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200611329 CONSENT OF TRUSTEE AND BENEFICIARY This Consent of Trustee and Beneficiary is attached to and made part of that certain "Water Rights Deed and Declaration of Rcstrictive Covenant" dated ~{{I'Y1 ~(.... \CC; , 2006 (the "Deed and Declaration"). In consideration of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, First American Title Insurance Company, as trustee ("Trustee") and Deutsche Bank Trust Company Americas, as Collateral Agent, as beneficiary ("Beneficiary") under that certain Deed of Trust, Security Agreement, Assignment of Leases, Rents and Profits, Financing Statement and Fixture Filing from Pioneer Trail Energy, LLC, a Delaware limited liability company to and in favor of Trustee, for the benefit of Beneficiary, which was filed for recorded in the office of the Register of Deeds of Hall County, Nebraska on 1\ l.'" ,>k v 1'.1 () .~ e / ':> , 2006 at Book ~, Page ~ (the "Deed of Trust"), hereby consents to the foregoing Deed and Declaration such that Deed of Trust shall be subject to said Deed and Declaration, and that for itself and its successors and assigns, hereby ratifies and consents to the foregoing Deed and Declaration and agrees that in the event of foreclosure of the Deed of Trust, it shall not take any action to foreclose or otherwise terminate the foregoing Deed and Declaration. Executed this I ~ day of Lxee.......b-r ,2006. kat; D"'CL-cme....,+ Nt. ZtJc>("O'S'I",9 FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee STATE OF MINNESOTA ) ) ss. COUNTY OF ~1-rlflV1f'~; ..... ) M The foregoing instrument was acknowledged before me on this tL day of "J):ltltlw/2006, by J ({vltl"- S l. t(: Y 'Lk l, D"h , as A~c;,ijf(..,,.. t v I (~ PI f''-.,. . dt~, t- of First American Title Insurance Company, as Trustee, on behalf of said company. : /1 N~~a. ufu ~ . ANGEUCA VAN HEUVELN! NOTARY PUBUC.MINNESOTA .. QIIIlIeIOII fIpiIII an. 11,1010 . My Commission Expires: ")0. V) .5/, 2- c~' I t) /