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<br />FIRST AMENDMENT TO
<br />DEED OF TRUST
<br />Q>
<br />THIS FIRST AMENDMENT TO DEED OF TRUST (the "Amendment") is entered into
<br />effective as of the & day of March, 2003, by and between ACL COMPANY, LLC, a Minnesota
<br />limited liability company ( "Maker"), and AG CAPITAL COMPANY, a Delaware corporation
<br />( "Holder "), with reference to the following facts:
<br />RECITALS
<br />A. Maker previously executed in favor of Holder that certain Note 420132 dated
<br />February 1, 1996 in the original principal amount of $5,887,003.00 (the "Existing Note ") in
<br />connection with a loan pursuant to that certain Lease Funding Agreement dated as of February 1,
<br />1996 (the "Loan"). The Existing Note is secured by that certain Deed of Trust executed by
<br />Robert M. Gonderinger, Attorney at Law ( "Trustee ") in favor of Holder as original beneficiary,
<br />and recorded on February 16, 1996 as Document No. 96- 101144, Registrar of Deeds Office, Hall
<br />County, Nebraska as amended from time to time (the "Deed of Trust ") relating to certain real
<br />property located in the County of Hall, State of Nebraska and more fully described on Exhibit A
<br />attached hereto and made a part hereof.
<br />B. The Existing Note was amended by that certain Amended and Restated Note
<br />#20132 dated as of March 6, 2003 (the "Amended Note ").
<br />C. Maker and Holder wish to modify the terms of the Deed of Trust and all other
<br />documents evidencing or securing the Loan (collectively, the "Loan Documents ") to secure
<br />among other things, the indebtedness evidenced by the Amended Note.
<br />NOW, THEREFORE, IN RELIANCE upon the foregoing recitals and in consideration of
<br />the mutual covenants set forth herein and for other good and valuable consideration, the receipt
<br />and adequacy of which are hereby acknowledged, the parties hereto agree as follows:
<br />I. Defined Terms; Scope of Amendment. Defined terms used in this Amendment
<br />shall have the meanings set forth in the Deed of Trust unless otherwise indicated herein;
<br />provided, however, that from and after the date hereof the "Note" as used herein and in the
<br />Existing Note, as amended by the Amended Note, shall mean the Existing Note as modified by
<br />the Amended Note and this Amendment. Except as expressly set forth in this Amendment, the
<br />Existing Note shall remain in full force and effect between Holder and Maker. In the event of
<br />934341404
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<br />RECORDING REQUESTED BY
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<br />Metropolitan Life Insurance Company
<br />2001 Spring Road, Suite 400
<br />Oak Brook, Illinois 60523
<br />Atm: Debra L. Yurinich, Esq.
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<br />SPACE ABOVE THIS LINE FOR RECORDER'S USE
<br />03169
<br />FIRST AMENDMENT TO
<br />DEED OF TRUST
<br />Q>
<br />THIS FIRST AMENDMENT TO DEED OF TRUST (the "Amendment") is entered into
<br />effective as of the & day of March, 2003, by and between ACL COMPANY, LLC, a Minnesota
<br />limited liability company ( "Maker"), and AG CAPITAL COMPANY, a Delaware corporation
<br />( "Holder "), with reference to the following facts:
<br />RECITALS
<br />A. Maker previously executed in favor of Holder that certain Note 420132 dated
<br />February 1, 1996 in the original principal amount of $5,887,003.00 (the "Existing Note ") in
<br />connection with a loan pursuant to that certain Lease Funding Agreement dated as of February 1,
<br />1996 (the "Loan"). The Existing Note is secured by that certain Deed of Trust executed by
<br />Robert M. Gonderinger, Attorney at Law ( "Trustee ") in favor of Holder as original beneficiary,
<br />and recorded on February 16, 1996 as Document No. 96- 101144, Registrar of Deeds Office, Hall
<br />County, Nebraska as amended from time to time (the "Deed of Trust ") relating to certain real
<br />property located in the County of Hall, State of Nebraska and more fully described on Exhibit A
<br />attached hereto and made a part hereof.
<br />B. The Existing Note was amended by that certain Amended and Restated Note
<br />#20132 dated as of March 6, 2003 (the "Amended Note ").
<br />C. Maker and Holder wish to modify the terms of the Deed of Trust and all other
<br />documents evidencing or securing the Loan (collectively, the "Loan Documents ") to secure
<br />among other things, the indebtedness evidenced by the Amended Note.
<br />NOW, THEREFORE, IN RELIANCE upon the foregoing recitals and in consideration of
<br />the mutual covenants set forth herein and for other good and valuable consideration, the receipt
<br />and adequacy of which are hereby acknowledged, the parties hereto agree as follows:
<br />I. Defined Terms; Scope of Amendment. Defined terms used in this Amendment
<br />shall have the meanings set forth in the Deed of Trust unless otherwise indicated herein;
<br />provided, however, that from and after the date hereof the "Note" as used herein and in the
<br />Existing Note, as amended by the Amended Note, shall mean the Existing Note as modified by
<br />the Amended Note and this Amendment. Except as expressly set forth in this Amendment, the
<br />Existing Note shall remain in full force and effect between Holder and Maker. In the event of
<br />934341404
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