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thirds in interest of the Beneficiaries shall have the right 1
by an instrument or instruments in writing delivered to the
Trustees to direct the time, method and place of conducting
ariy proceeding for any remedy available to the Trustees here-
under or under the Individual 1?iortgages; provided, hvwever,
that, subject to the provisions af Section 18.1, the Trustees
shall have the right to decline to folloiw any such direction
if, being advised by oounsel, the Trustees shall determine
that the action so directed may not lawfully be taken or if
the Trustees in good faith shall determine that the action
so directed would involve them in personal liability. If the
Trustees shall have neglected to institute any proceedings or
to take any other action permitted by ~rticle VIII for a
period of thirty (30) days follawing receipt of written
instructions to do so from two-thirds in interest of the
Beneficiaries, then any of the Beneficiaries shall have the .
right to institute ar~y such proceedings or take any such
other action permitted hereby. If no instructions are
j received from the Beneficiaries, the Trustees shall take
E such action as they shall deem necessary or desirable.
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ARTICLE XVIII
F
~ 18 . T'he Trus tees .
18.1. ia) Prior to their receipt of notice of the ~
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~ occurrence of an Event of Default, the Trustees undertake to ;
~ perform such duties and only such duties as are specifically =
~ set forth in this Indenture. In case an Event of Default has
~ occurred, the Trustees shall exercise such of the rights and
~ pawers vested in them by this Indenture, and use the same #
~ degree of care and skill in their exercise, as a prudent man 3
~ would exercise or use under the circumstances in the conduct of ~
~ his awn affairs. The Trustees shall not be liable and accour~t- #
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- able hereunder except for their awn negligent action or omis- ~
~ sion or willful misconduct. - ~
(b) The Trustees shall execute such waivers and ~
disclaimers and exercise such rights, pawers and remedies f
as may be directed by two-thirds in interest of the Benefi-
ciaries. Without the prior approval of two-thirds in interest ~
= of the Beneficiaries, the Trustees shall not modify or amend ~
this Indenture, the Individual i•iortgages, the Lease Assigni^~ent ;
or the Pledge Agreement or waive the provisions of any thereof. -r
'=1 (c) The Corporate Trustee, upon receipt of all
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