Common use of ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE Clause in Contracts

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or performance of any Obligation, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon on written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or the performance of any Obligationobligations, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; ; (b) consent to the making of any map or plat thereofplat; and (c) join in granting any easement thereon; (d) join in grant of easement, any declaration of covenants covenants, conditions, and restrictions; or (e) join in , any extension agreement agreement, or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder trust and the enforcement of the rights and remedies available hereunderavailable, and Trustee or Beneficiary may obtain orders or decrees directing or confirming directing, confirming, or approving acts in the execution of said trusts the trust and the enforcement of said the remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which Trustor, Beneficiary Beneficiary, or Trustee shall will be a party) , unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall will not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against any loss, cost, liability and liability, or expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join in granting any easement thereonon the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or DEED OF TRUST (NORTH CAROLINA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 performance of any Secured Obligation, Trustee may, without liability therefor therefore and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join in granting any easement thereonon the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, Trust or a certified copy thereof, thereof for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Obligationobligations secured hereby, Trustee may, without liability therefor and without notice: : (ai) reconvey release all or any part of the Secured PropertySubject Property from the lien of this Deed of Trust; (bii) consent to the making of any map or plat thereof; and (ciii) join in granting any grant of easement thereon; (d) join in , any declaration of covenants and restrictions; , or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and or expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Agent and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary Agent may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Agent may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorLessor, Beneficiary Agent or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join in granting any easement thereonon the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Notwithstanding the foregoing, Beneficiary shall first obtain from Trustor, subject to no Default, their consent to subparagraphs (b), (c), and (d), and such consent shall not be unreasonably withheld. Nothing contained in the preceding sentences shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon on written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or the performance of any Obligationobligations, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; ; (b) consent to the making of any map or plat thereofplat; and (c) join in granting any easement thereon; (d) join in grant of easement, any declaration of covenants covenants, conditions, and restrictions; or (e) join in , any extension agreement agreement, or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder trust and the enforcement of the rights and remedies available hereunderavailable, and Trustee or Beneficiary may obtain orders or decrees directing or confirming directing, confirming, or approving acts in the execution of said trusts the trust and the enforcement of said the remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which Trustor, Beneficiary Beneficiary, or Trustee shall will be a party) , unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall will not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against any loss, cost, liability and liability, or expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. (a) Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or performance of any Obligation, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. . (b) Trustee has no obligation shall not be required to notify any party of any pending sale or take any action toward the execution and enforcement of the trust hereby created or to institute, appear in, or defend any action, suit, or other proceeding (includingin connection therewith where, without limitationin his opinion, actions such action would be likely to involve him in which Trustorexpense or liability, unless requested so to do by a written instrument signed by Beneficiary or and, if Trustee shall be a party) so requests, unless held or commenced Trustee is tendered security and maintained by indemnity satisfactory to Trustee under this Deed of Trustagainst any and all cost, expense, and liability arising therefrom. Trustee shall not be obligated responsible for the execution, acknowledgment, or validity of the Loan Documents, or for the proper authorization thereof, or for the sufficiency of the lien and security interest purported to be created hereby, and Trustee makes no representation in respect thereof or in respect of the rights, remedies, and recourses of Beneficiary. (c) With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (i) to select, employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys, (iii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act required done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad faith, and (iv) any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary's rights hereunder. Trustee shall not be personally liable in case of it hereunder unless entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Subject Property for debts contracted for or liability or damages incurred in the management or operation of the Subject Property. 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 Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by Trustee in the performance of Trustee's duties hereunder and to reasonable compensation for such of Trustee's services hereunder as shall be rendered. TRUSTOR WILL, FROM TIME TO TIME, PAY THE COMPENSATION DUE TO TRUSTEE HEREUNDER AND REIMBURSE TRUSTEE FOR, AND INDEMNIFY AND HOLD HARMLESS TRUSTEE AGAINST, ANY AND ALL LIABILITY AND REASONABLE AND DOCUMENTED OUT-OF-POCKET EXPENSES WHICH MAY BE INCURRED BY TRUSTEE IN THE PERFORMANCE OF TRUSTEE'S DUTIES. (d) All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the act is requested purposes for which they were received, but need not be segregated in writing any manner from any other moneys (except to the extent required by applicable law) and Trustee is reasonably indemnified shall be under no liability for interest on any moneys received by Trustee hereunder. (e) Should any deed, conveyance, or instrument of any nature be required from Trustor by any Trustee or substitute Trustee to more fully and held harmless against losscertainly vest in and confirm to the Trustee or substitute Trustee such estates, costrights, liability powers, and expenseduties, then, upon request by the Trustee or substitute Trustee, any and all such deeds, conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be caused to be recorded and/or filed by Trustor. (f) By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee pursuant to the Loan Documents, including without limitation, any deed, conveyance, instrument, officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Trustee shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Beneficiary, or Trustee at the direction of Beneficiary, may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join with Trustor in granting any easement thereonon the Property; (d) join with Trustor in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person Person for payment of any indebtedness or performance of any Obligationof the Security Obligations, Beneficiary, or Trustee at Beneficiary’s direction, may, without obligation to do so or liability therefor and without notice: : (a) reconvey all or any part of the Secured PropertySubject Property or the Collateral from the lien of this Deed of Trust; (b) consent to the making of any map or plat thereofof the Subject Property; and (c) join in granting any grant of easement thereon; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Subject Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which TrustorBorrower, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Obligationof the Secured Obligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability therefor and without notice: : (a) reconvey all or any part of the Secured PropertySubject Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat thereofof the Subject Property; and (c) join in granting any grant of easement thereon; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Subject Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Agent and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary Agent may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Agent may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorLessor, Beneficiary Agent or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.it

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law, presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Obligationof the Secured Obligations, Beneficiary, or Trustee at Beneficiary’s direction, may, without obligation to do so or liability therefor and without notice: : (a) reconvey all or any part of the Secured PropertySubject Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat thereofof the Subject Property; and (c) join in granting any grant of easement thereon; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Subject Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join in granting any easement thereonon the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in this Section 6.16 shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. The Trustee accepts ------------------------------------------------- this trust and it shall be deemed delivered when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Obligationof the Indebtedness Hereby Secured, Beneficiary, or Trustee at Beneficiary’s direction, may, without obligation to do so or liability therefor and without notice: : (a) reconvey all or any part of the Secured PropertyGranted Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat thereofof the Granted Property; and (c) join in granting any grant of easement thereon; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Granted Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which TrustorGrantor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.of

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon reasonable written request of Beneficiary Agent and presentation of this Deed of Trust, Trust or a certified copy thereof, thereof for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Obligationobligations secured hereby, Trustee may, without liability therefor thereof and without notice: : (ai) reconvey all or any part of the Secured Property; (bii) consent to the making of any map or plat thereof; and (ciii) join in granting any grant of easement thereon; (d) join in , any declaration of covenants and restrictions; , or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary Agent may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which Trustor, Beneficiary Agent or Trustee shall be a party) party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and or expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Xxxxxx and DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join in granting any easement thereonon the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Grantor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Lender may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Xxxxxx may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorGrantor, Beneficiary Lender or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or performance of any Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law, presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person Person for payment of any indebtedness Indebtedness or performance of any Obligationof the Secured Obligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability therefor and without notice: : (a) reconvey all or any part of the Secured PropertySubject Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat thereofof the Subject Property; and (c) join in granting any grant of easement thereon; (d) join in any or declaration of covenants and restrictions; restrictions with respect to the Subject Property, or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the its rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Lender and DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join in granting any easement thereonon the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Grantor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Lender may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Lender may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorGrantor, Beneficiary Lender or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon reasonable written request of Beneficiary and presentation of this Deed of Trust, Trust or a certified copy thereof, thereof for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Obligationobligations secured hereby, Trustee may, without liability therefor thereof and without notice: : (ai) reconvey all or any part of the Secured Property; (bii) consent to the making of any map or plat thereof; and (ciii) join in granting any grant of easement thereon; (d) join in , any declaration of covenants and restrictions; , or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and or expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recordedexecuted. From time to time time, upon written request of Beneficiary and and, to the extent required by applicable law presentation of this Deed of Trust, or a certified copy thereof, Trust for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Obligationof the Secured Obligations, Beneficiary, or Trustee at Beneficiary's direction, may, without obligation to do so or liability therefor and without notice: : (a) reconvey all or any part of the Secured PropertySubject Property from the lien of this Deed of Trust; (b) consent to the making of any map or plat thereofof the Subject Property; and (c) join in granting any grant of easement thereon; (d) join in , any declaration of covenants and restrictions; or (e) join in , any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunderunder this Deed of Trust, and Trustee or Beneficiary may obtain orders or decrees directing or directing, confirming or approving acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitationbut not limited to, actions in which TrustorGrantor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs, liabilities and held harmless against loss, cost, liability and expenseexpenses in connection therewith.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Lender and DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 00-00000000/Xxxxx Xx. 000 presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join in granting any easement thereonon the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Grantor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Lender may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Lender may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorGrantor, Beneficiary Lender or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary Xxxxxx and DEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113748/Store No. 568 presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join in granting any easement thereonon the Property; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Grantor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary Lender may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary Xxxxxx may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which TrustorGrantor, Beneficiary Lender or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. (a) Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or performance of any Obligation, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. . (b) Trustee has no obligation shall not be required to notify any party of any pending sale or take any action toward the execution and enforcement of the trust hereby created or to institute, appear in, or defend any action, suit, or other proceeding (includingin connection therewith where, without limitationin his opinion, actions such action would be likely to involve him in which Trustorexpense or liability, unless requested so to do by a written instrument signed by Beneficiary or and, if Trustee shall be a party) so requests, unless held or commenced Trustee is tendered security and maintained by indemnity satisfactory to Trustee under this Deed of Trustagainst any and all cost, expense, and liability arising therefrom. Trustee shall not be obligated responsible for the execution, acknowledgment, or validity of the Loan Documents, or for the proper authorization thereof, or for the sufficiency of the lien and security interest purported to be created hereby, and Trustee makes no representation in respect thereof or in respect of the rights, remedies, and recourses of Beneficiary. (c) With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (i) to select, employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys, (iii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act required done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith, and (iv) any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of it hereunder unless entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. 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 Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by Xxxxxxx in the performance of Xxxxxxx’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. TRUSTOR WILL, FROM TIME TO TIME, PAY THE COMPENSATION DUE TO TRUSTEE HEREUNDER AND REIMBURSE TRUSTEE FOR, AND INDEMNIFY AND HOLD HARMLESS TRUSTEE AGAINST, ANY AND ALL LIABILITY AND EXPENSES WHICH MAY BE INCURRED BY TRUSTEE IN THE PERFORMANCE OF TRUSTEE’S DUTIES. (d) All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the act is requested purposes for which they were received, but need not be segregated in writing any manner from any other moneys (except to the extent required by applicable law) and Trustee is reasonably indemnified shall be under no liability for interest on any moneys received by Trustee hereunder. (e) Should any deed, conveyance, or instrument of any nature be required from Trustor by any Trustee or substitute Trustee to more fully and held harmless against losscertainly vest in and confirm to the Trustee or substitute Trustee such estates, costrights, liability powers, and expenseduties, then, upon request by the Trustee or substitute Trustee, any and all such deeds, conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be caused to be recorded and/or filed by Trustor. (f) By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee pursuant to the Loan Documents, including without limitation, any deed, conveyance, instrument, officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Trustee shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Secured Obligation, Trustee may, without liability therefor and without notice: : (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereofof the Property; (c) join with Trustor in granting any easement thereonon the Property; (d) join with Trustor in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Nothing contained in the immediately preceding sentence shall be construed to limit, impair or otherwise affect the rights of Trustor in any respect. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and expense.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. (a) Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or performance of any Obligation, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. . (b) Trustee has no obligation shall not be required to notify any party of any pending sale or take any action toward the execution and enforcement of the trust hereby created or to institute, appear in, or defend any action, suit, or other proceeding (includingin connection therewith where, without limitationin his opinion, actions such action would be likely to involve him in which Trustorexpense or liability, unless requested so to do by a written instrument signed by Beneficiary or and, if Trustee shall be a party) so requests, unless held or commenced Trustee is tendered security and maintained by indemnity satisfactory to Trustee under this Deed of Trustagainst any and all cost, expense, and liability arising therefrom. Trustee shall not be obligated responsible for the execution, acknowledgment, or validity of the Loan Documents, or for the proper authorization thereof, or for the sufficiency of the lien and security interest purported to be created hereby, and Trustee makes no representation in respect thereof or in respect of the rights, remedies, and recourses of Beneficiary. (c) With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (i) to select, employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys, (iii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act required done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith, and (iv) any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of it hereunder unless entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Subject Property for debts contracted for or liability or damages incurred in the management or operation of the Subject Property. 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 Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by Xxxxxxx in the performance of Xxxxxxx’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. TRUSTOR WILL, FROM TIME TO TIME, PAY THE COMPENSATION DUE TO TRUSTEE HEREUNDER AND REIMBURSE TRUSTEE FOR, AND INDEMNIFY AND HOLD HARMLESS TRUSTEE AGAINST, ANY AND ALL LIABILITY AND EXPENSES WHICH MAY BE INCURRED BY TRUSTEE IN THE PERFORMANCE OF TRUSTEE’S DUTIES. (d) All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the act is requested purposes for which they were received, but need not be segregated in writing any manner from any other moneys (except to the extent required by applicable law) and Trustee is reasonably indemnified shall be under no liability for interest on any moneys received by Trustee hereunder. (e) Should any deed, conveyance, or instrument of any nature be required from Trustor by any Trustee or substitute Trustee to more fully and held harmless against losscertainly vest in and confirm to the Trustee or substitute Trustee such estates, costrights, liability powers, and expenseduties, then, upon request by the Trustee or substitute Trustee, any and all such deeds, conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be caused to be recorded and/or filed by Trustor. (f) By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee pursuant to the Loan Documents, including without limitation, any deed, conveyance, instrument, officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Trustee shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. (a) Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or performance of any Obligation, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereof. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. . (b) Trustee has no obligation shall not be required to notify any party of any pending sale or take any action toward the execution and enforcement of the trust hereby created or to institute, appear in, or defend any action, suit, or other proceeding (includingin connection therewith where, without limitationin his opinion, actions such action would be likely to involve him in which Trustorexpense or liability, unless requested so to do by a written instrument signed by Beneficiary or and, if Trustee shall be a party) so requests, unless held or commenced Trustee is tendered security and maintained by indemnity satisfactory to Trustee under this Deed of Trustagainst any and all cost, expense, and liability arising therefrom. Trustee shall not be obligated responsible for the execution, acknowledgment, or validity of the Loan Documents, or for the proper authorization thereof, or for the sufficiency of the lien and security interest purported to be created hereby, and Trustee makes no representation in respect thereof or in respect of the rights, remedies, and recourses of Beneficiary. (c) With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (i) to select, employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys, (iii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act required done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad faith, and (iv) any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary's rights hereunder. Trustee shall not be personally liable in case of it hereunder unless entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Subject Property for debts contracted for or liability or damages incurred in the management or operation of the Subject Property. 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 Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by Trusxxx xx the performance of Trusxxx'x xuties hereunder and to reasonable compensation for such of Trustee's services hereunder as shall be rendered. TRUSTOR WILL, FROM TIME TO TIME, PAY THE COMPENSATION DUE TO TRUSTEE HEREUNDER AND REIMBURSE TRUSTEE FOR, AND INDEMNIFY AND HOLD HARMLESS TRUSTEE AGAINST, ANY AND ALL LIABILITY AND REASONABLE OUT-OF-POCKET EXPENSES WHICH MAY BE INCURRED BY TRUSTEE IN THE PERFORMANCE OF TRUSTEE'S DUTIES. (d) All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the act is requested purposes for which they were received, but need not be segregated in writing any manner from any other moneys (except to the extent required by applicable law) and Trustee is reasonably indemnified shall be under no liability for interest on any moneys received by Trustee hereunder. (e) Should any deed, conveyance, or instrument of any nature be required from Trustor by any Trustee or substitute Trustee to more fully and held harmless against losscertainly vest in and confirm to the Trustee or substitute Trustee such estates, costrights, liability powers, and expenseduties, then, upon request by the Trustee or substitute Trustee, any and all such deeds, conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be caused to be recorded and/or filed by Trustor. (f) By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee pursuant to the Loan Documents, including without limitation, any deed, conveyance, instrument, officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Trustee shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. (a) Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time delivered by Trustor to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or performance of any Obligation, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofBeneficiary. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. . (b) Trustee has no obligation shall not be required to notify any party of any pending sale or take any action toward the execution and enforcement of the trust hereby created or to institute, appear in, or defend any action, suit, or other proceeding (includingin connection therewith where, without limitationin his opinion, actions such action would be likely to involve him in which Trustorexpense or liability, unless requested so to do by a written instrument signed by Beneficiary or and, if Trustee shall be a party) so requests, unless held or commenced Trustee is tendered security and maintained by indemnity satisfactory to Trustee under this Deed of Trustagainst any and all cost, expense, and liability arising therefrom. Trustee shall not be obligated responsible for the execution, acknowledgment, or validity of the Loan Documents, or for the proper authorization thereof, or for the sufficiency of the lien and security interest purported to be created hereby, and Trustee makes no representation in respect thereof or in respect of the rights, remedies, and recourses of Beneficiary. (c) With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (i) to select, employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys, (iii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act required done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad faith, and (iv) any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary's rights hereunder. Trustee shall not be personally liable in case of it hereunder unless entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. 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 Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by Trustee in the performance of Trustee's duties hereunder and to reasonable compensation for such of Trustee's services hereunder as shall be rendered. TRUSTOR WILL, FROM TIME TO TIME, PAY THE REASONABLE COMPENSATION DUE TO TRUSTEE HEREUNDER AND REIMBURSE TRUSTEE FOR, AND INDEMNIFY AND HOLD HARMLESS TRUSTEE AGAINST, ANY AND ALL LIABILITY AND REASONABLE EXPENSES WHICH MAY BE INCURRED BY TRUSTEE IN THE PERFORMANCE OF TRUSTEE'S DUTIES. (d) All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the act is requested purposes for which they were received, but need not be segregated in writing any manner from any other moneys (except to the extent required by applicable law) and Trustee is reasonably indemnified shall be under no liability for interest on any moneys received by Trustee hereunder. (e) Should any deed, conveyance, or instrument of any nature be required from Trustor by any Trustee or substitute Trustee to more fully and held harmless against losscertainly vest in and confirm to the Trustee or substitute Trustee such estates, costrights, liability powers, and expenseduties, then, upon request by the Trustee or substitute Trustee, any and all such deeds, conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be caused to be recorded and/or filed by Trustor. (f) By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee pursuant to the Loan Documents, including without limitation, any deed, conveyance, instrument, officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Trustee shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. (a) Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time delivered by Grantor to time upon written request of Beneficiary and presentation of this Deed of Trust, or a certified copy thereof, for endorsement, and without affecting the personal liability, if any, of any person for payment of any indebtedness or performance of any Obligation, Trustee may, without liability therefor and without notice: (a) reconvey all or any part of the Secured Property; (b) consent to the making of any map or plat thereof; (c) join in granting any easement thereon; (d) join in any declaration of covenants and restrictions; or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofBeneficiary. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. . (b) Trustee has no obligation shall not be required to notify any party of any pending sale or take any action toward the execution and enforcement of the trust hereby created or to institute, appear in, or defend any action, suit, or other proceeding (includingin connection therewith where, without limitationin his opinion, actions such action would be likely to involve him in which Trustorexpense or liability, unless requested so to do by a written instrument signed by Beneficiary or and, if Trustee shall be a party) so requests, unless held or commenced Trustee is tendered security and maintained by indemnity satisfactory to Trustee under this Deed of Trustagainst any and all cost, expense, and liability arising therefrom. Trustee shall not be obligated responsible for the execution, acknowledgment, or validity of the Loan Documents, or for the proper authorization thereof, or for the sufficiency of the lien and security interest purported to be created hereby, and Trustee makes no representation in respect thereof or in respect of the rights, remedies, and recourses of Beneficiary. (c) With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (i) to select, employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys, (iii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act required done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad faith, and (iv) any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary's rights hereunder. Trustee shall not be personally liable in case of it hereunder unless entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Subject Property for debts contracted for or liability or damages incurred in the management or operation of the Subject Property. 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 Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by Trustee in the performance of Trustee's duties hereunder and to reasonable compensation for such of Trustee's services hereunder as shall be rendered. GRANTOR WILL, FROM TIME TO TIME, PAY THE COMPENSATION DUE TO TRUSTEE HEREUNDER AND REIMBURSE TRUSTEE FOR, AND INDEMNIFY AND HOLD HARMLESS TRUSTEE AGAINST, ANY AND ALL LIABILITY AND EXPENSES WHICH MAY BE INCURRED BY TRUSTEE IN THE PERFORMANCE OF TRUSTEE'S DUTIES. (d) All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the act is requested purposes for which they were received, but need not be segregated in writing any manner from any other moneys (except to the extent required by applicable law) and Trustee is reasonably indemnified shall be under no liability for interest on any moneys received by Trustee hereunder. (e) Should any deed, conveyance, or instrument of any nature be required from Grantor by any Trustee or substitute Trustee to more fully and held harmless against losscertainly vest in and confirm to the Trustee or substitute Trustee such estates, costrights, liability powers, and expenseduties, then, upon request by the Trustee or substitute Trustee, any and all such deeds, conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be caused to be recorded and/or filed by Grantor. (f) By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee pursuant to the Loan Documents, including without limitation, any deed, conveyance, instrument, officer's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, Trustee shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee.

ACCEPTANCE OF TRUST; POWERS AND DUTIES OF TRUSTEE. Trustee accepts ------------------------------------------------- this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation presen- tation of this Deed of Trust, Trust or a 14 certified copy thereof, thereof for endorsement, and without affecting the personal liability, if any, liability of any person for payment of any indebtedness or performance of any Obligationobligations secured hereby, Trustee may, without liability therefor and without notice: : (ai) reconvey release all or any part of the Secured PropertySubject Property from the lien of this Deed of Trust; (bii) consent to the making of any map or plat thereof; and (ciii) join in granting any grant of easement thereon; (d) join in , any declaration of covenants and restrictions; , or (e) join in any extension agreement or any agreement subordinating the lien or charge hereofof this Deed of Trust. Except as may otherwise be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trusts trust hereunder and the enforcement of the rights and remedies available hereunder, and Trustee or Beneficiary may obtain orders or decrees directing or confirming or approving acts in the execution of said trusts trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (proceeding, including, without limitation, actions in which TrustorGrantor, Beneficiary or Trustee shall be a party) party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability and or expense.