FOR PARTIAL RELEASES SHALL BE APPLIED AS A PREPAYMENT ON THE NOTE.
9.3
ALL EXPENSES INCIDENT TO THE GRANTING OF PARTIAL RELEASES SHALL BE
BORN BY GRANTOR.
ARTICLE X
INTENTIONALLY DELETED
ARTICLE XI
TRUSTEE
11.1
NO REQUIRED ACTION. TRUSTEE SHALL NOT BE REQUIRED TO TAKE ANY
ACTION TOWARD THE EXECUTION AND ENFORCEMENT OF THE TRUST HEREBY CREATED OR TO
INSTITUTE, APPEAR IN, OR DEFEND ANY ACTION, SUIT, OR OTHER PROCEEDING IN
CONNECTION THEREWITH WHERE, IN TRUSTEE'S OPINION, SUCH ACTION WOULD BE LIKELY TO
INVOLVE TRUSTEE IN EXPENSE OR LIABILITY, UNLESS REQUESTED SO TO DO BY A WRITTEN
INSTRUMENT SIGNED BY BENEFICIARY AND, IF TRUSTEE SO REQUESTS, UNLESS TRUSTEE IS
TENDERED SECURITY AND INDEMNITY SATISFACTORY TO TRUSTEE AGAINST ANY AND ALL
COST, EXPENSE, AND LIABILITY ARISING THEREFROM. TRUSTEE SHALL NOT BE RESPONSIBLE
26
FOR THE EXECUTION, ACKNOWLEDGMENT, OR VALIDITY OF THE LOAN DOCUMENTS, OR FOR THE
PROPER AUTHORIZATION THEREOF, OR FOR THE SUFFICIENCY OF THE LIEN AND SECURITY
INTEREST PURPORTED TO BE CREATED HEREBY, AND TRUSTEE MAKES NO REPRESENTATION IN
RESPECT THEREOF OR IN RESPECT OF THE RIGHTS, REMEDIES, AND RECOURSES OF
BENEFICIARY.
11.2
CERTAIN RIGHTS. WITH THE APPROVAL OF BENEFICIARY, TRUSTEE SHALL
HAVE THE RIGHT TO TAKE ANY AND ALL OF THE FOLLOWING ACTIONS:
(I) SELECT,
EMPLOY, AND ADVISE WITH COUNSEL (WHO MAY BE, BUT NEED NOT BE, COUNSEL FOR
BENEFICIARY) UPON ANY MATTERS ARISING HEREUNDER, INCLUDING THE PREPARATION,
EXECUTION, AND INTERPRETATION OF THE LOAN DOCUMENTS, AND SHALL BE FULLY
PROTECTED IN RELYING AS TO LEGAL MATTERS ON THE ADVICE OF COUNSEL, (II) EXECUTE
ANY OF THE TRUSTS AND POWERS HEREOF AND PERFORM ANY DUTY HEREUNDER EITHER
DIRECTLY OR THROUGH TRUSTEE'S AGENTS OR ATTORNEYS, (III) SELECT AND EMPLOY, IN
AND ABOUT THE EXECUTION OF 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, AND (IV) ANY AND
ALL OTHER LAWFUL ACTION AS BENEFICIARY MAY INSTRUCT TRUSTEE TAKE TO PROTECT OR
ENFORCE 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 ANY ACTION TAKEN OR PROPOSED TO BE TAKEN BY
TRUSTEE HEREUNDER, BELIEVED BY TRUSTEE IN GOOD FAITH TO BE GENUINE. TRUSTEE
SHALL BE ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED BY TRUSTEE IN THE
PERFORMANCE OF TRUSTEE'S DUTIES HEREUNDER AND TO REASONABLE COMPENSATION FOR
SUCH OF TRUSTEE'S SERVICES HEREUNDER