|
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY
<br />AGREEMENT AND FIXTURE FILING
<br />201703609
<br />THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY
<br />AGREEMENT AND FIXTURE FILING ( "Security Instrument "), made as of May 31, 2017, is
<br />granted by ARS NEBRASKA, LLC, a Delaware limited liability company, with offices at 737
<br />Eleanor Industrial Park, Eleanor, West Virginia 25070 ( "Grantor "), in favor of BRANDON S.
<br />CONNICK, an individual with offices at 104 N. Wheeler, Grand Island, Nebraska 68802
<br />( "Trustee "), for the benefit of MADISON CAPITAL FUNDING LLC, a Delaware limited liability
<br />company, with offices at 30 South Wacker Drive, Suite 3700, Chicago, Illinois 60606, as Agent
<br />for itself and on behalf of the Lenders (as hereinafter defined) and in such capacity, as beneficiary,
<br />grantee, assignee and secured party (collectively with its successors or assigns, "Grantee ").
<br />Grantee and Trustee are the grantees hereunder for indexing purposes by the clerk of court.
<br />I
<br />RECITALS
<br />WHEREAS, Grantor is the owner of that certain real property situated in City of Grand
<br />Island in Hall County in the State of Nebraska (the "State "), as more fully described in Exhibit A
<br />attached hereto and made a part hereof (the "Premises ");
<br />WHEREAS, on March 1, 2017, Appalachian Railcar Services, LLC, a West Virginia
<br />limited liability company ( "ARS "), Appalachian Tank Car Services, LLC, a West Virginia limited
<br />liability company ( "ATS "), ARS Nebraska, LLC, a Delaware limited liability company ( "ARS
<br />NE "), Mountaineer Distributors, LLC, a West Virginia limited liability company ( "Mountaineer ";
<br />ARS, ATS, ARS NE and Mountaineer are each, a "Borrower" and, collectively, the "Borrowers "),
<br />entered into that certain Credit Agreement (as the same may be amended, restated, supplemented
<br />or otherwise modified from time to time, the "Credit Agreement ") with Grantee, and certain other
<br />financial institutions party to the Credit Agreement (collectively, and together with each of their
<br />respective successors and/or assigns, the "Lenders "), pursuant to which loans and other financial
<br />accommodations were extended to Borrower (the "Loans ");
<br />WHEREAS, the interest rates applicable to the Loans are set forth in the Credit
<br />Agreement and may be variable and adjust from time to time pursuant to the terms thereof;
<br />WHEREAS, pursuant to Section 6.10 of the Credit Agreement, Grantee and the Lenders
<br />are requiring that Grantor grant to Grantee, for the benefit of the Lenders, a security interest in and
<br />first priority mortgage lien on the Property to secure the its obligations under the Credit
<br />Agreement, including, without limitation, the Obligations (as defined in the Credit Agreement)
<br />(the "Obligations "); and
<br />WHEREAS, capitalized terms used herein without definitions shall have the meanings
<br />assigned to such terms in the Credit Agreement.
<br />NAI- 1502659666v3
<br />
|