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<br />SECOND AMENDMENT TO DEED OF TRUST
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<br />THIS SECOND AMENDMENT TO DEED OF TRUST is entered into effective as of the
<br />Ith day of February, 2006, by and between ACL COMPANY, LLC, a Minnesota limited
<br />liability company, (hereinafter referred to as "Borrower") and METROPOLlT AN LIFE
<br />INSURANCE COMPANY, a New York corporation, (hereinafter referred to as "Lender").
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<br />WITNESSETH:
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<br />WHEREAS, Lender is the holder of a certain Amended and Restated Note #20132 dated
<br />as of March 6, 2003 (the "Note") in the face amount of Four Million Five Hundred Seventy-One
<br />Thousand Four Hundred Thirty-Three and 161100 Dollars ($4,571,433.16) executed by Borrower
<br />in favor of Lender. The Note is secured by a certain Deed of Trust dated February 1, 1996
<br />executed by Borrower, as Trustor, in which AG CAPITAL COMPANY, a Delaware corporation,
<br />is named as the initial Beneficiary and ROBERT M. GONDERINGER, Attorney-at-Law, as
<br />Trustee, and filed for record on February 16, 1996, and recorded as Document No. 96-101144
<br />with the Hall County Register of Deeds and as amended by a certain First Amendment to Deed
<br />of Trust dated March 6, 2003 and filed for record on March 18, 2003 and recorded as Document
<br />No. 0200303169.
<br />
<br />WHEREAS, all beneficial interest under the aforesaid Deed of Trust, as amended, was
<br />assigned and transferred unto Lender by Assignment of Deed of Trust dated March 6, 2003 and
<br />filed of record on March 18, 2003 and recorded as Document No. 0200303170 with the Hall
<br />County Register of Deeds;
<br />
<br />WHEREAS, the real estate secured by the aforesaid Deed of Trust, as amended, is
<br />described in Exhibit "A", which Exhibit is attached hereto and incorporated herein by this
<br />reference;
<br />
<br />WHEREAS, the Note was amended and restated by a certain Second Amended and
<br />Restated Note #20132 dated as of February 12,2006 (the "Amended Note");
<br />
<br />WHEREAS, the parties hereto desire to modify the terms of the aforesaid Deed of Trust,
<br />as amended, to secure the indebtedness evidenced by the Amended Note.
<br />
<br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and
<br />other good and valuable consideration, the receipt and adequacy of which is hereby
<br />acknowledged, the parties hereto agree as follows:
<br />
<br />1. The foregoing recitals are specifically incorporated in this Agreement and made a
<br />part of this Agreement by this reference.
<br />
<br />2. Borrower owes Lender the total sum of Three Million Seven Hundred Nine
<br />Thousand Nine Hundred Ninety-Four and 171100 Dollars ($3,709,994.17) evidenced by
<br />Borrower's Second Amended and Restated Note #20132 dated as of February 12, 2006
<br />(hereinafter referred to as "Debt"), which has a stated maturity date of February 12, 2011. This
<br />Debt shall include any and all modifications, extensions and renewals thereof or thereto and any
<br />and all future advances and re-advances to Borrower (or any of them if more than one) hereunder
<br />pursuant to one or more promissory notes or credit agreements (herein called "Note").
<br />
<br />3. This Second Amendment to Deed of Trust secures to Lender the Debt evidenced
<br />by said Note dated as of February 12, 2006 and the payment of all other sums, with interest,
<br />advanced under the provisions hereafter to protect the security and the performance of
<br />Borrower's covenants and agreements.
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