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1111111111111111111111111111111111 This instrument was drafted by: *Farm Credit Leasing Services Corporation 600 Highway 169 S, Suite 300 Minneapolis, MN, 55426 -1219 Dated as of: Septempber 03, 2013 Landlord and Mortgagee Waiver/Easement - Facility Lease (08/02/2013) [The space above this line is reserved for recording information] Landlord and Mortgagee Waiver /Easement (Facility Lease) Contract No: 001- 0038426 -000 Return to: red- Document Recording Services 01V 1201 Hayes St. Suite 103 Tallahassee, FL 32301 This Landlord and Mortgagee Waiver/Easement ( "Agreement ") is entered into by and among the following parties: Lessor: Farm Credit Leasing Services Corporation* Lessee(s): Willoughby Farms, Inc. Owner of Land: John Willoughby Second Owner of Land: Joyce Willoughby 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; Contract #001 - 0038426 -000 Page 1 of 5