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201201204 C. Appointment of Substitute Trustee IfApplicable The Existing Secueity Instrument names N/A, as Trustee and the Subordinating Lender as Benef►ciary. The Existing Security Instrument provides that the Subordinating Lender may designate and appoint a substitute Trustee in place of any other trustee by an instrument recorded among the appropriate land records. The Subordinating Lender hereby removes N/A as Trustee and designates and appoints N/A as substitute Ttvstee with the same powers and duties as were originally vested in the Original Trvstee under the Existing Security Instrument. D. General Terms and Conditions Binding Effect — This Agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto and all of those holding title under any of them. Nonwaiver — This Agreement may not be changed or terminated orally. No indulgence, waiver, election or non-election by New Lender or the trustee(s) under the New Security Instrument or related documents shall affect this Agreement. Severability — The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions of this Agreement. E. Signatures and Acknowledgements The Subordinating Lender, through its authorized officer, and the Trustee if applicable, individually or through its authorized officer or other representative, and the Borrower, have each set their hand and seal as of the Effective Date above unless otherwise indicated. (ACKNOWLEDGEMENT PAGE FOLLOWS) SUBMOD NE 10-25-10 Page 3 of 6 0000000000409203