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200110903
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Last modified
10/14/2011 11:36:56 AM
Creation date
10/20/2005 10:49:56 PM
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DEEDS
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200110903
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200110903 <br />Attention: Chief Financial Officer <br />(b) Name and Address of Secured Party: <br />FLEET NATIONAL BANK, as Administrative Agent <br />One Federal Street <br />Boston, Massachusetts 02110 <br />Attention: Steve Curren <br />(c) This document covers goods which are or are to become fixtures. <br />ARTICLE X <br />Provisions as to Trustee <br />SECTION 10.01. Trustee's Appointment. Trustee may resign by an <br />instrument in writing addressed to Beneficiary, or Trustee may be removed at any time with or <br />without cause by an instrument in writing executed by Beneficiary. In case of the death, <br />resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it <br />desirable to appoint a substitute or successor Trustee to act instead of Trustee herein named or <br />any substitute or successor Trustee, then Beneficiary shall have the right and is hereby authorized <br />and empowered to appoint a successor Trustee, or a substitute Trustee, without other formality <br />than appointment and designation in writing executed by Beneficiary (and recording of such <br />designation in the appropriate recording office), and the authority hereby conferred shall extend <br />to the appointment of other successor and substitute Trustees successively until the Secured <br />Obligations have been paid in full or until the Trust Estate is sold hereunder. Such appointment <br />and designation by Beneficiary shall be full evidence of the right and authority to make the same <br />and of all facts therein recited. If Beneficiary is a corporation or a national banking association <br />and such appointment is executed in its behalf by an officer of such corporation or national <br />banking association, such appointment shall be conclusively presumed to be executed with <br />authority and shall be valid and sufficient without proof of any action by the board of directors or <br />any superior officer of the corporation or national banking association. Upon the making of such <br />appointment and designation, all of the estate and title of Trustee in the Trust Estate shall vest in <br />the named successor or substitute Trustee and it shall thereupon succeed to and shall hold, <br />possess and execute all the rights, powers, privileges, immunities and duties herein conferred <br />upon Trustee; but, nevertheless, upon the written request of Beneficiary or of the successor or <br />substitute Trustee, such Trustee ceasing to act shall execute and deliver an instrument <br />transferring to such successor or substitute Trustee all of the estate and title in the Trust Estate of <br />Trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties <br />herein conferred upon Trustee, and shall duly assign, transfer and deliver any of the properties <br />and moneys held by said Trustee hereunder to said successor or substitute Trustee. All <br />references herein to Trustee shall be deemed to refer to Trustee (including any successor or <br />substitute appointed and designated as herein provided) from time to time acting hereunder. <br />Grantor hereby ratifies and confirms any and all acts which Trustee herein named or his <br />NYDOCS03/596673.1 32 HALL COUNTY, NEBRASKA <br />
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