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<br />200709869
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<br />DEED 01<" TRUST, SECURITY AGREEMENT,
<br />ASSIGNMENT OF RENTS AND LEASES, AND FIXTURE nLING
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<br />This DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND
<br />LEASES, AND FIXTURE FILING (the "Deed of Trust"), dated November 20, 2007, is granted by
<br />HORNADY FAMIl,Y LIMITED PARTNERSHIP, a Nebraska limited partnership (the
<br />"Partnership"), whose address for purposes of this Deed of Trust is 3625 Old Potash Highway, Grand
<br />Island, Nebraska 68803, and THE COUNTY Ol<~ HALL, NEBRASKA, a political subdivision of the
<br />State of Nebraska (the "County"), whose address for purposes of this Deed of Trust is 121 S. Pine Street,
<br />Grand Island, Nebraska 68801, collectively as grantor (the "Grantor"), to WELLS FARGO BANK,
<br />NATIONAL ASSOCIATION, a national banking association, whose address for purposes of this Deed
<br />of Trust is 1248 "0" Street, Fourth Floor, Lincoln, Nebraska 68508, as deed trustee (the "Deed
<br />Trustee"), for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national
<br />banking association, whose address for purposes of this Deed of Trust is 1248 "0" Street, Fourth Floor,
<br />Lincoln, Nebraska 68508, as trustee under that certain Trust Indenture, dated November 20, 2007,
<br />between the County and said banking association (the ~~Indenture"), as beneficiary (the "Beneficiary").
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<br />RECITALS
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<br />1. The County and the Beneficiary are parties to the Indenture and any term defined in the
<br />Indenture shall have the same meaning when used in this Deed of Trust, unless the use or context
<br />indicates another or different meaning or intent.
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<br />2. By Partnership Warranty Deed, (the "Deed"), the Partnership has granted and conveyed
<br />to the County its fee simple interest in a certain parcel of property located in Hall County, Nebraska and
<br />more particularly described on Exhibit A attached hereto (the "Property"), subject to certain repurchase
<br />rights contained in the Agreement.
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<br />3. Pursuant to the Indenture, the County has transferred in trust, pledged, assigned, and
<br />granted a security interest in, all of its right, title, and interest in and to the Bond Documents to the
<br />Beneficiary, except the County's rights to indemnification and payment of attorneys' fees under the
<br />Agreement.
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<br />4. The County has undertaken to issue its Industrial Development Revenue Bond (Hornady
<br />Manufacturing Company Project), Series 2007 (the "Bond"), in the total principal amount of $2,500,000,
<br />in accordance with the provisions of Article XIII, Section 2 of the Nebraska Constitution and Sections 13-
<br />1101 to 13-1110, inclusive, Reissue Revised Statutes of Nebraska, as amended (the "Act"), for the purpose
<br />of providing funds to pay the costs of a project for the Partnership, consisting of the construction and
<br />equipping of an approximately 31,500 square foot addition to a building that is and will be used for
<br />ammunitions manufacturing and related purposes, located in Hall County, Nebraska (the ~~Project"). The
<br />Indenture, on certain terms and conditions, provides for the issuance of additional parity bonds from time
<br />to time (the "Parity Bonds," and the Bond and any Parity Bonds are collectively called the "Bonds").
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<br />5. Pursuant to the Agreement, the County has leased the Project to the Partnership upon the
<br />terms and conditions set forth in the Agreement, including the making of rental payments in such amounts
<br />and at such times as shall be necessary to timely to pay the principal or redemption price of and interest
<br />on the Bonds.
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