|
201309549
<br /> Loans, all such other amounts,together with interest thereon, and all such other obligations and commitments being
<br /> collectively referred to herein as the "Secured Indebtedness"); and in consideration of the MBL's entering into the
<br /> MBL Loan Agreement, FNBO's entering into the FNBO Loan Agreement, and other good and valuable
<br /> consideration, the receipt and sufficiency of which are hereby acknowledged, the Trustor does hereby GRANT,
<br /> BARGAIN, SELL AND CONVEY unto the Trustee, in trust, WITH POWER OF SALE and right of entry and
<br /> possession, for the benefit of the Beneficiary, its successors and assigns, forever, and GRANTS A SECURITY
<br /> INTEREST to the Trustee, in trust, WITH POWER OF SALE, for the benefit of the Beneficiary, its successors and
<br /> assigns, in the following properties (all of the following being hereafter collectively referred to as the "Trust
<br /> Property"):
<br /> A. Real Property
<br /> All the tracts or parcels of real property lying and being in the County of Buffalo, State of Nebraska, or the
<br /> County of Hall, State of Nebraska(the "Land"),all as more fully described in Exhibit A-1 attached hereto and made
<br /> a part hereof, and the Grain Facility Lease(the "Cargill Lease")dated November 22,2013, by and between Cargill,
<br /> Incorporated, a Delaware corporation ("Cargill"), covering the land more fully described in Exhibit A-2 attached
<br /> hereto and made a part hereof(the "Cargill Land") and certain improvements, equipment and personal property
<br /> thereon, together with all the estates, rights, title, and interest, including any after-acquired title or reversion, in and
<br /> to the Land and the Cargill Lease and in and to lands lying in any and all streets, lanes, alleys, passages and roads
<br /> adjoining the Land and the Cargill Lease, and together with all buildings, structures, improvements, facilities,
<br /> fixtures, annexations, access rights, easements, rights of way or use, servitudes, licenses, tenements, hereditaments,
<br /> appurtenances,minerals,mineral rights, water and water rights, now or hereafter belonging or pertaining to the Land
<br /> or leased by Trustor pursuant to the Cargill Lease, including any after-acquired title, franchise or license and
<br /> reversion and reversions and remainder and remainders thereof and also all the estate,property, claim, right, title or
<br /> interest now-owned or hereafter acquired by the Trustor in or to the Land or any part thereof;
<br /> B. Improvements
<br /> All buildings and improvements of every kind and description now or hereafter erected and placed on the Land or the
<br /> Cargill Land, including,without limitation,the Facility(collectively,the"Improvements");
<br /> C. Personal Property
<br /> All buildings, structures, equipment, machinery, fixtures, improvements, building supplies and materials and
<br /> personal property now or hereafter attached to, located on, placed in or used or usable in connection with any
<br /> present or future use or operations of the Land, the Cargill Land, or leased pursuant to the Cargill Lease, any
<br /> Improvements,or any part thereof;
<br /> D. Leases,Rents,Issues and Profits
<br /> All existing and future leases, subleases, subtenancies, licenses, occupancy agreements and concessions (the
<br /> "Leases") relating to the use and enjoyment of all or any part of the Land, Improvements, or the Cargill Lease and
<br /> any and all guaranties and other agreements relating to or made in connection with any of such Leases and all rents,
<br /> income, revenues, prepayments, security deposits, tax, insurance and replacement reserve deposits, receipts,
<br /> termination, cancellation, and option payments, royalties, profits, issues, service reimbursements, fees, accounts
<br /> receivables, and revenues from the Land, Improvements, and/or the Cargill Lease from time to time accruing under
<br /> the Leases(the "Rents");
<br /> E.Judgments and Award
<br /> Any and all judgments, awards of damages (including but not limited to severance and consequential
<br /> damages), payments, proceeds, settlements or other compensation heretofore or hereafter made, including interest
<br /> thereon, and the right to receive the same, as a result of, in connection with, or in lieu of(i) any taking of the Trust
<br /> Property or any part thereof, including any temporary taking, change of grade, or taking of access, under the power
<br /> of eminent domain, either temporarily or permanently, (ii) any change or alteration of the grade of any street, and
<br />
|