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2oioo�9�� <br />exercise by the Beneficiary of its rights and rernedies hereunder, any foreclosure on all or any <br />part of the Trust Estate and the cancellation or satisfaction of this Deed af Trust. <br />Section 6.08. Trustee. <br />(A) Subject to applicable law, the Trustee may resign by an instrument in <br />writing addressed to the Beneficiary, or the Trustee may be removed at any time with or without <br />cause by an instrum�nt in writing execut�d by the Beneficiary. In case of the death, resignation, <br />removal or disquali�cation of the Trustee or if for any reason the Bene�ciary shall deexn it <br />desirable to appoint a substitute or successor Trustee, then the Bene�ciary shall have the ri�ht <br />and is hereby authorized and empowered to appoint a successor Trustee, or a substitute Trustee, <br />withaut other formality than appointment and designation in writing executed by the Bene�ciary, <br />and the authority hereby conferred shall extend to the appointment of other successor and <br />substitute Trustees successively until the Grantor's obligations have been satisfied under <br />Section 6.02 herenf or until the Trust Estate is sold hereunder. Such appointment and <br />designation by the Bene�ciary shall be full evidence of the right and authority to make the same <br />and all facts therein recited. All references herein shall be deemed to refer to the Trustee <br />(including any successor or substitute appointed and designated as herein pravided) from time to <br />time acting hereunder. Except as otherwise requrxed by applicable law, the Trustee shall not <br />perfonn any act or omit to act hereunder unless, prior to such act or omission, the Beneficiary <br />delivers ta the Trustee direction to so act or omit to act. The Grantor hereby ratifies and <br />confirms any and all acts which the Trustee herein named or its successor or successors, <br />substitute vr substitutes, in this trust, shall do lawfully by virtue hereof. <br />(B) The Trustee shall not be liable for any error of jud�ment or act done by the <br />Trustee in good faith, or otherwise be responsible or accountable under any circumstances <br />whatsoever, except for the Trustee's gross negligence or willful misconduct. The Trustee shall <br />have the right to rely upon any instrument, document ar signature authorizing or supporting any <br />action taken or propased to be taken by it hereunder, believed by it in gaod faith to be genuine. <br />All moneys received by the Trustee shall, until used or applied as herein provided, be held in <br />trust for the purposes for which they were received, but need not be segregated in any manner <br />from any other moneys (except ta the �xtent r�quired by law or by the Beneficiary), and the <br />Trustee shall be under no liability for interest on any moneys received by it hereunder. <br />(C) The Beneficiary hereby agrees to indemnify and save harmless the Trustee <br />from and against any liability or darnages which the Trustee may incur or sustain in the exercise <br />and performance of its rights and duties hereunder, unless incurred or sustained as a result of the <br />Trustee's grvss negligence ar willful miscanduct. <br />[Signatures follow on next page.] <br />14 <br />