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201210417 (4) Appraisal of the Substituted Property. An independent appraisal of the fair market value of the Substituted Property by an MAI appraiser if the Substituted Property is Real Property, or another expert satisfactory to the Deed Trustee and the Lender if the Substituted Property is not Real Property. (5) Record of Released Property. An up -to -date record of property released from the lien of this Deed of Trust, which list shall identify such Released Property by description, serial number or other particular identifying designation. (6) Documents of Conveyance. A supplement to this Deed of Trust and/or other documents reasonably requested by, and in form satisfactory to, the Deed Trustee and the Lender necessary to subject the Substituted Property to the terms of the Loan Agreement and the lien and security interest created by this Deed of Trust. (7) Opinion of Counsel. An opinion of counsel to the Grantor, addressed to the Deed Trustee and the Lender to the effect that: (A) The release of the property requested by the Grantor is authorized under the Loan Agreement and this Deed of Trust; (B) The Substituted Property is subject to the terms of the Loan Agreement and this Deed of Trust and to the lien and security interests created by this Deed of Trust, subject only to Permitted Encumbrances; (C) The execution and delivery of the requested release and the acceptance of the Substituted Property will not violate any provision of the Loan Agreement or this Deed of Trust, and all necessary action required to be taken by the Grantor, the Deed Trustee, and the Lender to effect the release of the Released Property and the conveyance of the Substituted Property has been taken; (D) The supplement to this Deed of Trust and all other documents required to effect the release of the Released Property and the substitution of the Substituted Property have been duly authorized, executed and delivered and are binding upon the parties executing and delivering the same in accordance with their respective terms; and (E) To the best of the knowledge of Grantor's counsel, all required permits and authorizations of all federal, state and local governmental bodies and agencies have been granted, or that no such permits or authorizations, other than those granted, are required. (b) Release by Reason of Error or Mistake and of Certain Small Items. Notwithstanding any other provision of this section, the Deed Trustee, upon request of the Borrower or the Lender, may consent to remove from the lien and security interest created by this Deed of Trust: (1) any Property that has been subjected thereto by reason of an error or mistake, if the Grantor files with the Deed Trustee and the Lender notice of its intention to remove such property at least 10 business days (excluding holidays where the Deed Trustee is closed for business) prior to removing the property; (2) any of the tangible Personal Property having an original per unit cost aggregating not more than 2% of the net book value of the Grantor's major movable equipment in any one fiscal year; (3) any of the Personal Property that has been fully depreciated in the fmancial records of the Grantor; and (4) Personal Property acquired after the -4-