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This instrument was drafted by: Farm Credit Leasing Services Corporation 600 Highway 169 S, Suite 300 Minneapolis, MN, 55426 -1219 Dated as of: April 03, 2013 Landlord and Mortgagee Waiver /Easement - Facility Lease (02/28/2013) [The space above this line is reserved for recording information] 201303623 Landlord and Mortgagee Waiver /Easement 11111111111111111111111111 (Facility Lease) Return to: CSC Document Recording P.O. Box 3008 Tallahassee, FL 32315 -3008 Contract No: 001- 0037899 -000 This Landlord and Mortgagee Waiver /Easement ( "Agreement ") is entered into by and among the following parties: Lessor: Farm Credit Leasing Services Corporation Lessee(s): Ry -Max Farms, Inc. Owner of Land: Kurt M. Koepp WHEREAS, the undersigned Lessee, Owner of Land, and/or Mortgagee hold certain interests in the land legally described in Exhibit B hereto (the "Property "); and WHEREAS, Lessor is the owner of the building(s) and /or structure(s) and related fixtures, all as described in Exhibit A hereto (collectively, the "Facility ") located on the Property, which Facility is being leased by Lessor to Lessee pursuant to a Facility Lease Agreement for the Contract Number indicated above (the "Lease "). NOW THEREFORE, in consideration of the mutual benefits to be derived by the parties hereto from the making of such Lease, the undersigned parties ( "Parties ") hereby agree to the terms contained below. 1. Ownership of the Facility shall be and remain severed from that of the Property; 2. Title to and ownership of the Facility shall at all times be and remain exclusively with the Lessor, and no interest in the Property shall attach to the Facility; 3. The Facility shall not be subject to the lien of any mortgage, deed of trust, secured transaction or instrument heretofore or hereafter arising against the Property; 4. Lessor, its agents and assigns, shall have full access upon the Property to inspect, repair, rebuild, disassemble, or remove the Facility without further notice to, or further permission of, charge for, or obligation to, the Parties, and in the event of default by Lessee in the payment or performance of any of Lessee's obligations and liabilities to the Lessor, Lessor may, at its option, remove the Facility or any part thereof from the Property without objection, delay, hindrance or interference by the Parties, and in such case, the Parties (other than the Lessor) will make no claim or demand whatsoever against the Facility; 5. The Facility may remain on the Property without charge throughout the term of the Lease and thereafter so long as Lessor (and /or Lessor's assigns) retains an interest in the Facility; 6. The Owner of the Land, for valuable consideration does hereby grant Lessor and its assigns an easement over the Contract #001 - 0037899 -000 Page 1 of 5