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<br />200602634 <br /> <br />(5) Record of Released Property. An up~to-date record of property released from the <br />lien of this Deed of Trust, which list shall identify such Released Property by description, serial <br />number or other particular identifying designation. <br /> <br />(6) Documents of Conveyance. A supplement to this Deed of Trust and/or other <br />documents reasonably requested by, and in form satisfactory to, the Deed Trustee and the Lender <br />necessary to subject the Substituted Property to the terms of the Loan Agreement and the lien and <br />security interest created by this Deed of Trust. <br /> <br />(7) Opinion of Counsel. An opinion of counsel to the Grantor, addressed to the Deed <br />Trustee and the Lender to the effect that: <br /> <br />(A) The release of the property requested by the Grantor is authorized under <br />the Loan Agreement and this Deed of Trust; <br /> <br />(B) The Substituted Property is subject to the terms of the Loan Agreement <br />and this Deed of Trust and to the lien and security interests created by this Deed of Trust, <br />subject only to Permitted Encumbrances; <br /> <br />(C) The execution and delivery of the requested release and the acceptance <br />of the Substituted Property will not violate any provision of the Loan Agreement or this <br />Deed of Trust, and all necessary action required to be taken by the Grantor, the Deed <br />Trustee, and the Lender to effect the release of the Released Property and the conveyance <br />of the Substituted Property has been taken; <br /> <br />(D) The supplement to this Deed of Trust and all other documents required to <br />effect the release of the Released Property and the substitution of the Substituted Property <br />have been duly authorized, executed and delivered and are binding upon the parties <br />executing and delivering the same in accordance with their respective terms; and <br /> <br />(E) To the best of the knowledge of Grantor's counsel, all required permits <br />and authorizations of all federal, state and local govenunental bodies and agencies have <br />been granted, or that no such permits or authorizations, other than those granted, are <br />required. <br /> <br />(b) Release by Reason of Error or Mistake and of Certain Small/terns. Notwithstanding <br />any other provision of this section, the Deed Trustee, upon request of the Borrower or the Lender, may <br />consent to remove from the lien and security interest created by this Deed of Trust: (1) any Property that <br />has been subjected thereto by reason of an error or mistake, if the Grantor files with the Deed Trustee and <br />the Lender notice of its intention to remove such property at least 10 business days (excluding holidays <br />where the Deed Trustee is closed for business) prior to removing the property; (2) any of the tangible <br />Personal Property having an original per unit cost aggregating not more than 2% of the net book value of <br />the Grantor's major movable equipment in anyone fiscal year; (3) any of the Personal Property that has <br />been fully depreciated in the fmancial records of the Grantor; and (4) Personal Property acquired after the <br />date of issuance of the Bond that was purchased with funds derived from sources other than the proceeds <br />of the Bond. Not later than 120 days after the last day of each fiscal year of the Grantor, the Grantor shall <br />file with the Deed Trustee and the Lender a schedule setting out in reasonable detail a description of the <br />Property so removed pursuant to this subsection for the preceding fiscal year, and in the case of Property <br /> <br />-4- <br />