />Debtor. <br />(f) Any substitute Trustee appointed pursuant to any of the provisions hereof <br />shall, without any further act, deed, or conveyance, become vested with all the estates, <br />properties, rights, powers, and trusts of its or his predecessor in the rights hereunder with like <br />effect as if originally named as Trustee herein; but nevertheless, upon the written request of <br />Administrative Agent or of the substitute Trustee, the Trustee ceasing to act shall execute and <br />deliver any instrument transferring to such substitute Trustee, upon the trusts herein expressed, <br />all the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall <br />duly assign, transfer and deliver any of the property and moneys held by such Trustee to the <br />substitute Trustee so appointed in the Trustee's place. <br />(g) By accepting or approving anything required to be observed, performed, <br />or fulfilled or to be given to Trustee or Administrative Agent pursuant to the Loan Documents, <br />including without limitation, any officer's certificate, balance sheet, statement of profit and loss <br />or other financial statement, survey, appraisal, or insurance policy, neither Trustee nor <br />Administrative Agent shall be deemed to have warranted, consented to, or affirmed the <br />sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or <br />condition thereof, and such acceptance or approval thereof shall not be or constitute any <br />warranty or affirmation with respect thereto by Trustee or Administrative Agent. <br />(h) Indemnity. DEBTOR WILL INDEMNIFY AND HOLD HARMLESS <br />TRUSTEE, EACH LENDER, THE ADMINISTRATIVE AGENT, AND EACH OF THEIR <br />RESPECTIVE AFFILIATES, AND THE EMPLOYEES, REPRESENTATIVES, <br />SHAREHOLDERS, OFFICERS AND DIRECTORS, AGENTS, ATTORNEYS, <br />CONSULTANTS AND EMPLOYEES OF EACH LENDER, THE ADMINISTRATIVE <br />DEED OF TRUST— Page 22 <br />