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201210417 <br />this Deed of Trust without the consent of the registered owner of the Bond, upon receipt by the Deed <br />Trustee of the following: <br />(1) Request of Grantor. A letter from the Grantor that requests the release of certain <br />property from the lien of this Deed of Trust (referred to herein as "Released Property ") and that <br />describes the property to be released. <br />(2) Certificate of Grantor. A letter from the Grantor to the Deed Trustee certifying: <br />(A) That the Grantor has substituted property of equal value to the Released <br />Property (referred to herein as "Substituted Property ") or has deposited with the Deed <br />Trustee, in trust, cash equal to the fair market value of the Released Property; <br />(B) The fair market value of both the Released Property and the Substituted <br />Property; <br />(C) The use for the Released Property and the consideration to be received <br />for the Released Property; <br />(D) That the substitution of the Substituted Property or cash for the Released <br />Property will not have a material adverse affect on the operation of the Project or any <br />other properties of the Grantor, or the ability of the Grantor to satisfy its duties and <br />obligations under the Borrower Documents; <br />(E) That the Substituted Property is necessary or useful in the operation of <br />the Project; <br />(F) That the fair market value of the Substituted Property together with cash, <br />if any, or all cash to be received is at least equal to the fair market value of the Released <br />Property; <br />(G) That the substitution of the Substituted Property or cash for the Released <br />Property will not result in a default under the Borrower Documents of this Deed of Trust; <br />(H) That all required permits and authorizations of all federal, state and local <br />governmental bodies and agencies have been granted, or that no such permits or <br />authorizations, other than those granted, are required; and <br />( That the removal of the Released Property from the lien of this Deed of <br />Trust, and its replacement with Substituted Property or cash, is permitted under the <br />Borrower Documents. <br />(3) Appraisal of the Released Property. An independent appraisal of the fair market <br />value of the Released Property by a member of the American Institute of Real Estate Appraisers <br />licensed in Nebraska (an "MAI appraiser ") if the Released Property is Real Property, or by <br />another expert acceptable to the Deed Trustee and the Lender if the Released Property is not Real <br />Property. <br />