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201203749
<br />CROSS -DEFAULT AND CROSS -COLLATERALIZATION AGREEMENT
<br />WHEREAS, Merrick County Farm LLC; a Nebraska limited liability company (the
<br />"Mortgagor'), executed a promissory note for TWO MILLION TWO HUNDRED EIGHTY
<br />THOUSAND AND NO/100 DOLLARS ($2,280,000.00), dated October 6, 2008 to Metropolitan
<br />Life Insurance Company, a New York corporation ("Metropolitan"), together with a Deed of
<br />Trust, Security Agreement, Fixture Filing and Assignment of Leases and Rents ("Deed of
<br />Trust") dated March 27, 2008 and recorded on April 8, 2008 with the County Clerk of Hamilton
<br />County, Nebraska in Book 247 of Mortgages at Page 35; and recorded on April 7, 2008 with the
<br />County Clerk of Merrick County, Nebraska in Book 175 of Mortgages at Pages 507, as
<br />Instrument No. 200800521, and covering the real estate described on Exhibit "A" attached
<br />hereto and made a part hereof, to secure payment of said promissory note, together with a loan
<br />agreement and other related security documents of even date therewith (collectively, the "Loan A
<br />Documents"). The indebtedness referred to in this paragraph is hereafter referred to as "Loan
<br />A"
<br />WHEREAS, Mortgagor executed a promissory note for SEVEN HUNDRED FIFTY
<br />THOUSAND AND NO/100 DOLLARS ($750,000.00), dated January 12, 2012 to Metropolitan
<br />together with a Deed of Trust dated and recorded on or about January 12, 2012 with the County
<br />Clerk of Howard County, Nebraska, and covering the real estate described on Exhibit "B"
<br />attached hereto and made a part hereof, to secure payment of said promissory note, together with
<br />a loan agreement and other related security documents of even date therewith (collectively, the
<br />"Loan B Documents"). The indebtedness referred to in this paragraph is hereafter referred to as
<br />"Loan B";
<br />WHEREAS, Mortgagor executed a promissory note for TWO HUNDRED NINETY
<br />SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($297,500.00), dated March
<br />8, 2012 to Metropolitan together with a Deed of Trust dated and recorded on or about March 8,
<br />2012 with the County Clerk of Howard County, Nebraska, and covering the real estate described
<br />on Exhibit "C" attached hereto and made a part hereof, to secure payment of said promissory
<br />note, together with a loan agreement and other related security documents of even date therewith
<br />(collectively, the "Loan C Documents"). The indebtedness referred to in this paragraph is
<br />hereafter referred to as "Loan C";
<br />WHEREAS, Mortgagor executed a Promissory Note for THREE HUNDRED FORTY
<br />TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($342,500.00), dated May 4,
<br />2012 to Metropolitan together with a Deed of Trust dated and recorded on or about May 4, 2012,
<br />with the County Clerk of Hall County, Nebraska, and covering the real estate described on
<br />Exhibit "D" attached hereto and made a part hereof, to secure payment of said promissory note,
<br />together with a loan agreement and other related security documents of even date therewith
<br />(collectively, the "Loan D Documents"). The indebtedness referred to in this paragraph is
<br />hereafter referred to as "Loan D";
<br />Bolton Farm - Loan 195618
<br />JM MDAI 1095595 v1
<br />0-0 04/25/2012
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