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13135953v2
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<br />To the Mortgagee: U.S. Bank National Association
<br /> 60 Livingston Avenue
<br /> EP-MN WS3C
<br /> St. Paul, MN 55107
<br /> Attn: Global Corporate Trust Services
<br />39. Discharge of Lien. If the Mortgagor shall pay and discharge or provide, in a
<br />manner satisfactory to the Mortgagee, for the payment and discharge of the whole
<br />amount of all sums payable hereunder and under the Loan Agreement, the
<br />Indenture and the Bonds, or shall make arrangements satisfactory to the
<br />Mortgagee for such payment and discharge, then and in that case all property,
<br />rights and interest hereby conveyed or assigned or pledged shall revert to the
<br />Mortgagor, and the estate, right, title and interest of the Mortgagee therein shall
<br />thereupon cease, terminate and become void; and this Mortgage, and the
<br />covenants of the Mortgagor contained herein, shall be discharged and the
<br />Mortgagee in such case on demand of the Mortgagor and at the Mortgagor’s cost
<br />and expense, shall execute and deliver to the Mortgagor a proper instrument or
<br />proper instruments acknowledging the satisfaction and termination of this
<br />Mortgage, and shall convey, assign and transfer or cause to be conveyed, assigned
<br />or transferred, and shall deliver or cause to be delivered, to the Mortgagor, all
<br />property, including money, then held by the Mortgagee hereunder.
<br />40. Concerning any Successor Trustee. Every successor Trustee appointed under the
<br />Indenture shall thereupon automatically be and become successor Mortgagee
<br />hereunder and shall execute, acknowledge and deliver to its or his or her
<br />predecessor and also to the Mortgagor an instrument in writing accepting such
<br />appointment hereunder and thereupon such successor, without any further act,
<br />deed or conveyance, shall become fully vested with all the estates, properties,
<br />rights, powers, trusts, duties and obligations of its predecessors hereunder; but
<br />such predecessor shall, nevertheless, on the written request of the successor
<br />Trustee, execute and deliver an instrument transferring to such successor all the
<br />estates, properties, rights, powers and trusts of such predecessor hereunder; and
<br />every predecessor Trustee shall deliver all securities and moneys held by it as
<br />Mortgagee hereunder to its successor. Should any instrument in writing from the
<br />Mortgagor be required by any successor Trustee for more fully and certainly
<br />vesting in such successor the estate, rights, powers and duties hereby vested or
<br />intended to be vested in the predecessor, any and all such instruments in writing
<br />shall, on request, be executed, acknowledged and delivered by the Mortgagor.
<br />The resignation of any Trustee and the instrument or instruments removing any
<br />Trustee and appointing a successor hereunder, together with all other instruments
<br />provided for in this Section, shall be filed or recorded by the successor Trustee in
<br />each recording office where the Mortgage shall have been filed or recorded.
<br />41. Indemnification of the Mortgagee. The Mortgagor agrees to indemnify and save
<br />harmless the Mortgagee not in possession of the Mortgaged Property against any
<br />and all losses, injuries, claims, damages or injuries to persons or property,
<br />demands and expenses, including legal expenses, of whatsoever kind and nature
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