Laserfiche WebLink
Document Prepared By <br />David M. Pederson <br />Chapman and Cutler LLP <br />1 1 1 West Monroe Street <br />Chicago, Illinois 60603�p <br />Lexis -A e*5 <br />Corporation Service Company <br />P.O. Box 2969 <br />Springfield, IL 62708 <br />r1 i n <br />CD r <br />t� <br />c,) <br />N <br />M <br />F—' <br />0 <br />co <br />C-) u) <br />O -4 <br />C T�- <br />rn <br />o T <br />-n <br />r— n <br />D <br />Cn <br />U) <br />CD rrl <br />N <br />CD <br />o CL <br />s &�,' <br />CD --- <br />-�] �, <br />co 2 <br />--3 B <br />s m <br />SPACE ABOVE THIS LINE RESERVED FOR �! <br />RECORDER'S USE ONLY <br />SECOND SUPPLEMENT TO INDENTURE OF MORTGAGE, <br />DEED OF TRUST AND SECURITY AGREEMENT <br />This Second Supplement to Indenture of Mortgage, Deed of Trust and Security <br />Agreement (this "Supplement ") is dated as of July 2, 2004, by and among NATIONAL BY- <br />PRODUCTS, LLC, an Iowa limited liability company (as successor by merger to National By- <br />Products, Inc., an Iowa corporation), with its mailing address at P.O. Box 615, Des Moines, Iowa <br />50303, (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 <br />supplemented by that certain First Supplement to Indenture of Mortgage, Deed of Trust and <br />Security Agreement dated as of June 30, 2000 recorded with the Recorder of Hall County, <br />Nebraska as Document No. 0200006290, (as may be further amended and supplemented from <br />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 Amended and Restated <br />Credit Agreement dated as of June 30, 2000 by and among the Grantor, the lenders party thereto <br />1696267.01.04 <br />1007046/D M P <br />D <br />M <br />= <br />M CA <br />C <br />Z <br />n <br />� <br />N <br />GA <br />s <br />r1 i n <br />CD r <br />t� <br />c,) <br />N <br />M <br />F—' <br />0 <br />co <br />C-) u) <br />O -4 <br />C T�- <br />rn <br />o T <br />-n <br />r— n <br />D <br />Cn <br />U) <br />CD rrl <br />N <br />CD <br />o CL <br />s &�,' <br />CD --- <br />-�] �, <br />co 2 <br />--3 B <br />s m <br />SPACE ABOVE THIS LINE RESERVED FOR �! <br />RECORDER'S USE ONLY <br />SECOND SUPPLEMENT TO INDENTURE OF MORTGAGE, <br />DEED OF TRUST AND SECURITY AGREEMENT <br />This Second Supplement to Indenture of Mortgage, Deed of Trust and Security <br />Agreement (this "Supplement ") is dated as of July 2, 2004, by and among NATIONAL BY- <br />PRODUCTS, LLC, an Iowa limited liability company (as successor by merger to National By- <br />Products, Inc., an Iowa corporation), with its mailing address at P.O. Box 615, Des Moines, Iowa <br />50303, (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 <br />supplemented by that certain First Supplement to Indenture of Mortgage, Deed of Trust and <br />Security Agreement dated as of June 30, 2000 recorded with the Recorder of Hall County, <br />Nebraska as Document No. 0200006290, (as may be further amended and supplemented from <br />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 Amended and Restated <br />Credit Agreement dated as of June 30, 2000 by and among the Grantor, the lenders party thereto <br />1696267.01.04 <br />1007046/D M P <br />