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201605357 <br />Security Agreement, Assignment of Rents and Leases and Fixture Filing dated as of the <br />Effective Date, which was executed by Borrower for the benefit of PVIPE, encumbering the <br />Premises (the "PVIPE Deed of Trust "); and <br />WHEREAS, Hendrix has made a loan to the Borrower in the original principal amount of <br />$6,166,125 (the "Hendrix Loan "). The Hendrix Loan is secured by that certain Deed of Trust, <br />Security Agreement, Assignment of Rents and Leases and Fixture Filing dated as of the <br />Effective Date, which was executed by Borrower for the benefit of Hendrix, encumbering the <br />Premises (the "Hendrix Deed of Trust "). For purposes of this Agreement, (a) the Farm Credit <br />Loan, the PVIPE Loan and the Hendrix Loan may be referred to herein, individually, as a <br />"Loan" and, collectively, as the "Loans" and (b) the Farm Credit Deed of Trust, the PVIPE <br />Deed of Trust and the Hendrix Deed of Trust may be individually referred to herein as a "Deed <br />of Trust" and collectively referred to herein as, the "Deeds of Trust "; and <br />WHEREAS, Farm Credit, PVIPE and Hendrix (each, a "Lender" and collectively, the <br />"Lenders ") desire to set forth their agreement as to certain of their respective rights against <br />Borrower with respect to their respective security and priority positions in the Joint Collateral (as <br />such term is hereinafter defined). <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the mutual promises contained herein and for <br />other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />2. Notwithstanding the time, place, order of execution or recordation of the Deeds of <br />Trust or the method of creation, attachment or perfection of the respective liens granted pursuant <br />thereto or the invalidity, unenforceability, avoidability or recharacterization of the liens granted <br />pursuant thereto, any terms or provisions of the Deeds of Trust to the contrary, or any law, rule <br />or regulation of any applicable governmental body to the contrary, the Lenders hereby confirm <br />and agree that: <br />4847 - 8937 - 5025.4 <br />1. The Lenders hereby acknowledge and consent to the following: <br />a. Pursuant to the Farm Credit Deed of Trust, Farm Credit has been <br />granted a lien on, among other things, the Premises and other collateral more <br />particularly described in the Farm Credit Deed of Trust (the "Farm Credit <br />Collateral "); <br />b. Pursuant to the PVIPE Deed of Trust, PVIPE has been granted a <br />lien on, among other things, the Premises and other collateral more particularly <br />described in the PVIPE Deed of Trust (the "PVIPE Collateral"); <br />c. Pursuant to the Hendrix Deed of Trust, Hendrix has been granted a <br />lien on, among other things, the Premises and other collateral more particularly <br />described in the Hendrix Deed of Trust (the "Hendrix Collateral ") (the Farm <br />Credit Collateral, PVIPE Collateral and the Hendrix Collateral are collectively <br />referred to herein as, the "Joint Collateral"). <br />2 <br />