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20�20143�
<br />ASSIGNMENT OF COMMERCIAL LEASEHOLD TRUST DEED, SECURITY
<br />AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING
<br />THIS ASSIGNMENT OF COMMERCIAL LEASEHOLD TRUST DEED,
<br />SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE
<br />FILING (this "Assi nment") dated as of January 23, 2012, by THE TORONTO-DOMINION
<br />BANK, as Master Collateral Agent, with an address at Royal Trust Tower, 77 King Street West,
<br />18 Floor, Toronto, Ontario, Canada MSK 1A2, Attn: Vice President, Loan Syndications-
<br />Agency (Re: Arctic Glacier) ("Assi or"), in favor of CPPIB CREDIT INVESTMENTS INC.,
<br />as successor Master Collateral Agent, with an address at One Queen Street East, Suite 2600,
<br />Toronto, Ontario, Canada MSC 2W5, Attn: Bradley E. Mashinter, Associate, Private Investments
<br />("Assignee").
<br />WHEREAS, reference is made to that certain Third Amended and Restated
<br />lntercreditor Agreement dated as of December 14, ZO11 by and among Assignee, as Senior
<br />Facility Agent, Assignee, as Subordinated Facility Agent, and Assignor, as Master Collateral
<br />Agent (the "Intercreditor Agreement"); and
<br />WHEREAS, reference is made to that certain Assignment and Assumption
<br />Agreement dated as of December 14, 2011 by and among, inte� alios, The Toronto-Dominion
<br />Bank, as an assignor, and CPPIB Credit Investments Inc., as an assignee.
<br />NOW, THEREFORE, in consideration of the sum of TEN AND 00/100
<br />DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of
<br />which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree
<br />as follows:
<br />1. Pursuant to the Intercreditor Agreement, Assignor has resigned all of its rights
<br />and duties as the Master Collateral Agent under the Intercreditor Agreement, and Assignee has
<br />accepted its appointment as the successor Master Collateral Agent under the Intercreditor
<br />Agreement.
<br />2. Assignor hereby assigns, grants, sells, transfers, conveys and sets over to
<br />Assignee and Assignee's successors and/or assigns all of Assignor's right, title, claim and
<br />interest in, to and under that certain Commercial Leasehold Trust Deed, Secu.rity Agreement,
<br />Assignment of Leases and Rents and Fixture Filing (as may be modified, amended, restated or
<br />replaced from time to time, the "Security Instrument"), made by Arctic Glacier Nebraska Inc., an
<br />Iowa corporation, as trustor, for the benefit of Assignor, dated as of April 14, 2010 and recorded
<br />May 3, 2010 in the O�ce of the Register of Deeds of Hall County, Nebraska, as Instrument No.
<br />0201002922, such Security Instrument encumbering the land described on Exhibit A atta.ched
<br />hereto.
<br />3. From and after the date hereof, Assignee, by its acceptance hereof, accepts this
<br />Assignment and assumes and agrees to observe, perform and be bound by all of the terms,
<br />covenants and agreements, conditions and obligations of the Security Instrument required to be
<br />observed or performed by Assignor thereunder.
<br />13102860.2
<br />Grand Island, Hall County, Nebraska
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