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<br />failure, refusal or inability, for any reason, to make any sale or to perform any of the trusts herein
<br />declared, or, at the option of the Beneficiary, without cause, the Beneficiary may appoint a
<br />substitute trustee, who shall thereupon succeed to all the estates, titles, rights, powers, and trusts
<br />herein granted to any vested in the Trustee. The instrument of appointment shall be required to
<br />be recorded in the recorder's office(s) in which this Deed of Trust is recorded. If the Beneficiary
<br />is a corporation, such appointment may be made on behalf of such Beneficiary by any person
<br />who is then the president, or a vice- president, assistant vice - president, treasurer, cashier,
<br />secretary, or any other authorized officer or agent of the Beneficiary. In the event of the
<br />resignation or death of any substitute trustee, or such substitute trustee's failure, refusal or
<br />inability to make any such sale or perform such trusts, or, at the option of the Beneficiary,
<br />without cause, successive substitute trustees may thereafter, from time to time, be appointed in
<br />the same manner.
<br />ARTICLE VIII
<br />PROVISIONS APPLICABLE TO THE PIONEER TRAIL GRAIN FACILITY LEASE
<br />8.01 The Pioneer Trail Grain Facility Lease. Trustor shall (i) pay all rents, additional
<br />rents and other sums required to be paid by Trustor, as tenant under and pursuant to the
<br />provisions of the Pioneer Trail Grain Facility Lease, (ii) diligently perform and observe all of the
<br />terms, covenants and conditions of the Pioneer Trail Grain Facility Lease on the part of Trustor,
<br />as tenant thereunder, and (iii) promptly notify Beneficiary of the giving of any notice by the
<br />landlord under the Pioneer Trail Grain Facility Lease to Trustor of any default by Trustor, as
<br />tenant thereunder, and deliver to Beneficiary a true copy of each such notice. Trustor shall not,
<br />without the prior consent of Beneficiary, surrender the leasehold estate created by the Pioneer
<br />Trail Grain Facility Lease or terminate or cancel the Pioneer Trail Grain Facility Lease or
<br />modify, change, supplement, alter or amend the Pioneer Trail Grain Facility Lease, in any
<br />respect, either orally or in writing, and if Trustor shall default in the performance or observance
<br />of any term, covenant or condition of the Pioneer Trail Grain Facility Lease on the part of
<br />Trustor, as tenant thereunder, Beneficiary shall have the right, but shall be under no obligation,
<br />to pay any sums and to perform any act or take any action as may be appropriate to cause all of
<br />the terms, covenants and conditions of the Pioneer Trail Grain Facility Lease on the part of
<br />Trustor to be performed or observed on behalf of Trustor, to the end that the rights of Trustor in,
<br />to and under the Pioneer Trail Grain Facility Lease shall be kept unimpaired and free from
<br />default. If the landlord under the Pioneer Trail Grain Facility Lease shall deliver to Beneficiary a
<br />copy of any notice of default under the Pioneer Trail Grain Facility Lease, such notice shall
<br />constitute full protection to Beneficiary for any action taken or omitted to be taken by
<br />Beneficiary, in good faith, in reliance thereon.
<br />8.02 Subleases. Notwithstanding anything contained in the Pioneer Trail Grain
<br />Facility Lease to the contrary, Trustor shall not further sublet any portion of the Pioneer Trail
<br />Grain Facility without prior written consent of Beneficiary.
<br />8.03 No Merger of Fee and Leasehold Estates-, Releases. So long as any portion of the
<br />Obligations shall remain unpaid, unless Beneficiary shall otherwise consent, the fee title to the
<br />Pioneer Trail Grain Facility and the leasehold estate therein created pursuant to the provisions of
<br />the Pioneer Trail Grain Facility Lease shall not merge but shall always be kept separate and
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