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201404158
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7/9/2014 2:55:25 PM
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7/9/2014 2:55:25 PM
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201404158
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DATE: July 2 , 2014. <br />Recording Requested by <br />and When Recorded Return To: <br />Metropolitan Life Insurance Company <br />Agricultural Investments <br />10801 Mastin Boulevard, Suite 930 <br />Overland Park, Kansas 66210 <br />Attn: Law Department <br />RECITALS: <br />DOCS/1266810.1 1 <br />ABOVE THIS LINE FOR RECORDING INFORMATION ONLY <br />SECOND AMENDMENT TO LEASEHOLD DEED OF TRUST, SECURITY <br />AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS <br />AND <br />SUBSTITUTION OF TRUSTEE <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 <br />27, 2011 as Instrument No. 2011- 05534, as amended by that certain Amendment of Leasehold Deed of <br />Trust, Security Agreement, Fixture Filing and Assignment of Leases and Rents, recorded in the office of <br />the County Clerk for Hall County, Nebraska on June 5, 2013 as Instrument No. 2013 -4388 (collectively, <br />the "Deed of Trust "), MetLife encumbered certain real property of Trustor, as legally described on Exhibit <br />A attached hereto, and the rents, issues, and profits therefrom, in order to secure the payment and <br />performance of certain Obligations (as such term is defined in the Deed of Trust); and <br />B. As of the effective date of this Second Amendment, MetLife made an additional loan in <br />the original principal amount of $2,000,000.00 to Trustor (the "Additional Loan"). <br />C. As of the effective date of this Second Amendment, Trustor and MetLife have agreed to <br />enter into that certain Second Amendment to Amended and Restated Loan Agreement to evidence the <br />terms and conditions of the Additional Loan. <br />-<o o rn <br />z C=0 C09 <br />r - <br />r b -1: (1) <br />Fj <br />AI ;70 <br />C ` <br />`.. c-.� <br />0 <br />t,\O <br />
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