|
n
<br />m
<br />n
<br />Document Prepared By
<br />Eric M. Roberson
<br />Chapman and Cutler
<br />111 West Monroe Street
<br />Chicago, Illinois 60603
<br />J /AF=TER RE:CORDINO, MAIL TO:
<br />CHICAGO TITLE INSURANCE CO.
<br />ATTN: LORETTA KARP
<br />171 N. CLARK ST - MLC: 048P
<br />CHICAGO, IL 60601
<br />M
<br />-n
<br />D
<br />N G
<br />T
<br />= D
<br />rn =
<br />X a
<br />i
<br />SPACE ABOVE THIS LINE RESERVED FOR
<br />RECORDER'S USE ONLY
<br />FIRST SUPPLEMENT TO INDENTURE OF MORTGAGE, DEED OF TRUST AND
<br />�435� SECURITY AGREEMENT
<br />This First Supplement to Indenture of Mortgage, Deed of Trust and Security Agreement
<br />(this "Supplement ") is dated as of June 30, 2000, by and among NATIONAL BY- PRODUCTS,
<br />INC., an Iowa corporation, with its mailing address at P.O. Box 615, Des Moines, Iowa 50303,
<br />(hereinafter referred to as the "Grantor"), Chicago Title Insurance Company, a Missouri
<br />corporation, with a mailing address of 222 South Ninth Street, Suite 860, Minneapolis,
<br />Minnesota 55402 (the "Trustee"), and HARRIS TRUST AND SAVINGS BANK, an Illinois banking
<br />corporation with its mailing address at 111 West Monroe Street, Chicago, Illinois 60603
<br />("Harris"), for itself and as agent hereunder for the Lenders hereinafter defined (Harris acting as
<br />such agent and any successor or successors to Harris in such capacity being hereinafter referred
<br />to as the "Beneficiary");
<br />WITNESSETH THAT:
<br />WHEREAS, the Grantor did heretofore execute and deliver to the Beneficiary that certain
<br />Indenture of Mortgage Deed of Trust and Security Agreement dated as of December 14, 1994
<br />recorded with the Recorder of Hall County, Nebraska as Document No. 94- 110060 (as may be
<br />amended and supplemented from time to time, the "Indenture");
<br />WHEREAS, the Indenture currently secures, among other things, (i) a revolving credit (the
<br />"Revolving Credit ") made available to Grantor pursuant to that certain U.S. $60,250,000 Credit
<br />Agreement dated as of December 14, 1994 by and among the Grantor, the lenders party thereto
<br />(the "Lender" and individually a "Lender ") and Harris, as Agent for such lenders (such Credit
<br />Agreement, as heretofore amended being referred to as the "Prior Credit Agreement"), in an
<br />aggregate principal amount not to exceed $15,000,000 and (ii) a term credit (the "Term Credit")
<br />made available to Grantor pursuant to the Prior Credit Agreement and (iii) to issue letters of
<br />1092173.01.02
<br />1007046
<br />7/12/00
<br />cc-)) cn 35
<br />°
<br />CD
<br />�, fy
<br />C-_ b
<br />N
<br />PT't
<br />CD
<br />rn
<br />rn
<br />°
<br />y
<br />r t n ., O
<br />U,
<br />r
<br />cn
<br />F—`
<br />D
<br />C�
<br />cv
<br />cr)
<br />z
<br />0
<br />200006290
<br />SPACE ABOVE THIS LINE RESERVED FOR
<br />RECORDER'S USE ONLY
<br />FIRST SUPPLEMENT TO INDENTURE OF MORTGAGE, DEED OF TRUST AND
<br />�435� SECURITY AGREEMENT
<br />This First Supplement to Indenture of Mortgage, Deed of Trust and Security Agreement
<br />(this "Supplement ") is dated as of June 30, 2000, by and among NATIONAL BY- PRODUCTS,
<br />INC., an Iowa corporation, with its mailing address at P.O. Box 615, Des Moines, Iowa 50303,
<br />(hereinafter referred to as the "Grantor"), Chicago Title Insurance Company, a Missouri
<br />corporation, with a mailing address of 222 South Ninth Street, Suite 860, Minneapolis,
<br />Minnesota 55402 (the "Trustee"), and HARRIS TRUST AND SAVINGS BANK, an Illinois banking
<br />corporation with its mailing address at 111 West Monroe Street, Chicago, Illinois 60603
<br />("Harris"), for itself and as agent hereunder for the Lenders hereinafter defined (Harris acting as
<br />such agent and any successor or successors to Harris in such capacity being hereinafter referred
<br />to as the "Beneficiary");
<br />WITNESSETH THAT:
<br />WHEREAS, the Grantor did heretofore execute and deliver to the Beneficiary that certain
<br />Indenture of Mortgage Deed of Trust and Security Agreement dated as of December 14, 1994
<br />recorded with the Recorder of Hall County, Nebraska as Document No. 94- 110060 (as may be
<br />amended and supplemented from time to time, the "Indenture");
<br />WHEREAS, the Indenture currently secures, among other things, (i) a revolving credit (the
<br />"Revolving Credit ") made available to Grantor pursuant to that certain U.S. $60,250,000 Credit
<br />Agreement dated as of December 14, 1994 by and among the Grantor, the lenders party thereto
<br />(the "Lender" and individually a "Lender ") and Harris, as Agent for such lenders (such Credit
<br />Agreement, as heretofore amended being referred to as the "Prior Credit Agreement"), in an
<br />aggregate principal amount not to exceed $15,000,000 and (ii) a term credit (the "Term Credit")
<br />made available to Grantor pursuant to the Prior Credit Agreement and (iii) to issue letters of
<br />1092173.01.02
<br />1007046
<br />7/12/00
<br />
|