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202107049 <br />The removal from the Premises of any portion of the Equipment pursuant to the provisions of this <br />Section shall not entitle Borrower to any abatement or diminution in the amounts payable under the <br />Agreement; provided, however, that amounts deposited with Beneficiary pursuant to the provisions of this <br />Section shall be credited against the next installment of principal and interest due on the Bond. <br />Borrower shall promptly report to Beneficiary each such removal, substitution, sale or other <br />disposition and shall pay to Beneficiary such amounts as are required by the provisions of subsection (b) <br />of this Section promptly after sale, trade-in or other disposition requiring such payment; provided, <br />however, that no such report and payment need be made until the amount to be deposited with <br />Beneficiary on account of all such sales, trade-ins or other dispositions not previously reported aggregates <br />at least $25,000. Borrower shall not remove or permit the removal of any fixture except in accordance <br />with the provisions of this Section. <br />Upon the request of Borrower, Beneficiary shall deliver, or cause to be delivered, to Borrower, <br />such instruments as are reasonably necessary to confirm the release of removed items of Equipment from <br />the lien and security interest of this Deed of Trust and canceling any security interest with respect thereto, <br />provided that such request is accompanied by a certificate of Borrower to the effect that such release <br />complies in all respects with this Section. <br />Section 2.03. Release of Certain Land. Notwithstanding any other provisions hereof, the <br />parties hereto reserve the right, at any time and from time to time, to amend this Deed of Trust for the <br />purpose of effecting the release of and removal from the lien of this Deed of Trust of (i) any unimproved <br />part of the Premises (on which no Project building or other building or equipment owned by Borrower <br />and essential to the continued operation of the Project is situated) or (ii) any part of the Project or the <br />Premises with respect to which Borrower proposes to convey fee title to a railroad, public utility or public <br />body in order that railroad service, utility services or roads may be provided for the Project, provided that <br />if at the time any such amendment is made any portion of the Bond is outstanding and unpaid, such <br />amendment shall not be effective until and unless there are deposited with Beneficiary the following: <br />(a) Copies of the said amendments to this Deed of Trust; <br />(b) A certificate of Borrower (i) stating that Borrower is not in Default under any of <br />the provisions of this Deed of Trust or the Agreement, (ii) giving an adequate legal description of <br />that portion of the Premises to be released, (iii) stating the purpose for which the release is <br />desired, (iv) requesting such release and (v) approving any necessary amendments to this Deed of <br />Trust; <br />(c) An opinion of independent counsel stating that to the best of its knowledge, <br />Borrower is not in Default under this Deed of Trust or the Agreement; <br />(d) If applicable, a copy of the instrument granting the easement or conveying the <br />portion of the Premises to be released; <br />(e) A certificate of an independent engineer acceptable to Beneficiary dated not <br />more than 60 days prior to the date of the release and stating that, in the opinion of such engineer, <br />(i) the portion of the Premises so proposed to be released is necessary or desirable in order to <br />obtain railroad service, utility services or roads to benefit the Project, or is not otherwise needed <br />for the operation of the Project, and (ii) the release so proposed to be made will not impair the <br />usefulness of the Project as a facility for the purposes for which it was designed and for such <br />purposes as shall be permitted by the Act and will not destroy the means of ingress thereinto and <br />egress therefrom; <br />6 <br />