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<br />, ' <br /> <br />200604217 <br /> <br />SECTION 9. Removal of Equipment. The Company may remove and dispose of <br />items of Equipment from the site of the Project as is provided in the Agreement. <br /> <br />SECTION 10. Release of Certain Land. The Issuer and the Purchaser reserve the <br />right at any time and from time to time to (i) release from this Mortgage any unimproved part of the <br />Land (on which neither the Building nor any Equipment as defined in the Agreement is situated) on <br />which the Company then proposes to construct improvements which are not part ofthe Project; (ii) <br />release from this Mortgage any part of the Land with respect to which the Company proposes to <br />grant an easement or convey fee title to a railroad, public utility, or public body in order that railroad, <br />utility services, or roads may be provided for the Project, provided that in either case there shall be <br />deposited with the Purchaser the following: <br /> <br />(a) A written release; <br /> <br />(b) A certified copy ofa resolution of the governing bodyofthe Company <br />(i) stating that the Company is not in default under any of the provisions of the <br />Agreement, the Note, or this Mortgage; (ii) giving an adequate legal description of <br />that portion of the Land involved in such release; (iii) stating the purpose for which <br />the Company desires the same; and (iv) requesting such release; <br /> <br />(c) A statement of the Authorized Company Representative (as defined <br />in the Agreement) regarding such release and stating that the Company is not in <br />default under any of the provisions of the Agreement, any of the Notes and this <br />Mortgage; <br /> <br />(d) If applicable, a copy of the instrument granting the easement or <br />conveying the title to a railroad, public utility, or public body; <br /> <br />(e) If applicable, a complete description of the improvements to be <br />constructed on the Land requested to be released and a detailed statement of the <br />purpose for which they are being constructed; <br /> <br />(f) A certificate of a registered and qualified engineer who is acceptable <br />to the Purchaser, dated not more than sixty (60) days prior to the date ofthe release <br />stating that, in the opinion ofthe person signing such certificate (i) the portion of the <br />Land involved in the release is necessary or desirable for a railroad, utility services, <br />or roads to benefit the Project or is not otherwise needed for the operation of the <br /> <br />10 <br />