Common use of Substitute Trustee Clause in Contracts

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification of Trustee, or if for any reason Agent shall deem it desirable to appoint a substitute or successor trustee to act instead of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trustee, without other formality than appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in full, or until the Property is sold hereunder. Such appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association and such appointment is executed in its behalf by an officer of such corporation or association, 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. Agent may act through an agent or attorney-in-fact in substituting trustees. Upon the making of any such appointment and designation, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent 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 Mortgaged Properties 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.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of the Trustee, or if the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the option of Beneficiary or the holder(s) of a majority of the Indebtedness for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute Substitute Trustee may be named, constituted and appointed by Beneficiary or successor trustee to act instead the holder(s) of a majority of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trusteeIndebtedness, without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association , and such appointment is executed this conveyance shall vest in its behalf by an officer the Substitute Trustee the title, powers and duties herein conferred on the Trustee originally named herein, and the conveyance of such corporation or association, such appointment the Substitute Trustee to the purchaser(s) at any sale of the Trust Property of any part thereof shall be conclusively equally valid and effective. The right to appoint a Substitute Trustee shall exist as often and whenever from any of said causes, the Trustee, original or Substitute, resigns or cannot, will not or does not act, or Beneficiary or the holder(s) of a majority of the Indebtedness desires to appoint a new Trustee. No bond shall ever be required of the Trustee, original or Substitute. The recitals in any conveyance made by the Trustee, original or Substitute, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Beneficiary or the Holder(s) of a majority of the Indebtedness to the Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of the Trustee, original or Substitute, or as to the inability, refusal or failure of the Trustee, original or Substitute, to act, or as to the election of Beneficiary or the holder(s) of a majority of the Indebtedness to appoint a new Trustee, or as to appointment of a Substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Grantor and sufficient without proof the heirs, personal representatives, successors and assigns of Grantor. Trustee, original or substitute, is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Trustee under him and in substituting trustees. Upon the making of his name, place and ▇▇▇▇▇ in order to take any actions that Trustee is authorized and empowered to do hereunder, such appointment to be evidenced by an instrument signed and designation, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent or of the successor or substitute acknowledged by said Trustee, the Trustee ceasing to act original or substitute; and all acts done by said attorney-in-fact shall execute be valid, lawful and deliver an instrument transferring to such successor or substitute Trustee all of the estate and title in the Mortgaged Properties of the Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the binding as if done by said Trustee, and shall duly assignoriginal or substitute, 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 hereunderin person.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of the Trustee, or if the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the option of Beneficiary or Required Lenders for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute trustee (“Substitute Trustee”) may be named, constituted and appointed by Beneficiary or successor trustee to act instead of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trusteeRequired Lenders, without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association , and such appointment is executed this conveyance shall vest in its behalf by an officer the Substitute Trustee the title, powers and duties herein conferred on the Trustee originally named herein, and the conveyance of such corporation or association, such appointment the Substitute Trustee to the purchaser(s) at any sale of the Trust Property of any part thereof shall be conclusively equally valid and effective. The right to appoint a Substitute Trustee shall exist as often and whenever from any of said causes, the Trustee, original or substitute, resigns or cannot, will not or does not act, or Beneficiary or the holder(s) of a majority of the Obligations desires to appoint a new Trustee. No bond shall ever be required of the Trustee, original or substitute. The recitals in any conveyance made by the Trustee, original or substitute, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Beneficiary or the Required Lenders to the Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of the Trustee, original or substitute, or as to the inability, refusal or failure of the Trustee, original or substitute, to act, or as to the election of Beneficiary or the holder(s) of a majority of the Obligations to appoint a new Trustee, or as to appointment of a Substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Grantor and sufficient without proof the heirs, personal representatives, successors and assigns of Grantor. Trustee, original or substitute, is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Trustee under him and in substituting trustees. Upon the making of his name, place and ▇▇▇▇▇ in order to take any actions that Trustee is authorized and empowered to do hereunder, such appointment to be evidenced by an instrument signed and designation, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent or of the successor or substitute acknowledged by said Trustee, the Trustee ceasing to act original or substitute; and all acts done by said attorney-in-fact shall execute be valid, lawful and deliver an instrument transferring to such successor or substitute Trustee all of the estate and title in the Mortgaged Properties of the Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the binding as if done by said Trustee, and shall duly assignoriginal or substitute, 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 hereunderin person.

Substitute Trustee. The Trustee may resign by an instrument in ------------------ writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification of Trustee, or if for any reason Agent shall deem it desirable to appoint a substitute or successor trustee to act instead of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trustee, without other formality than appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in full, or until the Property is sold hereunder. In the event the secured indebtedness is owned by more than one person or entity, the holder or holders of not less than a majority in the amount of such indebtedness shall also have the right and authority to make the appointment of a successor or substitute trustee as provided for in the preceding sentence or to remove Trustee as provided in the first sentence of this section, Such appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association and such appointment is executed in its behalf by an officer of such corporation or association, 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. Agent may act through an agent or attorney-in-fact in substituting trustees. Upon the making of any such appointment and designation, all of the estate and title of Trustee in the Deed of Trust Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent 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 Deed of Trust Mortgaged Properties 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.

Substitute Trustee. The Trustee may resign by an instrument in ------------------ writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification of Trustee, or if for any reason Agent shall deem it desirable to appoint a substitute or successor trustee to act instead of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trustee, without other formality than appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in full, or until the Property is sold hereunder. In the event the secured indebtedness is owned by more than one person or entity, the holder or holders of not less than a majority in the amount of such indebtedness shall also have the right and authority to make the appointment of a successor or substitute trustee as provided for in the preceding sentence or to remove Trustee as provided in the first sentence of this section, Such appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association and such appointment is executed in its behalf by an officer of such corporation or association, 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. Agent may act through an agent or attorney-in-fact in substituting trustees. Upon the making of any such appointment and designation, all of the estate and title of Trustee in the Deed of Trust Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent 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 Deed of Trust Mortgaged Properties 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.

Substitute Trustee. The If the Trustee may resign by an instrument shall die or become disqualified from acting in writing addressed to Agentthe execution of this trust, or Trustee may be removed at any time with absent from the country or without cause shall fail or refuse to execute the same when requested by an instrument in writing executed by Agent. In case of the deathBeneficiary to do so; or if, resignation, removal, or disqualification of Trustee, or if for any reason Agent reason, Beneficiary shall deem it desirable prefer to appoint a substitute or successor trustee Trustee to act instead of the herein Trustee named trustee or any substitute or successor trusteeherein, then Agent Beneficiary shall have the right and is hereby authorized and empowered full power to appoint a successor trusteeappoint, by recorded, written instrument, or other manner as provided by applicable law, a substitute trusteeTrustee, without other formality than appointment and, if necessary, several substitute Trustees in succession, who shall succeed to all the estate, rights, powers and designation in writing executed by Agent and duties of the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in full, or until the Property is sold hereunderoriginal Trustee named herein. Such appointment may be executed by any authorized agent of Beneficiary; and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent if Beneficiary is a corporation or association and such appointment is executed in its behalf by an any officer of such corporation or associationcorporation, 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 corporation. Grantor hereby agrees, in its behalf and in behalf of its heirs, executors, administrators, successors, personal representatives and assigns, that any and all statements of fact or association. Agent may act through an agent other recitals made in any deed of conveyance given by the Trustee, with respect to the identity of Beneficiary, or attorney-in-fact in substituting trustees. Upon with respect to the making occurrence or existence of any such appointment and designationdefault, all or with respect to the acceleration of the estate and title maturity of Trustee in any Indebtedness secured hereby, or with respect to the Mortgaged Properties shall vest in request to sell, the named successor or substitute Trustee and such successor or substitute shall thereupon succeed tonotice of sale, the giving of notice to all debtors legally entitled thereto, the time, place, terms, and shall holdmanner of sale, possess and executereceipt, all the rightsdistribution, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent or application of the successor money realized therefrom, or with respect to the due and proper appointment of a substitute Trustee, and, without being limited by the foregoing, with respect to any other act or thing having been duly done by the Beneficiary or by the Trustee ceasing hereunder, shall be taken by all courts of law and equity as prima facie evidence that the statements or recitals state facts and are without further question to be so accepted, and Grantor hereby ratifies and confirms every act shall execute and deliver an instrument transferring to such successor that Trustee or any substitute Trustee all of the estate and title hereunder may lawfully do in regard to the Mortgaged Properties 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 Property 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 hereundervirtue hereof.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of the Trustee, or if the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the option of Beneficiary or the holder(s) of a majority of the Indebtedness for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute Substitute Trustee may be named, constituted and appointed by Beneficiary or successor trustee to act instead the holder(s) of a majority of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trusteeIndebtedness, without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association , and such appointment is executed this conveyance shall vest in its behalf by an officer the Substitute Trustee the title, powers and duties herein conferred on the Trustee originally named herein, and the conveyance of such corporation or association, such appointment the Substitute Trustee to the purchaser(s) at any sale of the Trust Property of any part thereof shall be conclusively equally valid and effective. The right to appoint a Substitute Trustee shall exist as often and whenever from any of said causes, the Trustee, original or Substitute, resigns or cannot, will not or does not act, or Beneficiary or the holder(s) of a majority of the Indebtedness desires to appoint a new Trustee. No bond shall ever be required of the Trustee, original or Substitute. The recitals in any conveyance made by the Trustee, original or Substitute, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Beneficiary or the Holder(s) of a majority of the Indebtedness to the Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of the Trustee, original or Substitute, or as to the inability, refusal or failure of the Trustee, original or Substitute, to act, or as to the election of Beneficiary or the holder(s) of a majority of the Indebtedness to appoint a new Trustee, or as to appointment of a Substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Grantor and sufficient without proof the heirs, personal representatives, successors and assigns of Grantor. Trustee, original or substitute, 182 28 is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Trustee under him and in substituting trustees. Upon the making of his name, place and stea▇ ▇▇ order to take any actions that Trustee is authorized and empowered to do hereunder, such appointment to be evidenced by an instrument signed and designation, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent or of the successor or substitute acknowledged by said Trustee, the Trustee ceasing to act original or substitute; and all acts done by said attorney-in-fact shall execute be valid, lawful and deliver an instrument transferring to such successor or substitute Trustee all of the estate and title in the Mortgaged Properties of the Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the binding as if done by said Trustee, and shall duly assignoriginal or substitute, 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 hereunderin person.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of the Trustee, or if the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the option of Beneficiary or the holder(s) of a majority of the Obligations for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute Trustee (“Substitute Trustee”) may be named, constituted and appointed by Beneficiary or successor trustee to act instead the holder(s) of a majority of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trusteeObligations, without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association , and such appointment is executed this conveyance shall vest in its behalf by an officer the Substitute Trustee the title, powers and duties herein conferred on the Trustee originally named herein, and the conveyance of such corporation or association, such appointment the Substitute Trustee to the purchaser(s) at any sale of the Trust Property of any part thereof shall be conclusively equally valid and effective. The right to appoint a Substitute Trustee shall exist as often and whenever from any of said causes, the Trustee, original or Substitute Trustee, resigns or cannot, will not or does not act, or Beneficiary or the holder(s) of a majority of the Obligations desires to appoint a new Trustee. No bond shall ever be required of the Trustee, original or Substitute Trustee. The recitals in any conveyance made by the Trustee, original or Substitute, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Beneficiary or the holders(s) of a majority of Obligations to the Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of the Trustee, original or Substitute, or as to the inability, refusal or failure of the Trustee, original or Substitute Trustee, to act, or as to the election of Beneficiary or the holder(s) of a majority of the Obligations to appoint a new Trustee, or as to appointment of a Substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Grantor and sufficient without proof the heirs, personal representatives, successors and assigns of Grantor. Trustee, original or substitute, is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Trustee under it and in substituting trustees. Upon the making of its name, place and stead in order to take any actions that Trustee is authorized and empowered to do hereunder, such appointment to be evidenced by an instrument signed and designationacknowledged by said Trustee, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor original or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Substitute Trustee; but neverthelessand all acts done by said attorney-in-fact shall be valid, upon the written request of Agent or of the successor or substitute lawful and binding as if done by said Trustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor original or substitute Trustee all of the estate and title in the Mortgaged Properties of the Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the Substitute 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 hereunderin person.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of the Trustee, or if the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the option of Beneficiary or Required Lenders for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute trustee may be named, constituted and appointed by Beneficiary or successor trustee to act instead of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trusteeRequired Lenders, without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association , and such appointment is executed this conveyance shall vest in its behalf by an officer the substitute trustee the title, powers and duties herein conferred on the Trustee originally named herein, and the conveyance of such corporation or association, such appointment the substitute trustee to the purchaser(s) at any sale of the Mortgaged Property of any part thereof shall be conclusively equally valid and effective. The right to appoint a substitute trustee shall exist as often and whenever from any of said causes, the Trustee, original or substitute, resigns or cannot, will not or does not act, or Beneficiary or the holder(s) of a majority of the Indebtedness desires to appoint a new Trustee. No bond shall ever be required of the Trustee, original or substitute. The recitals in any conveyance made by the Trustee, original or substitute, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Beneficiary or the Required Lenders to the Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of the Trustee, original or substitute, or as to the inability, refusal or failure of the Trustee, original or substitute, to act, or as to the election of Beneficiary or the holder(s) of a majority of the Indebtedness to appoint a new Trustee, or as to appointment of a substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Grantor and sufficient without proof the heirs, personal representatives, successors and assigns of Grantor. Trustee, original or substitute, is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Trustee under him and in substituting trustees. Upon the making of his name, place and stead in order to take any actions that Trustee is authorized and e▇▇▇▇▇red to do hereunder, such appointment to be evidenced by an instrument signed and designation, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent or of the successor or substitute acknowledged by said Trustee, the Trustee ceasing to act original or substitute; and all acts done by said attorney-in-fact shall execute be valid, lawful and deliver an instrument transferring to such successor or substitute Trustee all of the estate and title in the Mortgaged Properties of the Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the binding as if done by said Trustee, and shall duly assignoriginal or substitute, 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 hereunderin person.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of the Trustee, or if the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the option of Beneficiary or the Majority Lenders for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute trustee may be named, constituted and appointed by Beneficiary at Beneficiary's own option or successor trustee to act instead at the request of the herein named trustee or any substitute or successor trustee, then Agent shall have Majority Lenders (the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trustee"Substitute Trustee"), without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association , and such appointment is executed this conveyance shall vest in its behalf by an officer the Substitute Trustee the title, powers and duties herein conferred on the Trustee originally named herein, and the conveyance of such corporation or association, such appointment the Substitute Trustee to the purchaser(s) at any sale of the Trust Property of any part thereof shall be conclusively equally valid and effective. The right to appoint a Substitute Trustee shall exist as often and whenever from any of said causes, the Trustee, original or substitute, resigns or cannot, will not or does not act, or Beneficiary or the Majority Lenders desire to appoint a new Trustee. No bond shall ever be required of the Trustee, original or substitute. The recitals in any conveyance made by the Trustee, original or substitute, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Beneficiary or the Majority Lenders to the Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of the Trustee, original or substitute, or as to the inability, refusal or failure of the Trustee, original or substitute, to act, or as to the election of Beneficiary or the Majority Lenders to appoint a new Trustee, or as to appointment of a Substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Grantor and sufficient without proof the heirs, personal representatives, successors and assigns of Grantor. Trustee, original or substitute, is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Trustee under him and in substituting trustees. Upon the making of his name, place and ▇▇▇▇▇ in order to take any actions that Trustee is authorized and empowered to do hereunder, such appointment to be evidenced by an instrument signed and designation, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent or of the successor or substitute acknowledged by said Trustee, the Trustee ceasing to act original or substitute; and all acts done by said attorney-in-fact shall execute be valid, lawful and deliver an instrument transferring to such successor or substitute Trustee all of the estate and title in the Mortgaged Properties of the Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the binding as if done by said Trustee, and shall duly assignoriginal or substitute, 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 hereunderin person.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of Mortgaged Property Trustee, or if the inability (through death or otherwise), refusal or failure of Mortgaged Property Trustee to act, or at the option of Beneficiary for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute or successor trustee Mortgaged Property Trustee (herein referred to act instead of as the herein named trustee or any substitute or successor trustee“Substitute Trustee”) may be named, then Agent shall have the right constituted and is hereby authorized and empowered to appoint a successor trustee, or a substitute trusteeappointed by Beneficiary, without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation , and this conveyance shall vest in the Substitute Trustee the title, powers and duties herein conferred on Mortgaged Property Trustee originally named herein, and the conveyance of the Substitute Trustee to the purchaser(s) at any sale of the Mortgaged Property or association and such appointment is executed in its behalf by an officer of such corporation or association, such appointment any part thereof shall be conclusively equally valid and effective. The right to appoint a Substitute Trustee shall exist as often and whenever from any of said causes, Mortgaged Property Trustee, original or Substitute Trustee, resigns or cannot, will not or does not act, or Beneficiary desires to appoint a new Mortgaged Property Trustee. No bond shall ever be required of Mortgaged Property Trustee, original or Substitute Trustee. The recitals in any conveyance made by Mortgaged Property Trustee, original or Substitute Trustee, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Beneficiary to Mortgaged Property Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of Mortgaged Property Trustee, original or Substitute Trustee, or as to the inability, refusal or failure of Mortgaged Property Trustee, original or Substitute Trustee, to act, or as to the election of Beneficiary to appoint a new Mortgaged Property Trustee, or as to appointment of a Substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Trustor and sufficient without proof the heirs, personal representatives, successors and assigns of Trustor. Mortgaged Property Trustee, original or Substitute Trustee, is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Mortgaged Property Trustee under him and in substituting trustees. Upon the making of his name, place and ▇▇▇▇▇ in order to take any actions that Mortgaged Property Trustee is authorized and empowered to do hereunder, such appointment to be evidenced by an instrument signed and designationacknowledged by said Mortgaged Property Trustee, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor original or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Substitute Trustee; but neverthelessand all acts done by said attorney-in-fact shall be valid, upon the written request of Agent or of the successor or substitute lawful and binding as if done by said Mortgaged Property Trustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor original or substitute Trustee all of the estate and title in the Mortgaged Properties of the Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the Substitute 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 hereunderin person.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of the Trustee, or if the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the option of Beneficiary or the holder(s) of a majority of the Obligations for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute Trustee (“Substitute Trustee”) may be named, constituted and appointed by Beneficiary or successor trustee to act instead the holder(s) of a majority of the herein named trustee or any substitute or successor trustee, then Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trusteeObligations, without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation or association , and such appointment is executed this conveyance shall vest in its behalf by an officer the Substitute Trustee the title, powers and duties herein conferred on the Trustee originally named herein, and the conveyance of such corporation or association, such appointment the Substitute Trustee to the purchaser(s) at any sale of the Mortgaged Property of any part thereof shall be conclusively equally valid and effective. The right to appoint a Substitute Trustee shall exist as often and whenever from any of said causes, the Trustee, original or Substitute Trustee, resigns or cannot, will not or does not act, or Beneficiary or the holder(s) of a majority of the Obligations desires to appoint a new Trustee. No bond shall ever be required of the Trustee, original or Substitute Trustee. The recitals in any conveyance made by the Trustee, original or Substitute, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Beneficiary or the holders(s) of a majority of Obligations to the Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of the Trustee, original or Substitute, or as to the inability, refusal or failure of the Trustee, original or Substitute Trustee, to act, or as to the election of Beneficiary or the holder(s) of a majority of the Obligations to appoint a new Trustee, or as to appointment of a Substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Grantor and sufficient without proof the heirs, personal representatives, successors and assigns of Grantor. Trustee, original or substitute, is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Trustee under it and in substituting trustees. Upon the making of its name, place and stead in order to take any actions that Trustee is authorized and empowered to do hereunder, such appointment to be evidenced by an instrument signed and designationacknowledged by said Trustee, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor original or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Substitute Trustee; but neverthelessand all acts done by said attorney-in-fact shall be valid, upon the written request of Agent or of the successor or substitute lawful and binding as if done by said Trustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor original or substitute Trustee all of the estate and title in the Mortgaged Properties of the Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon the Substitute 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 hereunderin person.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Agent. In case of the death, resignation, removal, or disqualification resignation of Trustee, or if the inability (through death or otherwise), refusal or failure of Trustee to act, or at the option of Agent for any other reason Agent shall deem it desirable to appoint (which reason need not be stated), a substitute or successor trustee Trustee (herein referred to act instead of as the herein named trustee or any substitute or successor trustee“Substitute Trustee”) may be named, then Agent shall have the right constituted and is hereby authorized and empowered to appoint a successor trustee, or a substitute trusteeappointed by Agent, without other formality than an appointment and designation in writing executed by Agent and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby has been paid in fullwriting, or until the Property is sold hereunder. Such which appointment and designation by Agent shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent is a corporation , and this conveyance shall vest in the Substitute Trustee the title, powers and duties herein conferred on Trustee originally named herein, and the conveyance of the Substitute Trustee to the purchaser(s) at any sale of the Property or association and such appointment is executed in its behalf by an officer of such corporation or association, such appointment any part thereof shall be conclusively equally valid and effective. The right to appoint a Substitute Trustee shall exist as often and whenever from any of said causes, Trustee or Substitute Trustee, resigns or cannot, will not or does not act, or Agent desires to appoint a new Trustee. No bond shall ever be required of Trustee or Substitute Trustee. The recitals in any conveyance made by Trustee or Substitute Trustee, shall be accepted and construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no other proof shall be required as to the request by Agent to Trustee to enforce this Instrument, or as to the notice of or holding of the sale, or as to any particulars thereof, or as to the resignation of Trustee or Substitute Trustee, or as to the inability, refusal or failure of Trustee or Substitute Trustee, to act, or as to the election of Agent to appoint a new Trustee, or as to appointment of a Substitute Trustee, and all prerequisites of said sale shall be presumed to be executed with authority have been performed; and each sale made under the powers herein granted shall be valid a perpetual bar against Grantor and sufficient without proof the successors and assigns of Grantor. Trustee or Substitute Trustee is hereby authorized and empowered to appoint any action by the board of directors one or any superior officer of the corporation or association. Agent may act through an agent or more persons as attorney-in-fact to act as Trustee under him and in substituting trustees. Upon the making of his name, place and ▇▇▇▇▇ in order to take any actions that Trustee is authorized and empowered to do hereunder, such appointment and designation, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but nevertheless, upon the written request of Agent or of the successor or substitute Trustee, the Trustee ceasing to act shall execute and deliver be evidenced by an instrument transferring to such successor or substitute Trustee all of the estate signed and title in the Mortgaged Properties 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 acknowledged by said Trustee hereunder or Substitute Trustee and all acts done by said attorney-in-fact shall be valid, lawful and binding as if done by said Trustee or Substitute Trustee in person. The Agent may appoint or authorize a mortgage servicer to said successor 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 Trusteetrustees on behalf of Agent and the Lenders. All references herein to Trustee The name and street address of such trustee or substitute trustee shall be deemed to refer to Trustee (including any successor or substitute appointed and designated as herein provided) from time to time acting hereunderdisclosed on the notice of sale required by Section 51.002 of the Texas Property Code.

Substitute Trustee. The Trustee may resign by an instrument in writing addressed to AgentMortgagee, or Trustee may be removed at any time with or without cause by an instrument in writing executed by AgentMortgagee. In case of the death, resignation, removal, or disqualification of Trustee, or if for any reason Agent Mortgagee shall deem it desirable to appoint a substitute or successor trustee to act instead of the herein named trustee or any substitute or successor trustee, then Agent Mortgagee shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trustee, without other formality than appointment and designation in writing executed by Agent Mortgagee and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness secured hereby Deed of Trust has been paid in fullreleased, or until the Property is sold hereunder. Such appointment and designation by Agent Mortgagee shall be full evidence of the right and authority to make the same and of all facts therein recited. If Agent Mortgagee is a corporation or association and such appointment is executed in on its behalf by an officer of such corporation or association, 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. Agent Mortgagee may act through an agent Mortgagee or attorney-in-fact in substituting trustees. Upon the making of any such appointment and designation, all of the estate and title of Trustee in the Mortgaged Properties shall vest in the named successor or substitute Trustee and such successor or substitute shall thereupon succeed to, and shall hold, possess and execute, all the rights, powers, privileges, immunities and duties herein conferred upon Trustee (other than the benefits of the indemnities, immunities and releases provided herein and in the other Loan Documents, which will inure both to the former Trustee and to the successor or substitute Trustee); but nevertheless, and upon the written request of Agent Mortgagee 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 Mortgaged Properties 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 the Trustee hereunder ceasing to said act to such successor or substitute Trustee. All references herein to Trustee shall be deemed to refer to the Trustee (including any successor or substitute appointed and designated as herein provided) from time to time acting hereunder.