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200501885 applicable (including laws regarding usury), by the laws of the state in which this Deed of Trust is recorded and the rules and regulations promulgated thereunder. 7.10 RECONVEYANCE OR RELEASE. The Trustee named in this Deed of Trust securing the Note, or any successor Trustee thereunder, may charge such fees for each full or partial reconveyance or release of this Deed of Trust as Trustees then customarily charge for such services, and as are authorized or not prohibited by applicable law. 7.11 SUBSTITUTION OF TRUSTEE. Beneficiary may, from time to time, by instrument in writing substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed and acknowledged by Beneficiary and recorded in the office of the recorder of the county or counties where such Subject Property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee's predecessor, succeed to all the title, estate, rights, powers and duties as Trustee. Such instrument shall contain the name and address of the Successor Trustee. The procedure herein provided for substitution of Trustee shall not be exclusive of other provisions for substitution provided by law. 7.12 TRUSTEE. Except as required by law, Trustee is not obligated to notify any party hereto of pending sale under any other instrument or of any action or proceeding in which Grantor, Beneficiary or Trustee shall be a party. 7.13 REQUEST FOR NOTICES. Grantor requests that copies of any notice of default and notice of sale hereunder be sent to Grantor at Grantor's address stated in Section 7.15 below. 7.14 INCORPORATION. Exhibit A and Schedule 1, and any other exhibits and schedules, all as attached, are incorporated into this Deed of Trust by this reference. 7.15 NOTICES. All notices, demands or other communications required or permitted to be given pursuant to the provisions of this Deed of Trust shall be in writing and shall be considered as properly given if delivered personally or sent by first class United States Postal Service mail, postage prepaid, except that notice of Default may be sent by certified mail, return receipt requested, or by Overnight Express Mail or by overnight commercial courier service, charges prepaid. Notices so sent shall be effective three (3) days after mailing, if mailed by first class mail, and otherwise upon receipt at the address set forth below; provided, however, that non - receipt of any communication as the result of any change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such communication. For purposes of notice, the address of the parties shall be: Grantor: 281 & Old Potash LLC, a Nebraska limited liability company 23 #1060655 A