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Any contract obligation or indebtedness incurred or entered into
by the Trustee in connection witt~ sai~ property shall be as Trustee of
an express trust and not individually and the Trustee shall have no
obligation whatsoever with respect to.any such contract, obligation or
indebtedness excep~ only so far as the trust property in the actual
possession of the Trustee shall be applicable for the payment and dis-
charge thereof; and it shall be expressly understood that any represen-
tations, warranties, covenants, urtdertakings and agreements hereinafter
made on the part of the Trustee, while in form purporting to be the
representations, warranties, covenants, undertakings and agreements of
said Trustee, are nevertheless made and intended not as personal repre-
sentations, warranties, covenants, undertakings and agreements by the
Trustee or for the purpose or with the intention of binding sai~ Trus-
tee personally, but are made and intended far the purpose of binding
only the trust property specificaily described herein; and that no per-
sonal liability or personal responsibility is assumed by nor shall at
any time be asserted or enforceable against the Trustee individually on
account of any instrument executed by or on account of any representa-
tion, warranty, covenant, undertaking or aqreement of the said Trustee.
either expressed or implied, all such personal liability, if any, being
expressly waived and releas~d and all persons and corporations whomso-
ever and whatsoever shall be charged with notice of this condition from
the date of the filing for record of this Deed.
In no case shall any party dealing with sai~d Trustee in relation
to said property, or to whom said property or any part thereof shall be
conveyed, contracted to be sold, leased or mortgaged by said trustee,
be obliged to see to the application of any purchase money, rent, or
money borrowed 4r advanced on said property, or be obliged to see that
the terms of this Trust have been complied with, or be obliged to in-
quire into the necessity or expediency of any act of said Trustee, or
be obliged or privileged to inquire into any of the terms of said Trust
Ayreement; and every deed, trust deed, mortgage, lease or other instru-
ment executca ~" ~:~'~ ~~'.:~~~° ~.^. ~°~ 3~~^.^. }^ ~~2'~ ^rnnnr~v chal 1 hA
... ...~ r~~r-- -1
conclusive evidence in favor of every person relying upon or claiming
under any such conveyance, lease or other instrument (a) that at the '
~ime of the delivery thereof the Trust created by this Indenture and by
said Trust_ Agreement was in full force and effect, (b) that such con-
veyance or other instrument was executed in accordance with the Trust
conditions and limitations contained in this Indenture and in saic~
Trust Agreement or in some amendment thereof and binding upon all bene-
ficiaries thereunder, (c) that the Trustee was duly authorized and
empowei-ed to execute and deliver every such deed, trust deed, lease,
mortgage or other instrument and (d) if the conveyance is made to a
successor or successors in trust, that such successor or successors in
trust have been properly appointed and are fully vested with all the ,
title, estate, riqhts, powers, authorities, duties and obligations of
its, his or their predecessor in trust.
The interest of each beneficiary under the Trust Agreement here-
under and of al~ persons claiming under them or any of them-shall be
only in the possession, earnings, avails and proceeds arising from the
sale or other disposition of said pr~perty, and such interest is hereby
declared to be personal property, and no beneficiary hereunder shatl
have any title or interest, legal or equitable, in or to said property
as such, but only an interest in the possession, earnings, avails and
proceeds thereof as aforesaid.
AND the Grantor hereby covenants with said Grantee that Grantor is
lawfully seized of said property in fee simple; that the Grantor has
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~~'~ 349 PAGf 1~05
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