Common use of Certain Rights Clause in Contracts

Certain Rights. With the approval of Lender, 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 Lender) 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, (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, ; (c) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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 Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trusteehim, or anyone entering by virtue of the powers herein granted to Trusteehim, 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 an any action taken or proposed to be taken by Trustee him hereunder, believed by Trustee him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee him in the performance of Trustee’s his duties hereunder and to reasonable compensation for such of Trustee’s 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 Lender, 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 Lender) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as that Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument 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/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of this Deed of Trust, the Note, this Security Instrument or Credit Agreement and 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/her his agents or attorneys, ; (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of this Deed of Trust, the Note, this Security Instrument or Indenture and 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/her his agents or attorneys, ; (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderXxxxxx, 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 LenderXxxxxx) 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, (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender Xxxxxx may instruct Trustee to take to protect or enforce LenderXxxxxx’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of TrusteeXxxxxxx’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the NoteIndenture, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 faith, and (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Agreement, the Note, this Security Instrument Deed of Trust or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderXxxxxx, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 faith, and (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderXxxxxx, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

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 LenderBeneficiary, 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 Lender) 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, (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee it hereunder, believed by Trustee it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual actual, reasonable expenses incurred by Trustee it in the performance of Trustee’s its duties hereunder [and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered]. Grantor shall, from time to time, reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of 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 LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, execution and interpretation of the Note, this Security Instrument or the Other Loan 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/her his agents or attorneys, (c) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trusteehim, or anyone entering by virtue of the powers herein granted to Trusteehim, upon the Mortgaged Property for debts contracted for 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, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee him hereunder, believed by Trustee him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee him in the performance of Trustee’s his duties hereunder and to reasonable compensation for such of Trustee’s his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due hereunder to Trustee 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 LenderBeneficiary, 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 LenderBeneficiary) 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/her its agents or attorneys, ; (c) to select and employ, in and about the execution of his/her 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, negligence, 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 Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable liable, except for its gross negligence or misconduct, in case of entry by Trusteeit, or anyone entering by virtue of the powers owners herein granted to Trusteeit, 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 an any action taken or proposed to be taken by Trustee hereunder, it hereunder believed by Trustee it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual reasonable expenses incurred by Trustee it in the performance of Trustee’s its duties hereunder and to reasonable compensation for such of Trustee’s 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 it harmless against, any and all liability and expenses which may be incurred by it in the performance of its duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (c) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trusteehim, or anyone entering by virtue of the powers herein granted to Trusteehim, 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 an any action taken or proposed to be taken by Trustee him hereunder, believed by Trustee him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee him in the performance of Trustee’s his duties hereunder and to reasonable compensation for such of Trustee’s his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due hereunder to Trustee 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 LenderAgent, 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 LenderAgent) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender Agent may instruct Trustee to take to protect or enforce LenderAgent’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan DocumentsDeed 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/her 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, 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual reasonable expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and reasonable expenses which may be incurred by Trustee in the performance of Trustee's duties hereunder.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan DocumentsDeed 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/her 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, 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual reasonable expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and reasonable expenses which may be incurred by Trustee in the performance of Trustee’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 LenderBeneficiary, 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 Lender) 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, (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee it hereunder, believed by Trustee it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual actual, reasonable expenses incurred by Trustee it in the performance of Trustee’s its duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of 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 LenderLxxxxx, 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 LenderLxxxxx) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender that Lxxxxx may instruct Trustee to take to protect or enforce LenderLxxxxx’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee Txxxxxx in the performance of TrusteeTxxxxxx’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Txxxxxx’s duties.

Certain Rights. With the approval of Lender, the 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 faith, and (div) any and all other lawful action as Lender may instruct the Trustee to take to protect or enforce Lender’s rights hereunder. The Trustee shall not be personally liable in case of entry by the Trustee, or anyone entering by virtue of the powers herein granted to the Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. The Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by the Trustee hereunder, believed by the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by the Trustee in the performance of the Trustee’s duties hereunder and to reasonable compensation for such of the Trustee’s services hereunder as shall be rendered. IT 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 Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Section 23.4.

Certain Rights. With the approval of Lender, The Deed 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 Lenderthe Mortgagee) 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/her its agents or attorneys, ; (ciii) to select and employ, in and about the execution of his/her 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 Deed Trustee, and the Deed Trustee shall not be answerable for any act, default, negligence, 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 the Deed Trustee’s 's gross negligence negligence, wilful misconduct or bad faith faith; and (div) to take any and all other lawful action as Lender the Mortgagee may instruct the Deed Trustee to take to protect or enforce Lender’s the Mortgagee's rights hereunder. The Deed Trustee shall not be personally liable liable, except for its gross negligence, willful misconduct or bad faith, in case of entry by Trusteeit, or anyone entering by virtue of the powers herein granted to Trusteeit, upon the Mortgaged Property located in the Deed of Trust State to which the Deed Trustee's appointment relates for debts contracted for or liability or damages incurred in the management or operation of the such Mortgaged Property. The Deed Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee it hereunder, believed by Trustee it in good faith to be genuine. The Deed Trustee shall be entitled to reimbursement for actual reasonable expenses incurred by Trustee it in the performance of Trustee’s its duties hereunder and to reasonable compensation for such of Trustee’s its services hereunder as shall be rendered. The Mortgagors will, from time to time, pay the reasonable compensation due to the Deed Trustee hereunder and reimburse the Deed Trustee for, and save it harmless against, any and all liability and expenses (other than liabilities and expenses arising out of the Deed Trustee's gross negligence or misconduct) which may be incurred by it in the performance of its duties.

Certain Rights. With the approval of Lender, 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 Lender) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) 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 Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 faith), and (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property Premises for debts contracted for or liability or damages incurred in the management or operation of the PropertyPremises. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee Xxxxxxx in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s '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 and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lenderof, and upon instruction by, Administrative Agent, Trustee shall will 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 LenderAdministrative Agent) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other other Loan Documents, and shall will 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 whether directly or through his/her Trustee’s agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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 will not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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) any and all other lawful action as Lender Administrative Agent may instruct Trustee to take to protect or enforce LenderAdministrative Agent’s rights hereunder. Trustee shall will not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property, except for Trustee’s gross negligence or willful misconduct. Trustee shall will have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall will be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall will be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Trust Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee Xxxxxxx in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Grantor will, from time to time, pay reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property Project for debts contracted for or liability or damages incurred in the management or operation of the PropertyProject. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in Trusxxx xx the performance of Trustee’s duties Trusxxx'x xuties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trusxxx'x xuties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her Trustee’s agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Trust Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation reasoxxxxx xompensation for such of Trustee’s Xxxxxxe's services hereunder as shall be rendered. Grantor will, from time to time, pay reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.. DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, FIXTURE FILING AND SECURITY AGREEMENT (Cleveland County) – Page 18 21478-3715/Pacific Current Partners – NC & SC MHC Financing

Certain Rights. With the approval of a Lender, the Public 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 a Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the NoteDebentures, this Security Instrument or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 faith, and (div) any and all other lawful action as a Lender may instruct the Public Trustee to take to protect or enforce each the Lender’s 's rights hereunder. The Public Trustee shall not be personally liable in case of entry by the Public Trustee, or anyone entering by virtue of the powers herein granted to the Public Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. The Public Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by the Public Trustee hereunder, believed by the Public Trustee in good faith to be genuine. The Public Trustee shall be entitled to reimbursement for actual expenses incurred by the Public Trustee in the performance of the Public Trustee’s 's duties hereunder and to reasonable compensation for such of the Public Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 willful misconduct, and (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of Lenderthe Beneficiary, the 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 Lenderthe Beneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument Deed of Trust or the Other 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/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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 faith, and (d) any and all other lawful action as Lender the Beneficiary may instruct the Trustee to take to protect or enforce Lender’s the Beneficiary's rights hereunder. The Trustee shall not be personally liable in case of entry by the Trustee, or anyone entering by virtue of the powers herein granted to the Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. The Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by the Trustee hereunder, believed by the Trustee in good faith to be genuine. The Grantor shall reimburse the Trustee shall be entitled to reimbursement for actual all costs and expenses incurred by the Trustee in the performance of the Trustee’s 's duties hereunder and to for reasonable compensation for such of the Trustee’s 's services hereunder as shall be rendered. Notwithstanding 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 acting hereunder unless directed to do so by the Beneficiary, and the Trustee shall exercise or waive the exercise of any of its rights, powers or remedies hereunder and otherwise act or refrain from acting when and in the manner directed by the Beneficiary, provided that the Trustee shall not be required to follow any direction of the Beneficiary if the Trustee has been advised by counsel that such action would violate applicable law.

Certain Rights. With the approval of LenderXxxxxx, 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 LenderXxxxxx) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 faith), and (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument 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/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 LenderLendxx) upon xxon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Agreement, the Note, this Security Instrument or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights Lendxx'x xights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties Trusxxx'x xuties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, execution and interpretation of the Note, this Security Instrument or the Other Loan 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/his or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of LenderBeneficiary, 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 Lender) 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, (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee it hereunder, believed by Trustee it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual actual, reasonable expenses incurred by Trustee it in the performance of Trustee’s its duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of 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 Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected by Trustee 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Trust Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee Xxxxxxx in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Grantor will, from time to time, pay reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of LenderGrantee, 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 LenderGrantee) upon any matters arising hereunder, including the preparation, execution, and interpretation of the NoteNotes, this Security Instrument or the Other 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/her its agents or attorneys, ; (c) to select and employ, in and about the execution of his/her 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, 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) any and all other lawful action as Lender Grantee may instruct Trustee to take to protect or enforce LenderGrantee’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Credit Agreement, the Note, this Security Instrument Deed of Trust or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, ; (c) to select and employ, in and about the execution of his/her 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, negligence, 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 faith; and (d) to take any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trusteehim, or anyone entering by virtue of the powers herein granted to Trusteehim, 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 an any action taken or proposed to be taken by Trustee him hereunder, believed by Trustee him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee him in the performance of Trustee’s his duties hereunder and to reasonable compensation for such of Trustee’s 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 Lender, Trustee shall have the right to take any and all of the following actionsYou shall: (a) have no duties or obligations other than those specifically set forth herein; (b) not be required to selectand shall make no representations and have no responsibilities as to the validity, employaccuracy, and advise value or genuineness of (i) the Merger, (ii) any certificates or documents prepared by the Company in connection with counsel the Merger or (who may beiii) any signatures or endorsements, but need other than your own; (c) not bebe obligated to take any legal action hereunder that might, counsel for Lenderin your reasonable judgment, involve any expense or liability, unless you have been furnished with reasonable indemnity by the Company; (d) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan Documents, be able to rely on and shall be fully protected in relying as to legal matters acting on the advice written or oral instructions with respect to your actions as Exchange Agent specifically covered by this Agreement, of counsel, (b) to execute any officer of the trusts and powers hereof and to perform any duty hereunder either directly or through his/her agents or attorneys, Company; (ce) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right able to rely on and shall be protected in acting upon any certificate, instrument, documentopinion, notice, letter, telegram or signature authorizing any other document or supporting an action taken or proposed security delivered to be taken by Trustee hereunder, you and believed by Trustee 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 actual 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 Trustee 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 Trustee’s duties hereunder and to reasonable compensation for your best judgment, in reliance upon such of Trustee’s services hereunder as shall be renderedassumption.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Trust Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable tx xxxxonable compensation for such of xxxx xx Trustee’s 's services hereunder as shall be rendered. Grantor will, from time to time, pay reasonable compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and reasonable expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender and Beneficiary may instruct Trustee to take to protect or enforce Lender’s 's and Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as that Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lender, the 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her its agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 faith, and (div) any and all other lawful action as Lender may instruct the Trustee to take to protect or enforce Lender’s rights hereunder. , The Trustee shall not be personally liable in case of entry by the Trustee, or anyone entering by virtue of the powers herein granted to the Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. The Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by the Trustee hereunder, believed by the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by the Trustee in the performance of the Trustee’s duties hereunder and to reasonable compensation for such of the Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property Premises for debts contracted for or liability or damages incurred in the management or operation of the PropertyPremises. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee Xxxxxxx in the performance of TrusteeXxxxxxx’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (c) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trusteehim, or anyone entering by virtue of the powers herein granted to Trusteehim, upon the Mortgaged Property for debts contracted for 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, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee him hereunder, believed by Trustee him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee him in the performance of Trustee’s his duties hereunder and to reasonable compensation for such of Trustee’s his services hereunder as shall be rendered. Trustor will, from time to time, pay the compensation due hereunder to Trustee 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 LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lender, 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 Lender) 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/her his agents or attorneysattorneys in accordance with the terms of this Mortgage and applicable law, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as that Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of LenderXxxxxx, 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 LenderXxxxxx) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderXxxxxx, 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 LenderXxxxxx) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Xxxxxx may instruct Trustee to take to protect or enforce LenderXxxxxx’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Trust Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee Xxxxxxx in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Xxxxxxxx will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, execution and interpretation of the NoteLoan Agreement, the Affiliate Notes, this Security Instrument Deed of Trust or the Other 252 other Loan Documents (including, without limitation, the Affiliate 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/her its agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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 (div) to take any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderAgent, 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 LenderAgent or any Secured Party) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument Deed of Trust or the Other 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/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender Agent may instruct Trustee to take to protect or enforce LenderAgent’s or any Secured Party’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as that Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Borrower will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, execution and interpretation of the Loan Agreement, the Note, this Security Instrument Deed of Trust or the Other 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/her its agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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 (div) to take any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderXxxxxx, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s Xxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. , Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderAgent, 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 LenderAgent) 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 (div) any and all other lawful action as Lender Agent may instruct Trustee to take to protect or enforce LenderAgent’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property Collateral for debts contracted for or liability or damages incurred in the management or operation of the PropertyCollateral. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, Trustee Mortgagee 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 Lender) 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 terms, provisions, and powers hereof and to perform any duty hereunder either directly or through his/his or her agents or attorneys, ; (ciii) to select and employ, in and about the execution of his/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, 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 faith); and (div) any and all other lawful action as Lender may instruct Trustee to take that Mortgagee deem necessary or appropriate to protect or enforce Lender’s Mortgagee's rights hereunder. Trustee Mortgagee shall not be personally liable in case of entry by TrusteeMortgagee, or anyone entering by virtue of the powers herein granted to TrusteeMortgagee, upon the Property Premises for debts contracted for or liability or damages incurred in the management or operation of the PropertyPremises. Trustee Mortgagee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee Mortgagee hereunder, believed by Trustee Mortgagee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Agreement, the Note, this Security Instrument Deed of Trust, the Guaranty or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 faith, and (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (c) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trusteehim, or anyone entering by virtue of the powers herein granted to Trusteehim, upon the Mortgaged Property for debts contracted for 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, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee him hereunder, believed by Trustee him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee him in the performance of Trustee’s his duties hereunder and to reasonable compensation for such of Trustee’s his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due hereunder to Trustee 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 LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual DEED OF TRUST - Page 37 expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of LenderBeneficiary, Deed -------------- 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, execution and interpretation of the Note, this Security Instrument or the Other Loan DocumentsDeed of Trust, 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/her his agents or attorneys, ; (c) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Deed Trustee, and Deed Trustee shall not be answerable for any act, default, negligence, 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 Deed Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Deed Trustee’s gross 's negligence or bad faith faith; and (d) to take any and all other lawful action as Lender Beneficiary may instruct Deed Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Deed Trustee shall not be personally liable in case of entry by Trusteehim, or anyone entering by virtue of the powers herein granted to Trusteehim, upon the Mortgaged Property for debts contracted for or liability or damages incurred in the management or operation of the Mortgaged Property. Deed Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee him hereunder, believed by Trustee him in good faith to be genuine. Deed Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee him in the performance of Trustee’s his duties hereunder and to reasonable compensation for such of Trustee’s his services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Deed Trustee hereunder and reimburse Deed 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 other than as a result of Deed Trustee's negligence or willful misconduct.

Certain Rights. With the approval of Lender, the 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her his agents or attorneys, (c) to select and employ, in and about the execution of his/her 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, 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 faith, and (d) any and all other lawful action as Lender may instruct the Trustee to take to protect or enforce Lender’s Lenders rights hereunder. The Trustee shall not be personally liable in case of entry by the Trustee, or anyone entering by virtue of the powers herein granted to the Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. The Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by the Trustee hereunder, believed by the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by the Trustee in the performance of Trustee’s the Trustees duties hereunder and to reasonable compensation for such of Trustee’s the Trustees services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, ; (c) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, 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 faith; and (d) to take any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trusteehim, or anyone entering by virtue of the powers herein granted to Trusteehim, 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 an any action taken or proposed to be taken by Trustee him hereunder, believed by Trustee him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee him in the performance of Trustee’s his duties hereunder and to reasonable compensation for such of Trustee’s 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 LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her its agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be renderedrendered as provided by applicable law.. Trustor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her Trustee’s agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With To the extent permitted by applicable Colorado law, with the prior written approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Agreement, the Note, this Security Instrument Deed of Trust or the Other 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/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual out-of-pocket expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Trust Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Trustor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties (other than liabilities and expenses arising directly from the gross negligence or willful misconduct of Trustee).

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 LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other Loan DocumentsDeed 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 its agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 faith), and (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Trust Property for debts contracted for or liability or damages incurred in the management or operation of the Trust Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties. Beneficiary shall have no responsibility for compensating Trustee, reimbursing its expenses or providing it with indemnification.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising hereunder, including the preparation, execution, and interpretation of the NoteNotes, this Security Instrument Deed of Trust or the Other Loan Documentsother 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 faith, and (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Granted Property for debts contracted for or liability or damages incurred in the management or operation of the Granted Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her its agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 faith, and (div) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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, ; (b) to execute any of the trusts and powers power hereof and to perform any duty hereunder either directly or through his/her his agents or attorneys, ; (c) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if 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) any and all other lawful action as Lender Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to 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 an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties, except for liabilities arising from Trustee's gross negligence or willful misconduct.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her agents or attorneys, (ciii) to select and employ, in and about the execution of 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, 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 faith, and (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s 's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property Premises for debts contracted for or liability or damages incurred in the management or operation of the PropertyPremises. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of Lender, 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Loan Agreement, the Note, this Security Instrument Deed of Trust or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her his duties hereunder, suitable accountants, engineers and other experts, agents and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care, or for any error of judgment or act 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 (div) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) upon any matters arising requiring Trustee’s action or consent 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 or her agents or attorneys, (ciii) to select and employ, in and about the execution of his/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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property Premises for debts contracted for or liability or damages incurred in the management or operation of the PropertyPremises. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual customary and reasonable expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered.. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of 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 LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce LenderBeneficiary’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s duties hereunder and to reasonable compensation for such of Trustee’s services hereunder as shall be rendered. Trustor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee’s duties.

Certain Rights. With the approval of LenderBeneficiary, 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 LenderBeneficiary) 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 (div) any and all other lawful action as Lender that Beneficiary may instruct Trustee to take to protect or enforce Lender’s Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s 's duties hereunder and to reasonable compensation for such of Trustee’s '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 Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties except for liabilities arising from Trustee's gross negligence of willful misconduct.

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 LenderBeneficiary, 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 Lender) 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, (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his/her agents or attorneys, (c) to select and employ, in and about the execution of 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, 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) any and all other lawful action as Lender may instruct Trustee to take to protect or enforce Lender’s rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, document or signature authorizing or supporting an any action taken or proposed to be taken by Trustee it hereunder, believed by Trustee it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual actual, reasonable expenses incurred by Trustee it in the performance of Trustee’s its duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of 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 Lender, the 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 Lender) upon any matters arising hereunder, including the preparation, execution, and interpretation of the Note, this Security Instrument or the Other 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/her his agents or attorneys, (ciii) to select and employ, in and about the execution of his/her 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, 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 faith, and (div) any and all other lawful action as Lender may instruct the Trustee to take to protect or enforce Lender’s 's rights hereunder. The Trustee shall not be personally liable in case of entry by the Trustee, or anyone entering by virtue of the powers herein granted to the Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. The Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by the Trustee hereunder, believed by the Trustee in good faith to be genuine. The Trustee shall be entitled to reimbursement for actual expenses incurred by the Trustee in the performance of Trustee’s the Trustees duties hereunder and to reasonable compensation for such of Trustee’s the Trustees services hereunder as shall be rendered.

Certain Rights. With the approval of LenderGrantee, 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 LenderGrantee) upon any matters arising hereunder, including the preparation, execution, and interpretation of the NoteIndenture Notes, this Security Instrument or the Other Loan 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/her its agents or attorneys, ; (c) to select and employ, in and about the execution of his/her 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, 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) any and all other lawful action as Lender Grantee may instruct Trustee to take to protect or enforce Lender’s Xxxxxxx's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property for debts contracted for or liability or damages incurred in the management or operation of the Property. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual expenses incurred by Trustee in the performance of Trustee’s Xxxxxxx's duties hereunder and to reasonable compensation for such of Trustee’s 's services hereunder as shall be rendered.