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rri 1 N C C) 0 r N H CC) T = CJt V PREPARED BY AND WHEN RECORDED, RETURN TO: Kutak Rock LLP 1650 Farnam Street Omaha, Nebraska 68102 Attn: Brian C. Eades, Esq. (402)346 -6000 4847 - 8937 - 5025.4 INTERCREDITOR AGREEMENT PRELIMINARY STATEMENTS CO r. . r . n r c N) Q THIS INTERCREDITOR AGREEMENT ( "Agreement ") dated as of August a 2016 (the "Effective Date "), by and among FARM CREDIT SERVICES OF AMERICA, FLCA ( "Farm Credit "), HENDRIX GENETICS USA, LLC, a Delaware limited liability company ( "Hendrix "), PVIPE, LLC, a Nebraska limited liability company ( "PVIPE "), and acknowledged and agreed by HATCHERY HOLDINGS, LLC, a Delaware corporation, (together with its successors and assigns, including any receiver, trustee or debtor -in- possession, "Borrower "). WHEREAS, Hendrix and Lease Dynamics, LLC, ( "Lease Dynamics ") own 100% of the membership interests in Borrower; WHEREAS, Borrower is the owner of the fee simple interest in and to that certain parcel of real property located in Hall County, Nebraska and more particularly described in Exhibit "A" attached hereto and made a part hereof together with all easements and appurtenant interests, and the buildings, fixtures and improvements on such parcel (collectively, the "Premises "); and WHEREAS, Farm Credit has made a loan to Lease Dynamics in the original principal amount of $7,536,375.00 (the "Farm Credit Loan "). The Farm Credit Loan is secured by that certain Trust Deed and Assignment of Rents dated as of the Effective Date, which was executed by Borrower for the benefit of Farm Credit, encumbering the Premises (the "Farm Credit Deed of Trust "); and WHEREAS, PVIPE has made a loan to the Borrower in the original principal amount of $1,300,000 (the "PVIPE Loan "). The PVIPE Loan is secured by that certain Deed of Trust,