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Space above this line for Recorder in HALL COUNTY, NEBRASKA
<br />MEMORANDUM OF GRAIN FACILITY LEASE AND SUBLEASE
<br />THIS MEMORANDUM OF GRAIN FACILITY LEASE AND SUBLEASE (the
<br />"Memorandum "), is entered into as of the . 2 �_ day of t&e wt 62--v-' , 2006 by and
<br />between CARGILL, INCORPORATED, a Delaware corporation ( "Landlord ") and PIONEER
<br />TRAIL ENERGY LLC, a Delaware limited liability company ( "Tenant ").
<br />RECITALS:
<br />WHEREAS, Landlord and Tenant are parties to that certain Grain Facility Lease and
<br />Sublease dated of even date herewith (the "Lease "); and
<br />WHEREAS, Landlord and Tenant wish to give notice of the real property interests under
<br />the Lease by executing and recording this Memorandum.
<br />NOW, THEREFORE, in consideration of the sum of One and 00/100 Dollar ($1.00) and
<br />other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, the parties hereto give notice as follows:
<br />1. Lease. Pursuant to the terms of the Lease, Landlord leases and subleases to
<br />Tenant and Tenant leases and subleases from Landlord the real property described on Exhibit
<br />"A" attached hereto and incorporated herein by this reference, together with all buildings,
<br />fixtures, improvements, machinery, and equipment located at or about such real estate (the
<br />"Premises "). The initial term of the Lease commences on the Effective Date (as defined in the
<br />Lease) and continues for a period of 20 years thereafter, with automatic renewals of two (2)
<br />years each unless the Lease is terminated in accordance with its terms.
<br />2. Miscellaneous. This Memorandum is binding on the parties' respective
<br />successors and assigns and runs with the land. This Memorandum may be executed in any
<br />number of counterparts, all of which are considered one and the same Memorandum
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<br />Space above this line for Recorder in HALL COUNTY, NEBRASKA
<br />MEMORANDUM OF GRAIN FACILITY LEASE AND SUBLEASE
<br />THIS MEMORANDUM OF GRAIN FACILITY LEASE AND SUBLEASE (the
<br />"Memorandum "), is entered into as of the . 2 �_ day of t&e wt 62--v-' , 2006 by and
<br />between CARGILL, INCORPORATED, a Delaware corporation ( "Landlord ") and PIONEER
<br />TRAIL ENERGY LLC, a Delaware limited liability company ( "Tenant ").
<br />RECITALS:
<br />WHEREAS, Landlord and Tenant are parties to that certain Grain Facility Lease and
<br />Sublease dated of even date herewith (the "Lease "); and
<br />WHEREAS, Landlord and Tenant wish to give notice of the real property interests under
<br />the Lease by executing and recording this Memorandum.
<br />NOW, THEREFORE, in consideration of the sum of One and 00/100 Dollar ($1.00) and
<br />other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, the parties hereto give notice as follows:
<br />1. Lease. Pursuant to the terms of the Lease, Landlord leases and subleases to
<br />Tenant and Tenant leases and subleases from Landlord the real property described on Exhibit
<br />"A" attached hereto and incorporated herein by this reference, together with all buildings,
<br />fixtures, improvements, machinery, and equipment located at or about such real estate (the
<br />"Premises "). The initial term of the Lease commences on the Effective Date (as defined in the
<br />Lease) and continues for a period of 20 years thereafter, with automatic renewals of two (2)
<br />years each unless the Lease is terminated in accordance with its terms.
<br />2. Miscellaneous. This Memorandum is binding on the parties' respective
<br />successors and assigns and runs with the land. This Memorandum may be executed in any
<br />number of counterparts, all of which are considered one and the same Memorandum
<br />1
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