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201309515
<br /> This Deed is an absolute and outright grant and conveyance of the Property to the Grantee,
<br /> and is not intended as a mortgage, trust conveyance, security agreement or security interest of any
<br /> kind. The Grantor intends by this Deed to convey to the Grantee all of the Grantor's right, title,
<br /> and interest absolutely in and to the Property (including, without limitation, all equity and right
<br /> and redemption, and right of reinstatement), and the Grantor has unconditionally surrendered
<br /> possession and control of the Property to the Grantee concurrently with the delivery of this Deed.
<br /> In delivering this Deed, the Grantor has acted freely and voluntarily, without any
<br /> misapprehension as to the effect of this Deed and free from any coercion or duress.
<br /> The Grantor fully believes that it is conveying the Property to the Grantee for full, fair and
<br /> adequate consideration.
<br /> Title to the Property is encumbered by the lien of a first priority Fee Simple and Leasehold
<br /> Deed of Trust, Security Agreement, Assignment of Leases, Rents and Profits, Financing Statement
<br /> and Fixture Filing dated as of September 25, 2006 (as amended and supplemented from time to
<br /> time, the "Security Instrument") by Grantor in favor of First American Title Insurance Company,
<br /> as trustee for the benefit of Deutsche Bank Trust Company Americas, as Collateral Agent, and
<br /> recorded with the Register of Deeds for Buffalo County, Nebraska on December 21, 2006 as
<br /> Instrument No. 2006-9710, and with the Register of Deeds for Hall County, Nebraska on October
<br /> 3, 2006 as Instrument No. 0200608869.
<br /> The Grantor hereby conveys title to the Grantee in satisfaction of Grantor's obligations
<br /> with respect to a mortgage debt evidenced by the Financing Documents (as hereinafter described)
<br /> and as a substitute for foreclosure, subject in all respects to the terms and conditions of that certain
<br /> Deed in Lieu of Foreclosure Agreement and Joint Escrow Instructions dated as of March 29, 2013
<br /> (the "Agreement") among the Grantor, BFE Operating Company, LLC, Buffalo Lake Energy,
<br /> LLC, First National Bank of Omaha, as Administrative Agent and Collateral Agent, and the
<br /> Lenders party thereto. The Grantor and the Grantee intend and agree that (i) the Security
<br /> Instrument and the other documents, instruments and agreements evidencing and securing the
<br /> indebtedness secured by the Security Instrument (collectively, the "Financing Documents") shall
<br /> not be extinguished or impaired by the execution, delivery and recordation of this Deed, GO the
<br /> Property shall remain subject to the Security Instrument and the other Financing Documents, it
<br /> being the express intent of the Grantor and the Grantee that the liens and interest in the Property
<br /> under the Security Instrument and the other Financing Documents shall not merge with or into the
<br /> Grantee's interest in the Property under this Deed, or otherwise be impaired in any manner, and
<br /> that such liens and interests shall remain separate, distinct, and independent, and (iii)the holder of
<br /> the Security Instrument shall continue to have and enjoy the right to foreclose against the Property
<br /> under the Security Instrument either by judicial action or power of sale.
<br /> The Grantor has made the foregoing declarations, representations and acknowledgments
<br /> for the protection and benefit of the Grantee, the Grantee's successors and assigns, and all other
<br /> parties that may hereafter acquire any ownership, lien, or other interest of any nature in the
<br /> Property or any portion thereof, and also for the protection and benefit of any title insurer that may
<br /> now or hereafter in any manner insure the condition of title to the Property.
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<br /> 4853-1055-0547.1
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