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201304388
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6/6/2013 8:16:47 AM
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6/6/2013 8:16:47 AM
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DEEDS
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201304388
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Recording Requested by <br />and When Recorded Return To: <br />Metropolitan Life Insurance Company <br />10801 Mastin Blvd., Suite 930 <br />Overland Park, KS 66210 <br />(Attn: Michael Sheehy, Esq.) <br />DATE: May 17, 2013. <br />DOCS /1 171851.1 1 <br />RECITALS: <br />el rtt 71 D <br />r <br />i c. <br />W (../1 <br />(1) <br />ABOVE THIS LINE FOR RECORDING INFORMATION ONLY <br />AMENDMENT OF <br />LEASEHOLD DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FILING <br />AND ASSIGNMENT OF LEASES AND RENTS <br />PARTIES: (1) AURORA COOPERATIVE ELEVATOR COMPANY, a Nebraska corporation <br />(2) METROPOLITAN LIFE INSURANCE COMPANY, a New York <br />corporation ( "MetLife "). <br />A. Pursuant to that written Leasehold Deed of Trust, Security Agreement, Fixture Filing and <br />Assignment of Leases and Rents dated as of June 30, 2011, between Aurora Cooperative Elevator <br />Company, a Nebraska corporation ( "Trustor "), as trustor, Drew K. Theophilus, Attorney at Law, as trustee, <br />and MetLife, as beneficiary, recorded in the office of the County Clerk for Hall County, Nebraska on July 1, <br />2011 as Instrument No. 2011 — 04913 and rerecorded on July 27, 2011 as Instrument No. 2011 - 05534 (the <br />"Deed of Trust "), MetLife encumbered certain real property of Trustor, and the rents, issues, and profits <br />therefrom, in order to secure the payment and performance of certain Obligations (as such term is defined <br />in the Deed of Trust); and <br />B. As of the effective date of this Amendment, MetLife made a new loan in the original <br />principal amount of $8,000,000.00 to Trustor (the "New Loan "). <br />C. As of the effective date of this Amendment, Trustor and MetLife have agreed to enter <br />into that certain Amended and Restated Loan Agreement to evidence the terms and conditions of the Loan <br />(defined therein), including the New Loan. <br />D. As a condition to making the New Loan, MetLife required Trustor to enter into this <br />Amendment of Leasehold Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases <br />and Rents (this "Amendment "). <br />E. In order to secure the full and punctual payment and performance of all present and <br />future Obligations, Trustor has agreed to execute and deliver this Amendment and by this Amendment, the <br />parties desire to amend the Deed of Trust as set forth below. <br />
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