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1. Definitions. Unless otherwise defined herein, all capitalized terms shall have the meanings set forth in the Agreement. 2. Grant of Option. Upon and subject to the terms and conditions set forth hereinafter and in the Agreement, Optionor hereby grants and sells to Optionee, and Optionee hereby accepts, the exclusive option to lease the Option Premises (the "Option ") during the period (the "Option Term ") commencing on the date hereof and continuing until the earliest to occur of: (a) if the Facility Lease has not been executed, 120 months from the Effective Date; (b) if the Facility Lease has been executed, the date that is 90 days after the expiration or earlier termination of the Facility Lease in accordance with its terms (without default thereunder); and (c) if the Facility Lease has been executed, the date on which Optionor (or other lessee under the Facility Lease) duly closes upon its option to purchase the Facility pursuant to the Facility Lease. 3. Exercise of Option. The Option may be exercised by Optionee giving written notice of exercise of the Option (a "Notice of Exercise of Option ") to Optionor at any time prior to the end of the Option Term. If Optionee fails to give such notice prior to the end of the Option Term, the option shall lapse. Such notice may be recorded in the real property records of the county where the Option Premises is located. 4. Term of Ground Lease. The term of the Ground Lease shall commence on the date specified in the Notice of Exercise of Option and shall expire 30 years thereafter, provided that Optionee, at its option, may elect to extend the term of the Ground Lease for two (2) successive periods of five (5) years each, each such period to commence upon the expiration of the initial term or first extended term, as the case may be. 5. Intentionally Omitted. 201804442 6. Possession Transfer. In the event that Optionee should take possession of the Facility or elect to exercise the Option for any reason, including by default under or expiration of the Facility Lease or the Ground Lease, and Optionee's operation of the Facility for its intended purposes or Optionee's lease of the Option Premises would violate applicable law prohibiting corporations from leasing agricultural land, Optionee may use the Facility and the Option Premises only for necessary maintenance and upkeep of the Facility and shall, as expeditiously as is practical (and consistent with protecting Optionee's investment in the Facility), sell and assign its rights in the Facility, the Agreement and/or the Ground Lease to a person or entity who may, in accordance with law, operate the Facility for its intended purposes and lease the Option Premises in a manner that does not violate applicable law. 7. Facility. (i) Ownership of the Facility shall remain severed from the Option Premises, (ii) title and ownership of the Facility shall remain with Optionee and no interest in the Option Premises shall attach to the Facility; (iii) the Facility shall not be subject to the lien of any secured transaction or instrument heretofore or hereafter arising against the Option Premises or any other land or structure on which the Facility is placed; (iv) Optionee, its agents and assigns, shall have full access upon the Option Premises to inspect, repair, rebuild, 001- 0095670 -000 2