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HomeMy WebLinkAbout0993 . _ . ~ ~ . ' Ei~iIBIT "A" Full power and authority is granted by this Deed t~o Trustee or its successors to protect, conserve, sell, lease, encumber or otherwise to manage and dfspose of the real estate or any part of it. In no case shall any party dealinq with the Trustee in rel.a- ~ion t~o the real eatate or to whom the real estate or any part of it shall be conveyed, contractecl to be sold, leased or mort;~Qel? by Trustee,~be obliged tA see to the application of any purchase money, rent or money borrow~ed or advanced on the presaises, or be obliged to ir~uire int~ the r~eoeasity or e,xpediency of any act of the Truatee, or be obliged or priviledged to inquire into any o£ the terms of the Trust Agreaoent; anci every deed, trust deed, mortgage, lease or other instrument ex~ecut~ed by Trustee in relation to the real estate sha].1 be conclusive evidence in favor of ~very pereon relying upon or clafming under such conveyance, lease or other instrimyent (a) that at the time of ite delivery the trust creat~ed by this indenture and by the Trust Agreement was in full force and effect, (b) that s~ch conveyance or other instn~ment w~s e~oecuted in accordance with the trusts, condi- tiona and limitations contained in this indenture and in the Trust AgreaYrent and is binding upon all beneficiaries under such instru- ments, ( c) that Trustee was duly aut~cari zed and en~o~werer3 to execute a~d deliver every such deed, trust deed, lease, mortgage or other in- strument and (d) if the conveysnce ia made to a successor or in trust, that such suocessors in trust have been appointed properly and vested fully with all the title, estate, rights, pow~xs, duties and obligations of the pred,eoessor in trust. I Any contract, obli.gation or indebtedness incurred or entered ' int~o by the Trustee in connection with the reaZ estat~ may be entered int~o by it in the name of the then beneficiaries under the Trust Agree- ment, as tt~eir attorney in f~ct, by this Deed irrevocably appointed for such purpose, or, at the election of Trusbee, in its own name as _ Trustee of an express trust and not individually and Tru$tee shall have no obligation whatsoever with respect t~o any such contract, obli- gation or indebt,edness except only so far as the trust property and funds in the actual possession of Trustse shall be applicable for its " payment and discha.rge, and all persons and corporations wtxxnsoever and whatsoever shall be charged with notice of this condition fran the date of the filing for revord of this Deec1. The interest of each and every beneficiary wtider this I7~ed and ur~der the Trust Agreement referred to previously and of all per- sons claimir~g ur~der them or any of tY~n shall be oniy in th2 earnings, avails and pra.~eeds arisinq from the sale or other disposition of the real estate, and such interest is declared to be personal property, and no bene£iciary under this Dered shall have any titZe or interest, leqal or equitable, in or to the real estat~ as such but only an inte- rest in the earnings, avails and proceeds from such real estate as aforesaid. '85 O~C -5 P 3 ~1 i ~ ~ ~ R;,: . , . ~ LEWIS. VEGOSEN, ROSENBAGH $ FITZGERALO, P. A., ATT~~~~~~LAM~O S S~