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111 1 III II 1 I IIIIII 111 111 111 11 111111 <br />This instrument was drafted by: <br />Farm Credit Leasing Services Corporation <br />600 Highway 169 S, Suite 300 <br />Minneapolis, MN, 55426 -1219 <br />Dated as of: December 20, 2013 <br />rsel <br />—rf <br />CCI <br />cn <br />[The space above this line is reserved <br />ca <br />rn <br />rri <br />r- <br />r <br />CP <br />Coe <br />d for recording information] <br />Landlord and Mortgagee Waiver LQ 0 •% <br />(Facility Lease) <br />Contract No: 001- 0037899 -000 <br />Return to: <br />uuC RECORDING SERVICES <br />1201 Hays St <br />Suite 103 <br />Tallahassee, FL 32301 <br />This Landlord and Mortgagee Waiver ( "Agreement ") is entered into by and among the following <br />parties: <br />Lessor: Farm Credit Leasing Services Corporation <br />Lessee(s): Ry -Max Farms, Inc. <br />Owner of Land: Kurt M. Koepp <br />WHEREAS, the undersigned Lessee, Owner of Land, and/or Mortgagee hold certain interests in <br />the land legally described in Exhibit B hereto (the "Property"); and <br />WHEREAS, <br />Lessor and Lessee have entered into a certain Interim Funding Agreement for the Contract <br />Number indicated above, by which Lessor is having certain facility(ies), building(s) and/or <br />structure(s) and related fixtures, all as described in Exhibit A hereto (collectively, the "Facility "), <br />constructed and installed on the Property for lease to Lessee in accordance with a Facility Lease <br />Agreement (the "Lease ") executed by Lessor and Lessee, or anticipated to be executed by Lessor <br />and Lessee, upon completion of the Facility. <br />NOW THEREFORE, in consideration of the mutual benefits to be derived by the parties hereto <br />from the making of such Lease, the undersigned parties ( "Parties ") hereby agree to the terms <br />contained below. <br />1. Ownership of the Facility shall be and remain severed from that of the Property; <br />2. Title to and ownership of the Facility shall at all times be and remain exclusively with the <br />Lessor, and no interest in the Property shall attach to the Facility; <br />3. The Facility shall not be subject to the lien of any mortgage, deed of trust, secured transaction <br />Landlord and Mortgagee Waiver- Facility Lease (10101/2013) Contract 11001-0037899000 Pape 1 of 5 <br />--4 <br />m <br />m <br />0 <br />rn <br />0 <br />