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 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.
SECTION 16.3.
RETENTION OF MONEY. 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 APPLICABLE
LAW), AND TRUSTEE SHALL BE UNDER NO LIABILITY FOR INTEREST ON ANY MONEYS
RECEIVED BY TRUSTEE HEREUNDER.
32
SECTION 16.4.
SUCCESSOR TRUSTEES. TRUSTEE MAY RESIGN
BY THE GIVING OF NOTICE OF SUCH RESIGNATION IN WRITING OR VERBALLY TO LENDER. IF
TRUSTEE SHALL DIE, RESIGN, OR BECOME DISQUALIFIED FROM ACTING IN THE EXECUTION
OF THIS TRUST, OR IF, FOR ANY REASON, LENDER SHALL PREFER TO APPOINT A
SUBSTITUTE TRUSTEE OR MULTIPLE SUBSTITUTE TRUSTEES, OR SUCCESSIVE SUBSTITUTE
TRUSTEES OR SUCCESSIVE MULTIPLE SUBSTITUTE TRUSTEES, TO ACT INSTEAD OF THE
AFORENAMED TRUSTEE, LENDER SHALL HAVE FULL POWER TO APPOINT A SUBSTITUTE TRUSTEE
(OR, IF PREFERRED, MULTIPLE SUBSTITUTE TRUSTEES) IN SUCCESSION WHO SHALL SUCCEED
(AND IF MULTIPLE SUBSTITUTE TRUSTEES ARE APPOINTED, EACH OF SUCH MULTIPLE
SUBSTITUTE TRUSTEES SHALL SUCCEED) TO ALL THE ESTATES, RIGHTS, POWERS, AND
DUTIES OF THE AFORENAMED TRUSTEE. SUCH APPOINTMENT MAY BE EXECUTED BY ANY
AUTHORIZED AGENT OF LENDER, AND IF SUCH LENDER BE A CORPORATION AND SUCH
APPOINTMENT BE EXECUTED IN ITS BEHALF BY ANY OFFICER OF SUCH CORPORATION, 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. BORROWER HEREBY RATIFIES
AND CONFIRMS ANY AND ALL ACTS WHICH THE AFORENAMED TRUSTEE, OR HIS SUCCESSOR OR
SUCCESSORS IN THIS TRUST, SHALL DO LAWFULLY BY VIRTUE HEREOF. IF MULTIPLE
SUBSTITUTE TRUSTEES ARE APPOINTED, EACH OF SUCH MULTIPLE SUBSTITUTE TRUSTEES
SHALL BE EMPOWERED AND AUTHORIZED TO ACT ALONE WITHOUT THE NECESSITY OF THE
JOINDER OF THE OTHER MULTIPLE SUBSTITUTE TRUSTEES, WHENEVER ANY ACTION OR
UNDERTAKING OF SUCH SUBSTITUTE TRUSTEES IS REQUESTED OR REQUIRED UNDER OR
PURSUANT TO THIS MORTGAGE OR APPLICABLE LAW. THE LENDER MAY APPOINT OR AUTHORIZE
A MORTGAGE SERVICER TO APPOINT A SUBSTITUTE TRUSTEE, SUCH APPOINTMENT OR
AUTHORIZATION TO BE MADE BY POWER OF ATTORNEY, CORPORATE RESOLUTION OR OTHER
WRITTEN INSTRUMENT. A MORTGAGE SERVICER MAY AUTHORIZE AN ATTORNEY TO APPOINT A
SUBSTITUTE TRUSTEE OR SUBSTITUTE TRUSTEES ON BEHALF OF BENEFICIARY. THE NAME AND
STREET ADDRESS OF SUCH TRUSTEE OR SUBSTITUTE TRUSTEE SHALL BE DISCLOSED ON THE
NOTICE OF SALE REQUIRED BY SECTION