WITHIN FIFTEEN (15) DAYS AFTER THE RECEIPT
BY IT OF A REQUEST TO DO SO, THE OWNER TRUSTEE ALONE SHALL HAVE THE POWER TO
MAKE SUCH APPOINTMENT. NO CO-TRUSTEE OR SEPARATE TRUSTEE UNDER THIS AGREEMENT
SHALL BE REQUIRED TO MEET THE TERMS OF ELIGIBILITY AS A SUCCESSOR TRUSTEE UNDER
SECTION 10.1 AND NO NOTICE OF THE APPOINTMENT OF ANY CO-TRUSTEE OR SEPARATE
TRUSTEE SHALL BE REQUIRED UNDER SECTION 10.3.
(B)
EACH SEPARATE TRUSTEE AND CO-TRUSTEE SHALL, TO THE EXTENT
PERMITTED BY LAW, BE APPOINTED AND ACT SUBJECT TO THE FOLLOWING PROVISIONS AND
CONDITIONS:
(I)
ALL RIGHTS, POWERS, DUTIES AND OBLIGATIONS CONFERRED OR IMPOSED
UPON THE OWNER TRUSTEE SHALL BE CONFERRED OR IMPOSED UPON AND EXERCISED OR
PERFORMED BY THE OWNER TRUSTEE AND SUCH SEPARATE TRUSTEE OR CO-TRUSTEE JOINTLY
(IT BEING UNDERSTOOD THAT SUCH SEPARATE TRUSTEE OR CO-TRUSTEE SHALL NOT BE
AUTHORIZED TO ACT SEPARATELY WITHOUT THE OWNER TRUSTEE JOINING IN SUCH ACT),
EXCEPT TO THE EXTENT THAT UNDER ANY LAW OF ANY JURISDICTION IN WHICH ANY
PARTICULAR ACT OR ACTS ARE TO BE PERFORMED THE OWNER TRUSTEE SHALL BE
INCOMPETENT OR UNQUALIFIED TO PERFORM SUCH ACT OR ACTS, IN WHICH EVENT SUCH
RIGHTS, POWERS, DUTIES AND OBLIGATIONS (INCLUDING THE HOLDING OF TITLE TO THE
OWNER TRUST ESTATE OR ANY PORTION THEREOF IN ANY SUCH JURISDICTION) SHALL BE
EXERCISED AND PERFORMED SINGLY BY SUCH SEPARATE TRUSTEE OR CO-TRUSTEE, BUT
SOLELY AT THE DIRECTION OF THE OWNER TRUSTEE;
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(II)
NO TRUSTEE UNDER THIS AGREEMENT SHALL BE PERSONALLY LIABLE BY
REASON OF ANY ACT OR OMISSION OF ANY OTHER TRUSTEE UNDER THIS AGREEMENT; AND
(III)
THE ADMINISTRATOR AND THE OWNER TRUSTEE ACTING JOINTLY MAY AT ANY
TIME ACCEPT THE RESIGNATION OF OR REMOVE ANY SEPARATE TRUSTEE OR CO-TRUSTEE.
(C)
ANY NOTICE, REQUEST OR OTHER WRITING GIVEN TO THE OWNER TRUSTEE
SHALL BE DEEMED TO HAVE BEEN GIVEN TO EACH OF THE THEN SEPARATE TRUSTEES AND
CO-TRUSTEES AS EFFECTIVELY AS IF GIVEN TO EACH OF THEM. EVERY INSTRUMENT
APPOINTING ANY SEPARATE TRUSTEE OR CO-TRUSTEE SHALL REFER TO THIS AGREEMENT AND
THE CONDITIONS OF THIS ARTICLE X. EACH SEPARATE TRUSTEE AND CO-TRUSTEE, UPON ITS
ACCEPTANCE OF THE TRUSTS CONFERRED, SHALL BE VESTED WITH THE ESTATES OR PROPERTY
SPECIFIED IN ITS INSTRUMENT OF APPOINTMENT, EITHER JOINTLY WITH THE OWNER
TRUSTEE OR SEPARATELY, AS MAY BE PROVIDED THEREIN, SUBJECT TO ALL THE PROVISIONS
OF THIS AGREEMENT, SPECIFICALLY INCLUDING EVERY PROVISION OF THIS AGREEMENT
RELATING TO THE CONDUCT OF, AFFECTING THE LIABILITY OF, OR AFFORDING PROTECTION
TO, THE OWNER TRUSTEE. EACH SUCH INSTRUMENT SHALL BE FILED WITH THE OWNER
TRUSTEE AND A COPY THEREOF GIVEN TO THE ADMINISTRATOR.
(D)
ANY SEPARATE TRUSTEE OR CO-TRUSTEE MAY AT ANY TIME CONSTITUTE THE
OWNER TRUSTEE, ITS AGENT OR ATTORNEY-IN-FACT WITH FULL POWER AND AUTHORITY, TO
THE EXTENT PERMITTED BY LAW, TO DO ANY LAWFUL ACT UNDER OR IN RESPECT OF THIS
AGREEMENT ON ITS BEHALF AND IN ITS NAME. IF ANY SEPARATE TRUSTEE OR CO-TRUSTEE
SHALL DIE, BECOME INCAPABLE OF ACTING, RESIGN OR BE REMOVED, ALL OF ITS ESTATES,