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<br /> <br /> <br /> <br /> 201100433 <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 /> (G) 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 /> (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 /> (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 governmental 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 Items. Notwithstanding <br /> any other provision of this Section 4, 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 any one fiscal year; (3) any of the Personal Property that has <br /> been fully depreciated in the financial 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 Section 3(b) for the preceding fiscal year, and in the case of <br /> <br /> -4- <br />