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200305038 (b) The Trustee may, at its option, resign as trustee hereunder by notice given to the Beneficiary, and such resignation shall be effective on the earlier to occur of (i) the date which is 30 days after the date on which the Trustee gives such notice to the Beneficiary or (ii) the date on which a successor trustee is appointed by the Beneficiary and accepts such appointment. (c) The Beneficiary may, at its option, with or without cause or notice, remove the Trustee, appoint a successor trustee or appoint an additional trustee or trustees (including a separate trustee for each jurisdiction in which the Trust Property is located) hereunder by an instrument in writing executed and acknowledged by the Beneficiary and accepted by such successor or additional trustee and recorded, registered or filed in the real estate records of the jurisdiction in which the Trust Property affected by such instrument is located; and, thereupon, without further act, deed or conveyance, such substitute or additional trustee shall be fully vested with all estate, right, title and interest of its predecessor or co- trustee in, to, under or derived from the Trust Property and all rights, powers, privileges and obligations of such predecessor or co- trustee, with the same effect as if such successor or additional trustee had originally been named as trustee or co- trustee hereunder. The execution, acknowledgement and recording, registration or filing of such an instrument shall be conclusive evidence against the Grantor, the Trustee and all other Persons of the proper removal of the Trustee and substitution or addition of the successor or additional trustee; and, if the Beneficiary or such successor or additional trustee is a corporation, the execution and acknowledgement by an officer of such corporation shall be conclusive evidence against all other Persons of the due authorization, execution and delivery thereof by such corporation. (d) Notwithstanding anything herein to the contrary, the Trustee shall not exercise or waive the exercise of any of its rights, powers or remedies hereunder or otherwise act or refrain from acting under or with respect to this Deed of Trust unless directed to do so by the Beneficiary, and the Trustee shall exercise or waive the exercise of any of its rights, powers or remedies hereunder and otherwise act or refrain from acting under or with respect to this Deed of Trust when and in the manner directed by the Beneficiary, provided that the Trustee (i) shall not be required to follow any direction of the Beneficiary if the Trustee has been advised by counsel that such action would violate applicable law, and (ii) shall not be required to expend or risk its own funds or otherwise incur any financial liability in connection with such action if it has reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. Without limiting the generality of the foregoing, but subject to the provisos in the foregoing clauses (i) and (ii), upon the written request of the Beneficiary, the Trustee shall (A) reconvey any part of the Trust Property to the Grantor, (B) consent in writing to the making of any map or plat thereof, (C) join in the granting of any easement thereon, (D) join in any agreement subordinating the Lien hereof to any other 40 (NY) 04675/ 120 /REAL/NEBRASKA/form.dot.NE.doc