Common use of Certain Rights Clause in Contracts

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) 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 Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) 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 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 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 (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her 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 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 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; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as Beneficiary that Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: : (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Note, this Deed of Trust or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 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 (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) 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 execution, and interpretation of this Deed of Trust, the Security Credit Agreement and the Other Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (ciii) 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged 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 him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) 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 execution, and interpretation of this Deed of Trust, the Security Indenture and the Other Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (ciii) 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged 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 him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 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; willful misconduct, and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; (c) to select and employ, in and about the execution of his its 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 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 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 (d) to take 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 liable, except for its gross negligence or misconduct, in case of entry by himit, or anyone entering by virtue of the powers owners herein granted himto it, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him hereunder, it hereunder believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him it in the performance of his its duties hereunder and to reasonable compensation for such of his its services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him it harmless against, any and all liability and expenses which may be incurred by him it in the performance of his its duties.

Certain Rights. With the approval of BeneficiaryAgent, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryAgent) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her 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 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 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; faith and (d) to take any and all other lawful action as Beneficiary Agent may instruct Trustee to take to protect or enforce BeneficiaryAgent’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Indenture, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryXxxxxx, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Documentsthis Deed of Trust, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his her agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his dutiesTrustee’s duties hereunder.

Certain Rights. At any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and without affecting any personal liability of any person for payment or performance of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may (i) reconvey any part of the Mortgaged Property, (ii) consent in writing to the making of any map or plat thereof, (iii) join in granting any easement thereon, or (iv) join in any extension agreement or any agreement subordinating the lien of charge hereof. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult 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 Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) 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 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 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 (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him it hereunder, believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him it in the performance of his its duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor willshall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him it in the performance of his its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; however, Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconduct. Grantor’s obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.

Certain Rights. With the approval of BeneficiaryLxxxxx, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLxxxxx) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as Beneficiary that Lxxxxx may instruct Trustee to take to protect or enforce BeneficiaryLxxxxx’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Txxxxxx in the performance of his Txxxxxx’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Txxxxxx’s duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) 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 Security Noteholder Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (c) 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 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 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; faith and (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property, except for Trustee’s or such person’s gross negligence or bad faith. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due hereunder to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties, except for liability and expenses incurred as a result of Trustee’s gross negligence or bad faith.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (c) 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 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 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; faith and (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due hereunder to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With Subject to TIA Sections 315(a) through (d): (i) the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise with counsel (who each Agent may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documentsconclusively rely, and shall be fully protected in relying acting or refraining from acting, upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by it to be genuine and to have been signed or presented by the proper Person. The Trustee and each Agent need not investigate any fact or matter stated in the document and may in good faith conclusively rely as to legal matters the truth of the statements and the correctness of the opinions therein; (ii) before the Trustee or any Agent acts or refrains from acting, it may consult with counsel and require an Officers’ Certificate or an Opinion of Counsel or both. The Trustee and each Agent shall not be liable for any action it takes or omits to take in good faith in reliance on such certificate, opinion and/or an accountants’ certificate; (iii) the advice Trustee and each Agent may act through its attorneys and agents and shall not be responsible for the misconduct or negligence of counsel; any attorney or agent appointed with due care; (biv) the Trustee and each Agent shall be under no obligation to execute exercise any of the trusts rights or powers vested in it by this Indenture at the request or direction of any of the Holders, unless such Holders shall have offered to the Trustee and such Agent security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities that might be incurred by it in compliance with such request or direction; (v) the Trustee and each Agent shall not be liable for any action it takes or omits to take in good faith that it believes to be authorized or within its rights or powers hereof or for any action it takes or omits to take in accordance with the direction of the Holders of a majority in principal amount of the outstanding Securities relating to the time, method and place of conducting any proceeding for any remedy available to perform the Trustee, or exercising any duty hereunder either directly trust or through his agents power conferred upon the Trustee, under this Indenture; provided that the Trustee’s or attorneys; such Agent’s conduct, as applicable, does not constitute bad faith; (cvi) whenever in the administration of this Indenture the Trustee or any Agent shall deem it desirable that a matter be proved or established prior to select and employtaking, suffering or omitting any action hereunder, the Trustee or such Agent (unless other evidence be herein specifically prescribed) may, in and about the execution absence of his duties hereunderbad faith on its part, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in rely upon an Officers’ Certificate; (vii) the employ of Trustee, and Trustee shall not be answerable for bound to make any actinvestigation into the facts or matters stated in any resolution, default or misconduct certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of any such accountant, engineer indebtedness or other expertpaper or document, agent but the Trustee, in its discretion, may make such further inquiry or attorney-in-factinvestigation into such facts or matters as it may see fit, and, if selected with reasonable care, or for any error of judgment or act 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 (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. the Trustee shall not be personally liable in case of entry by himdetermine to make such further inquiry or investigation, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him hereunder, believed by him in good faith to be genuine. Trustee it shall be entitled to reimbursement for expenses incurred examine the books, records and premises of the Company or the Guarantor personally or by him in agent or attorney; and (viii) any request or direction of the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as Company or the Guarantor mentioned herein shall be rendered. Grantor will, from time to time, pay sufficiently evidenced by a Company Order and any resolution of the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which Board of Directors may be incurred sufficiently evidenced by him in the performance of his dutiesa Board Resolution.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 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 (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryXxxxxx, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 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 (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. At any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and without affecting any personal liability of any person for payment or performance of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may (i) reconvey any part of the Mortgaged Property, (ii) consent in writing to the making of any map or plat thereof by Grantor, (iii) join in granting any easement thereon by Grantor, or (iv) join in any extension agreement or any agreement subordinating the Lien of charge hereof. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult 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 Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) 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 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 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 (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him it hereunder, believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him it in the performance of his its duties hereunder [and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered]. Grantor willshall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him it in the performance of his its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; however, Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee's gross negligence or willful misconduct. Grantor's obligations under this SECTION 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 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 (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryXxxxxx, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryXxxxxx) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her 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 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 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; faith and (d) to take any and all other lawful action as Beneficiary Xxxxxx may instruct Trustee to take to protect or enforce BeneficiaryXxxxxx’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Xxxxxxx’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor Trustor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his dutiesTrustee's duties (other than liabilities and expenses arising directly from the gross negligence or willful misconduct of Trustee).

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 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 (div) to take any and all other lawful action as Lender and Beneficiary may instruct Trustee to take to protect or enforce Lender’s and Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his Trustee’s agents or attorneys; , (ciii) 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, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actionsYou shall: (a) 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 Security Documents, and shall be fully protected in relying as to legal matters on the advice of counselhave no duties or obligations other than those specifically set forth herein; (b) not be required to execute and shall make no representations and have no responsibilities as to the validity, accuracy, value or genuineness of (i) the Merger, (ii) any of certificates or documents prepared by the trusts and powers hereof and to perform Company in connection with the Merger or (iii) any duty hereunder either directly signatures or through his agents or attorneysendorsements, other than your own; (c) not be obligated to select and employtake any legal action hereunder that might, in and about the execution of his duties hereunderyour reasonable judgment, suitable accountantsinvolve any expense or liability, 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 or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected unless you have been furnished with reasonable care, or for any error of judgment or act done indemnity by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faiththe Company; and (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right able to rely on and shall be protected in acting on the written or oral instructions with respect to your actions as Exchange Agent specifically covered by this Agreement, of any officer of the Company; (e) be able to rely on and shall be protected in acting upon any certificate, instrument, opinion, notice, letter, telegram or any other document or signature authorizing or supporting any action taken or proposed security delivered to be taken by him hereunder, you and believed by him you reasonably and in good faith to be genuine. Trustee genuine and to have been signed by the proper party or parties; (f) not be responsible for or liable in any respect on account of the identity, authority or rights of any person executing or delivering or purporting to execute or deliver any document or property under this Agreement and shall have no responsibility with respect to the use or application of any property delivered by you pursuant to the provisions hereof; (g) be able to consult with counsel satisfactory to you (including counsel for the Company) and the advice or opinion of such counsel shall be entitled full and complete authorization and protection in respect of any action taken, suffered or omitted by you hereunder in good faith and in accordance with advice or opinion of such counsel; (h) not be called on at any time to reimbursement advise, and shall not advise, any person as to the value of the consideration to be received; (i) not be liable for expenses incurred anything which you may do or refrain from doing in connection with this Agreement except for your own gross negligence, willful misconduct or bad faith; (j) not be bound by him any notice or demand, or any waiver or modification of this Agreement or any of the terms hereof, unless evidenced by a writing delivered to you signed by the proper authority or authorities and, if your duties or rights are affected, unless you shall give your prior written consent thereto; (k) have no duty to enforce any obligation of any person to make delivery, or to direct or cause any delivery to be made, or to enforce any obligation of any person to perform any other act; (l) have the right to assume, in absence of written notice to the contrary from the proper person or persons, that a fact or an event by reason of which an action would or might be taken by you does not exist or has not occurred without incurring liability for any action taken or omitted, or any action suffered by you to be taken or omitted, in good faith or in the performance exercise of his duties hereunder and to reasonable compensation for your best judgment, in reliance upon such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his dutiesassumption.

Certain Rights. With the approval of BeneficiaryLender, the Trustee shall -------------- have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 the Trustee, and the Trustee shall not be answerable for any act, default 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 done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s the Trustees gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct the Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by him the Trustee in the performance of his the Trustees duties hereunder and to reasonable compensation for such of his the Trustees services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Twin County Mall, Galax, Virginia Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Xxxxxxx in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his 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 save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Xxxxxxx in the performance of his Xxxxxxx’s duties hereunder and to reasonable compensation for such of his 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 save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of Beneficiary, Trustee Mortgagee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (bii) to execute any of the trusts terms, provisions, and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-factattorneys‑in‑fact, either corporate or individual, not regularly in the employ of Trustee, Mortgagee (and Trustee Mortgagee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-factattorney‑in‑fact, if selected with reasonable care, or for any error of judgment or act done by Trustee Mortgagee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s Mortgagee's gross negligence or bad faith); and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take that Mortgagee deem necessary or appropriate to protect or enforce Beneficiary’s Mortgagee's rights hereunder. Trustee Mortgagee shall not be personally liable in case of entry by himMortgagee, or anyone entering by virtue of the powers herein granted himto Mortgagee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee Mortgagee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Mortgagee hereunder, believed by him Mortgagee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation reasoxxxxx xompensation for such of his Xxxxxxe's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of Beneficiarya Lender, the Public Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiarya Lender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Debentures, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b, ii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c, 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 the Public Trustee, and the Public Trustee shall not be answerable for any act, default 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 done by the Public Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Public Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary a Lender may instruct the Public Trustee to take to protect or enforce Beneficiary’s each the Lender's rights hereunder. The Public Trustee shall not be personally liable in case of entry by himthe Public Trustee, or anyone entering by virtue of the powers herein granted himto the Public Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Public Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him the Public Trustee hereunder, believed by him the Public Trustee in good faith to be genuine. The Public Trustee shall be entitled to reimbursement for actual expenses incurred by him the Public Trustee in the performance of his the Public Trustee's duties hereunder and to reasonable compensation for such of his the Public 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security DocumentsNotes, this Deed of Trust or the other Operative Agreements, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-factattorneys‑in‑fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-factattorney‑in‑fact, if selected with reasonable care, or for any error of judgment or act 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Granted Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Granted Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence negligence, willful misconduct, or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Txxxxxx in the performance of his Txxxxxx's duties hereunder and to reasonable compensation for such of his 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 save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Xxxxxxx in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) Whenever in the administration of the provisions of this Agreement Securities Intermediary and Pledge Collateral Agent shall deem it necessary or desirable that a matter be proved or established prior to select, employ and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon taking or suffering any matters arising action to be taken hereunder, including such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the preparationabsence of gross negligence or bad faith on the part of Securities Intermediary and Pledge Collateral Agent, execution be deemed to be conclusively proved and interpretation established by a certificate signed by one of the Security DocumentsSecured Party’s officers, and delivered to Securities Intermediary and Pledge Collateral Agent and such certificate, in the absence of gross negligence or bad faith on the part of the Securities Intermediary and Pledge Collateral Agent, shall be full warrant to the Securities Intermediary and Pledge Collateral Agent for any action taken, suffered or omitted by it under the provisions of this Agreement upon the faith thereof. (b) The Securities Intermediary and Pledge Collateral Agent shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, entitlement order, approval or other paper or document, may conclusively rely and shall be fully protected in relying as acting or refraining from acting thereon if believed to legal matters be genuine and to have been signed or presented by the proper party or parties and may conclusively rely on the advice of counsel; (b) to execute any truth of the trusts statements and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; the correctness of the opinions expressed therein. (c) to select Neither Securities Intermediary nor Pledge Collateral Agent shall have any responsibility, other than complying with the express terms and employprovisions of this Agreement, in and about for perfecting or maintaining 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 or misconduct perfection of any such accountant, engineer security interest granted to it or other expert, agent or attorney-in-fact, if selected with reasonable care, to the Secured Party hereunder or for filing or re-filing any error of judgment financing statement or act done by Trustee continuation statement in good faith, any public office at any time or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross negligence or bad faith; and times. (d) In the event funds or securities transfer instructions are given (other than in writing at the time of execution of this Agreement), whether in writing, by telecopier or otherwise, Securities Intermediary and Pledge Collateral Agent are authorized to take any seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule I hereto, and all other lawful action as Beneficiary Securities Intermediary and Pledge Collateral Agent may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, rely upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation confirmations of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed anyone purporting to be taken by him hereunder, believed by him in good faith to be genuinethe person or persons so designated. Trustee shall be entitled to reimbursement The persons and telephone numbers for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which call-backs may be incurred changed only in writing actually received and acknowledged by him in the performance of his dutiesSecurities Intermediary and Pledge Collateral Agent. The parties to this Agreement acknowledge that such security procedure is commercially reasonable.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) 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 Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-factattorneys‑in‑fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default or misconduct of any such accountant, engineer or other expert, agent or attorney-in-factattorney‑in‑fact, if selected with reasonable care, or for any error of judgment or act 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 (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (c) 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 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 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; faith and (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged Property, except for Trustee’s or such person’s gross negligence or bad faith. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor Trustor will, from time to time, pay the compensation due hereunder to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties, except for liability and expenses incurred as a result of Trustee’s gross negligence or bad faith.

Certain Rights. With the approval of Beneficiary, Trustee Mortgagee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryMortgagee) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Mortgagee (and Trustee Mortgagee shall not be answerable for any act, default 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 done by Trustee Mortgagee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for TrusteeMortgagee’s gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that Mortgagee may instruct Trustee to take to protect or enforce BeneficiaryMortgagee’s rights hereunder. Trustee Mortgagee shall not be personally liable in case of entry by himMortgagee, or anyone entering by virtue of the powers herein granted himto Mortgagee, upon the Mortgaged Property Land for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyLand. Trustee Mortgagee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Mortgagee hereunder, believed by him Mortgagee in good faith to be genuine. Trustee Mortgagee shall be entitled to reimbursement for reasonable expenses incurred by him Mortgagee in the performance of his Mortgagee’s duties hereunder hereunder. Mortgagor will save and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him hold Mortgagee harmless against, any and all liability and expenses which may be incurred by him Mortgagee in the performance of his Mortgagee’s duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunderunder this Security Instrument, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof of this Security Instrument and to perform any duty hereunder under this Security Instrument either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her duties hereunderunder this Security Instrument, 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 default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunderunder this Security Instrument. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein in this Security Instrument granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him hereunderTrustee under this Security Instrument, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder under this Security Instrument and to reasonable compensation for such of his Trustee's services hereunder under this Security Instrument as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor rendered as provided by applicable law.. Trustor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his Trustee’s agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of BeneficiaryLxxxxx, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLxxxxx) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as Beneficiary that Lxxxxx may instruct Trustee to take to protect or enforce BeneficiaryLxxxxx’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Txxxxxx in the performance of his Txxxxxx’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Bxxxxxxx will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With Subject to the approval provisions of Beneficiary, Trustee shall have the right to take any and all of the following actions: Section 6.1: (a) to select, employ and advise with counsel (who the Trustee may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Documents, rely and shall be fully protected in relying as acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, Security or other paper or document believed by it to legal matters be genuine and to have been signed or presented by the proper party or parties; (b) any request or direction of the Company mentioned herein shall be sufficiently evidenced by a Company Request or Company Order and any resolution of the Board of Directors may be sufficiently evidenced by a Board Resolution; (c) whenever in the administration of this Indenture the Trustee shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Trustee (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on its part, rely upon an Officers' Certificate; (d) the Trustee may consult with counsel of its choice and the advice of counselsuch counsel or any Opinion of Counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon; (e) the Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Indenture at the request or direction of any of the Holders pursuant to this Indenture, unless such Holders shall have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities that might be incurred by it in compliance with such request or direction; (f) the Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, indenture, Security or other paper or document, but the Trustee in its discretion may make such inquiry or investigation into such facts or matters as it may see fit, and, if the Trustee shall determine to make such inquiry or investigation, it shall be entitled to examine the books, records and premises of the Company, personally or by agent or attorney; and (bg) to the Trustee may execute any of the trusts and or powers hereof and to hereunder or perform any duty duties hereunder either directly or by or through his agents or attorneys; (c) to select attorneys 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 responsible for any act, default misconduct or misconduct negligence on the part of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected attorney appointed with reasonable care, or for any error of judgment or act done due care 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 (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights it hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 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 (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: : (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her 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 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 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; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security DocumentsNote, this Deed of Trust or the other Operative Agreements, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Granted Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Granted Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Xxxxxxx’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising requiring Trustee’s action or consent hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Premises for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyPremises. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for customary and reasonable expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.. Notwithstanding the terms of this Section 7.1, the Grantor shall not be required to indemnify Trustee under this Section 7.1 for any matters indemnified hereunder to the extent arising or resulting from the willful misconduct or gross negligence of Trustee (or that of its agents, employees or contractors)

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 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; willful misconduct, and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor willDEED OF TRUST, from time to timeASSIGNMENT OF LEASES AND RENTS, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.FIXTURE FILING AND SECURITY AGREEMENT (Cleveland County) – Page 18 21478-3715/Pacific Current Partners – NC & SC MHC Financing

Certain Rights. With the approval of Beneficiary, Trustee shall have -------------- the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to selectIn the exercise of its rights, employ duties and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including obligations hereunder the preparation, execution and interpretation of the Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) 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 or misconduct of any such accountant, engineer or other expert, agent or attorney-in-factmay, if selected with reasonable care, or for any error of judgment or act done by Trustee acting in good faith, act and rely, as to the truth of the statements and accuracy of the opinions expressed therein, upon statutory declarations, opinions, reports or be otherwise responsible certificates furnished pursuant to any covenant, condition or accountable under any circumstances whatsoever, except for Trustee’s gross negligence requirement of this Indenture or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct required by the Trustee to take be furnished to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred it in the management exercise of its rights and duties hereunder, if the Trustee examines such statutory declarations, opinions, reports or operation certificates and determines that they comply with Section 12.5, if applicable, and with any other applicable requirements of this Indenture. The Trustee may nevertheless, in its discretion, require further proof in cases where it deems further proof desirable. Without restricting the Mortgaged Property. foregoing, the Trustee shall have the right to may act and rely on any instrument, document an opinion of Counsel satisfactory to the Trustee notwithstanding that it is delivered by a solicitor or signature authorizing or supporting any action taken or proposed to be taken by him hereunder, believed by him in good faith to be genuinefirm which acts as solicitors for the Corporation. The Trustee shall be entitled to reimbursement for expenses incurred rely, and act upon, on any direction, order, Instruction, notice or other communication provided to it hereunder which is sent to it by him facsimile transmission or electronic delivery. (b) The U.S. Trustee may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (c) Any request or direction of the Corporation mentioned herein shall be sufficiently evidenced by a Corporation request or Corporation order and any resolution of the Board of Directors may be sufficiently evidenced by a Board Resolution. (d) Whenever in the performance administration of his duties hereunder this Indenture the U.S. Trustee shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the U.S. Trustee (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on its part, rely upon an Officers’ Certificate. (e) The U.S. Trustee may consult with Counsel and to reasonable compensation for the advice of such Counsel or any opinion of his services hereunder as Counsel shall be rendered. Grantor willfull and complete authorization and protection in respect of any action taken, from time suffered or omitted by it hereunder in good faith and in reliance thereon. (f) The U.S. Trustee shall be under no obligation to timeexercise any of the rights or powers vested in it by this Indenture at the request or direction of any of the Note holders pursuant to this Indenture, pay unless such Noteholders shall have offered to the compensation due U.S. Trustee security or indemnity satisfactory to the U.S. Trustee hereunder against the fees, costs, expenses and reimburse Trustee for, and save him harmless against, any and all liability and expenses liabilities which may might be incurred by him it in compliance with such request or direction. (g) The U.S. Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture or other paper or document, but the U.S. Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit, and, if the U.S. Trustee shall determine to make such further inquiry or investigation, it shall be entitled to examine the books, records and premises of the Corporation, personally or by agent or attorney. (h) The U.S. Trustee may execute any of the powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the U.S. Trustee shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by it hereunder. (i) The recitals contained herein and in the performance Notes shall be taken as the statements of his dutiesthe Corporation, and the U.S. Trustee assumes no responsibility for their correctness. The U.S. Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The U.S. Trustee shall not be accountable for the use or application by the Corporation of the Notes or the proceeds thereof.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Agreement, the Note, this Deed of Trust, the Guaranty or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) to select and employ, in and about the execution of his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-in- fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable carearea, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for DEED OF TRUST - Page 37 expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With To the extent permitted by applicable Colorado law, with the prior written approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her 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 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 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; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual out-of-pocket expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his dutiesTrustee's duties except for liabilities arising from Trustee's gross negligence of willful misconduct.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Project for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyProject. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of BeneficiaryGrantee, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryGrantee) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Notes, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; (c) to select and employ, in and about the execution of his its 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 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 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 (d) to take any and all other lawful action as Beneficiary Grantee may instruct Trustee to take to protect or enforce BeneficiaryGrantee’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryGrantee, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryGrantee) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Indenture Notes, this Security Instrument or the other Note Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; (c) to select and employ, in and about the execution of his its 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary Grantee may instruct Trustee to take to protect or enforce Beneficiary’s Xxxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Documentsthis Deed of Trust, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his her agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee's 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his dutiesTrustee's duties hereunder.

Certain Rights. With the approval of BeneficiaryLender, the Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 the Trustee, and the Trustee shall not be answerable for any act, default 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 done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct the Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by him the Trustee in the performance of his the Trustee’s duties hereunder and to reasonable compensation for such of his the 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his dutiesIT BEING UNDERSTOOD AND AGREED BY BORROWER THAT TRUSTEE IS HEREBY RELEASED FOR ANY ERROR OF JUDGMENT OR ACT DONE BY THE TRUSTEE IN GOOD FAITH THAT CONSTITUTES SIMPLE NEGLIGENCE.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 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 (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in Trusxxx xx the performance of his duties Trusxxx'x xuties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his dutiesTrusxxx'x xuties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLendxx) upon xxon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s rights Lendxx'x xights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his duties Trusxxx'x xuties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of the Beneficiary, the Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for the Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Deed of Trust or the Security other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of the Trustee, and the Trustee shall not be answerable for any act, default 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 done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee’s 's gross negligence or bad faith; , and (d) to take any and all other lawful action as the Beneficiary may instruct the Trustee to take to protect or enforce the Beneficiary’s 's rights hereunder. The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Grantor shall reimburse the Trustee shall be entitled to reimbursement for all costs and expenses incurred by him the Trustee in the performance of his the Trustee's duties hereunder and to for reasonable compensation for such of his the Trustee's services hereunder as shall be rendered. Grantor willNotwithstanding anything herein to the contrary, the Trustee shall not exercise or waive the exercise of any of its rights, powers or remedies hereunder or otherwise act or refrain from time acting hereunder unless directed to timedo so by the Beneficiary, pay and the compensation due to Trustee shall exercise or waive the exercise of any of its rights, powers or remedies hereunder and reimburse Trustee for, otherwise act or refrain from acting when and save him harmless against, any and all liability and expenses which may be incurred by him in the performance manner directed by the Beneficiary, provided that the Trustee shall not be required to follow any direction of his dutiesthe Beneficiary if the Trustee has been advised by counsel that such action would violate applicable law.

Certain Rights. With the approval of BeneficiaryXxxxxx, Trustee shall have the right to take any and all of the following actions: , (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryXxxxxx) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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, Trustee (and Trustee shall not be answerable for for, any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. Trustee shall be under no duty to take any action hereunder except as expressly required hereunder or by law, or to perform any act which would involve Trustee in any expense or liability or to institute or defend any suit in respect hereof, unless properly indemnified to Trustee's reasonable satisfaction. Trustee, by acceptance of this Deed of Trust, covenants to perform and fulfill the trusts herein created. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Documentsthis Deed Of Trust, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s gross 's negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties. Beneficiary shall have no responsibility for compensating Trustee, reimbursing its expenses or providing it with indemnification.

Certain Rights. At any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and without affecting any personal liability of any person for payment or performance of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may (i) reconvey any part of the Mortgaged Property, (ii) consent in writing to the making of any map or plat thereof, (iii) join in granting any easement thereon, or (iv) join in any extension agreement or any agreement subordinating the Lien of charge hereof. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult 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 Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) 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 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 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 (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him it hereunder, believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him it in the performance of his its duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor willshall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him it in the performance of his its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; however, Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee's gross negligence or willful misconduct. Grantor's obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Collateral Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his her agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s 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 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 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 (div) to take 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 entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his dutiesTrustee’s duties hereunder.

Certain Rights. With the approval of BeneficiaryLender, the Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Note, this Security Instrument or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of the Trustee, and the Trustee shall not be answerable for any act, default 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 done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee’s gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct the Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. , The Trustee shall not be personally liable in case of entry by himthe Trustee, or anyone entering by virtue of the powers herein granted himto the Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. The Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him the Trustee hereunder, believed by him the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by him the Trustee in the performance of his the Trustee’s duties hereunder and to reasonable compensation for such of his the 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (a) 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 Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; ; (c) 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; and (d) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him hereunder, believed by him in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him in the performance of his duties hereunder and to reasonable compensation for such of his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryAgent, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryAgent or any Secured Party) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Deed of Trust or the Security other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her 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 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 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; faith and (d) to take any and all other lawful action as Beneficiary Agent may instruct Trustee to take to protect or enforce BeneficiaryAgent’s or any Secured Party’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have -------------- the right to take any and all of the following actions: : (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Xxxxxxx in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Documentsthis Deed of Trust, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his her agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee's 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for reasonable expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his dutiesTrustee's duties hereunder.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Agreement, the Note, this Deed of Trust or the other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryAgent, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryAgent) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of this Security Instrument or the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 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 (div) to take any and all other lawful action as Beneficiary Agent may instruct Trustee to take to protect or enforce BeneficiaryAgent’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property Collateral for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged PropertyCollateral. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (a) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Note, this Deed of Trust or the Other Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (c) to select and employ, in and about the execution of his his/her 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 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 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; faith and (d) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult 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 Security Credit Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his 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 save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and advise consult 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 Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; (c) 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 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 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 (d) to take 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 entry by him, or anyone entering by virtue of the powers herein granted him, upon the Mortgaged Property for debts contracted or liability or damages incurred in the management or operation of the Mortgaged 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 him it hereunder, believed by him it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him it in the performance of his its duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor willshall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save him Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him it in the performance of his its duties; however, Grantor shall not be liable under such indemnification to the extent such liability or expenses result from Trustee's negligence, willful misconduct, Trustee's breach of its obligations under this Deed of Trust or violation of law, or from Beneficiary's or any Lender's or Lender Counterparty's breach of its obligations under this Deed of Trust, any Hedge Agreement, or any Credit Document. In the event that Beneficiary, any of the Lenders, or any of their respective affiliates is substituted as Trustee hereunder, the indemnification and limitation on liability provisions of the Credit Agreement benefiting the Agents and Lenders (which are incorporated herein by this reference) shall apply to said Beneficiary, Lender or affiliate in its capacity as Trustee and shall supersede the provisions of the preceding sentence.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his its agents or attorneys; , (ciii) to select and employ, in and about the execution of his its duties hereunder, suitable accountants, engineers engineers, and other experts, agents 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 default, negligence, or misconduct of any such accountant, engineer engineer, or other expert, agent agent, or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of BeneficiaryLxxxxx, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLxxxxx) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his Trustee’s agents or attorneys; , (ciii) to select and employ, in and about the execution of his Trustee’s 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 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 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 (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce BeneficiaryLxxxxx’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Txxxxxx in the performance of his Txxxxxx’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Txxxxxx’s duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable tx xxxxonable compensation for such of his xxxx xx Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of BeneficiaryXxxxxx, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryXxxxxx) upon any matters arising hereunder, including the preparation, execution and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that Xxxxxx may instruct Trustee to take to protect or enforce BeneficiaryXxxxxx’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Trust Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Xxxxxxx in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor Xxxxxxxx will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as Beneficiary that Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of BeneficiaryXxxxxx, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Note, this Security Instrument or the Other Security Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his his/her agents or attorneys; , (ciii) to select and employ, in and about the execution of his his/her 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 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; , and (div) to take any and all other lawful action as Beneficiary Lender may instruct Trustee to take to protect or enforce Beneficiary’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. , Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any an action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by him Trustee in the performance of his Xxxxxxx's duties hereunder and to reasonable compensation for such of his 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 save him harmless against, any and all liability and expenses which may be incurred by him in the performance of his duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; attorneys in accordance with the terms of this Mortgage and applicable law, (ciii) 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, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as Beneficiary that Lender may instruct Trustee to take to protect or enforce BeneficiaryLender’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties, except for liabilities arising from Trustee's gross negligence or willful misconduct.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ and advise consult 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 Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys; , (ciii) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-attorneys in fact, either corporate or individual, not regularly in the employ of Trustee, Trustee (and Trustee shall not be answerable for any act, default default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-attorney in fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s 's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his 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 save him and hold Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of BeneficiaryLender, Trustee shall have the right to take any and all of the following actions: : (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for BeneficiaryLender) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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, Trustee (and Trustee shall not be answerable for any act, default 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 done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee’s 's gross negligence or bad faith; ), and (div) to take any and all other lawful action as Beneficiary that Lender may instruct Trustee to take to protect or enforce Beneficiary’s Lender's rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee's duties hereunder and to reasonable compensation for such of his Trustee's services hereunder as shall be rendered. Grantor Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee's duties.

Certain Rights. With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (ai) to select, employ employ, and advise consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution execution, and interpretation of the Security Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel; , (bii) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his agents or attorneys; , (ciii) 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, Trustee (and Trustee shall not be answerable for any act, default 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 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 (div) to take any and all other lawful action as that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by himTrustee, or anyone entering by virtue of the powers herein granted himto Trustee, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Trustee shall have the right to rely on any instrument, document document, or signature authorizing or supporting any action taken or proposed to be taken by him Trustee hereunder, believed by him Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by him Trustee in the performance of his Trustee’s duties hereunder and to reasonable compensation for such of his Trustee’s services hereunder as shall be rendered. Grantor Trustor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save him Trustee harmless against, any and all liability and expenses which may be incurred by him Trustee in the performance of his Trustee’s duties.