TRUSTEE AS PROVIDED FOR IN THE PRECEDING SENTENCE OR TO
REMOVE TRUSTEE AS PROVIDED IN THE FIRST SENTENCE OF THIS SECTION 18.39(E).
SUCH
APPOINTMENT AND DESIGNATION BY LENDER, OR BY THE HOLDER OR HOLDERS OF NOT LESS
THAN A MAJORITY OF THE DEBT SECURED HEREBY, SHALL BE FULL EVIDENCE OF THE RIGHT
AND AUTHORITY TO MAKE THE SAME AND OF ALL FACTS THEREIN RECITED.
IF LENDER IS A
CORPORATION OR ASSOCIATION OR TRUST AND SUCH APPOINTMENT IS EXECUTED IN ITS
BEHALF BY AN OFFICER OR TRUSTEE OF SUCH CORPORATION OR ASSOCIATION OR TRUST,
SUCH APPOINTMENT SHALL BE CONCLUSIVELY PRESUMED TO BE EXECUTED WITH AUTHORITY
AND SHALL BE VALID AND SUFFICIENT WITHOUT PROOF OF ANY ACTION BY THE BOARD OF
DIRECTORS OR ANY SUPERIOR OFFICER OF THE CORPORATION OR ASSOCIATION OR TRUST.
UPON THE MAKING OF ANY SUCH APPOINTMENT AND DESIGNATION, ALL OF THE ESTATE AND
TITLE OF TRUSTEE IN THE PROPERTY SHALL VEST IN THE NAMED SUCCESSOR OR SUBSTITUTE
TRUSTEE, AND IT SHALL THEREUPON SUCCEED TO AND SHALL HOLD, POSSESS AND EXECUTE,
ALL OF THE RIGHTS, POWERS, PRIVILEGES, IMMUNITIES AND DUTIES HEREIN CONFERRED
UPON TRUSTEE; BUT, NEVERTHELESS, UPON THE WRITTEN REQUEST OF LENDER OR OF THE
SUCCESSOR OR SUBSTITUTE TRUSTEE, THE TRUSTEE CEASING TO ACT SHALL EXECUTE AND
DELIVER AN INSTRUMENT TRANSFERRING TO SUCH SUCCESSOR OR SUBSTITUTE TRUSTEE ALL
OF THE ESTATE AND TITLE IN THE PROPERTY OF THE TRUSTEE SO CEASING TO ACT,
TOGETHER WITH ALL THE RIGHTS, POWERS, PRIVILEGES, IMMUNITIES AND DUTIES HEREIN
CONFERRED UPON THE TRUSTEE, AND SHALL DULY ASSIGN, TRANSFER AND DELIVER ANY OF
THE PROPERTIES AND MONEYS HELD BY SAID TRUSTEE HEREUNDER TO SAID SUCCESSOR OR
SUBSTITUTE TRUSTEE.
ALL REFERENCES HEREIN TO "TRUSTEE" SHALL BE DEEMED TO REFER
TO TRUSTEE (INCLUDING ANY SUCCESSOR OR SUBSTITUTE APPOINTED AND DESIGNATED AS
HEREIN PROVIDED) FROM TIME TO TIME ACTING HEREUNDER.
(F)
NO LIABILITY OF TRUSTEE.
TRUSTEE SHALL NOT BE LIABLE FOR ANY
ERROR OF JUDGMENT OR ACT DONE BY TRUSTEE IN GOOD FAITH, OR BE OTHERWISE
RESPONSIBLE OR ACCOUNTABLE UNDER ANY CIRCUMSTANCES WHATSOEVER (INCLUDING
TRUSTEE'S NEGLIGENCE), EXCEPT FOR TRUSTEE'S GROSS NEGLIGENCE OR MISCONDUCT.
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 IT
HEREUNDER, BELIEVED BY IT IN GOOD FAITH TO BE GENUINE.
ALL MONEYS RECEIVED BY
TRUSTEE SHALL, UNTIL USED OR APPLIED AS HEREIN PROVIDED, BE HELD IN TRUST FOR
THE PURPOSES FOR WHICH THEY WERE RECEIVED, BUT NEED NOT BE SEGREGATED IN ANY
MANNER FROM ANY OTHER MONEYS (EXCEPT TO THE EXTENT REQUIRED BY LAW), AND TRUSTEE
SHALL BE UNDER NO LIABILITY FOR INTEREST ON ANY MONEYS RECEIVED BY IT
HEREUNDER.
TRUSTEE HEREBY RATIFIES AND CONFIRMS ANY AND ALL ACTS WHICH THE
HEREIN-NAMED TRUSTEE OR ITS SUCCESSOR OR SUCCESSORS, SUBSTITUTE OR SUBSTITUTES,
IN THIS TRUST, SHALL DO LAWFULLY BY VIRTUE HEREOF.
(G)
JUDGMENT ON ENVIRONMENTAL PROVISION.
(I)
JUDGMENT SOUGHT.
PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE
§736, LENDER MAY BRING AN ACTION (AS SUCH TERM IS DEFINED IN CALIFORNIA CODE