ANY WASTE COMMITTED ON
THE PROPERTY BY THE TENANTS OR ANY OTHER PERSON, OR FOR ANY DANGEROUS OR
DEFECTIVE CONDITION OF THE PROPERTY, OR FOR ANY NEGLIGENCE IN THE MANAGEMENT,
UPKEEP, REPAIR OR CONTROL OF THE PROPERTY RESULTING IN LOSS OR INJURY OR DEATH
TO ANY TENANT, LICENSEE, EMPLOYEE OR STRANGER. NOTHING HEREIN CONTAINED SHALL BE
CONSTRUED AS CONSTITUTING LENDER A "MORTGAGEE IN POSSESSION."
31
ARTICLE 16
CONCERNING THE TRUSTEE
SECTION 16.1.
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 HIS OPINION, SUCH ACTION WOULD BE
LIKELY TO INVOLVE HIM IN EXPENSE OR LIABILITY, UNLESS REQUESTED SO TO DO BY A
WRITTEN INSTRUMENT SIGNED BY LENDER AND, IF LENDER 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
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 LENDER.
SECTION 16.2.
CERTAIN RIGHTS. WITH THE APPROVAL OF
LENDER, TRUSTEE SHALL HAVE THE RIGHT TO TAKE ANY AND ALL OF THE FOLLOWING
ACTIONS:
(I) TO SELECT, EMPLOY, AND 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 LOAN DOCUMENTS, AND SHALL BE
FULLY PROTECTED IN RELYING AS TO LEGAL MATTERS ON THE ADVICE OF COUNSEL, (II) TO
EXECUTE ANY OF THE TRUSTS AND POWERS HEREOF AND TO PERFORM ANY DUTY HEREUNDER
EITHER DIRECTLY OR THROUGH HIS AGENTS OR ATTORNEYS IN ACCORDANCE WITH THE TERMS
OF THIS MORTGAGE AND APPLICABLE LAW, (III) TO SELECT AND EMPLOY, IN AND ABOUT
THE EXECUTION OF HIS DUTIES HEREUNDER, SUITABLE ACCOUNTANTS, ENGINEERS AND OTHER
EXPERTS, AGENTS AND ATTORNEYS-IN-FACT, EITHER CORPORATE OR INDIVIDUAL, NOT
REGULARLY IN THE EMPLOY OF TRUSTEE (AND TRUSTEE SHALL NOT BE ANSWERABLE FOR ANY
ACT, DEFAULT, NEGLIGENCE, OR MISCONDUCT OF ANY SUCH ACCOUNTANT, ENGINEER OR
OTHER EXPERT, AGENT OR ATTORNEY-IN-FACT, IF SELECTED WITH REASONABLE CARE, OR
FOR ANY ERROR OF JUDGMENT OR ACT 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 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