Laserfiche WebLink
DATE: August 28, 2014. <br />DOCS/1289338.1 <br />717 <br />m <br />m <br />C <br />z <br />a <br />m b ?� <br />r5 v <br />xa <br />RECITALS: <br />THIRD AMENDMENT TO LEASEHOLD DEED OF TRUST, SECURITY <br />AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS <br />ABOVE THIS LINE FOR RECORDING INFORMATION ONLY <br />Recording Requested by <br />and When Recorded Return To: 1 <br />Metrop• itan Life Ins ance Company 1 ULNA. C <br />Agricultur. Inves ents ® or Yh G n <br />10801 Mastin •ulevard, Suite 930 Li Y\ C_.. Y\ , , V 75 <br />Overland P . , nsas 66210 <br />Attn: Depa ent <br />PARTIES: (1) AURORA COOPERATIVE ELEVATOR COMPANY, a Nebraska corporation <br />(2) METROPOLITAN LIFE INSURANCE COMPANY, a New York <br />corporation <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, from Aurora Cooperative Elevator Company, a <br />Nebraska corporation ( "Trustor ") to the trustee named therein for the benefit of Metropolitan Life <br />Insurance Company, a New York corporation ( "Beneficiary "), recorded in the office of the County Clerk <br />for Hall County, Nebraska (the "Recorder's Office ") on July 27, 2011 as Instrument No. 2011 - 05535, as <br />amended by that certain Amendment to Leasehold Deed of Trust, Security Agreement, Fixture Filing and <br />Assignment of Leases and Rents, recorded in the Recorder's Office on June 5, 2013 in Instrument No, <br />2013 -4389, as further amended by that certain Second Amendment to Leasehold Deed of Trust, Security <br />Agreement, Fixture Filing and Assignment of Leases and Rents recorded in the Recorder's Office on July 9, <br />2014, in Instrument No. 201404157 (collectively, the "Deed of Trust "), Beneficiary encumbered certain <br />real property of Trustor, as legally described on Exhibit A attached hereto, and the rents, issues, and profits <br />therefrom; and <br />B. As of the effective date of this Third Amendment to Leasehold Deed of Trust, Security <br />Agreement, Fixture Filing and Assignment of Leases and Rents (the "Third Amendment "), Beneficiary <br />made an additional loan in the original principal amount of $8,000,000.00 to Trustor (the "Supplemental <br />Loan "). <br />C. As of the effective date of this Third Amendment, Trustor and Beneficiary have agreed to <br />enter into that certain Third Amendment to Amended and Restated Loan Agreement to evidence the terms <br />and conditions of the Supplemental Loan. <br />D. In order to secure the full and punctual payment and performance of all present and <br />future obligations of Trustor to Beneficiary, Trustor has agreed to execute and deliver this Third <br />