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<br /> <br /> <br />~ t). 50 <br /> <br />MEMORANDUM OF LEASE <br /> <br />This MEMORANDUM OF LEASE is executed as of the 1-1'51-' day of <br />o MA-Y , 2008, by MICROGY GRAND ISLAND, LLC, a Nebraska limited <br />liability company ("Tenant"), and SWIFT & COMPANY, Delaware corporation ("Landlord"). <br /> <br />RECITALS <br /> <br />WHEREAS, Landlord is the owner of the real property legally described on Exhibit "A" <br />attached hereto (the "Real Property"); <br /> <br />WHEREAS, Landlord and Tenant entered into that certain Lease dated August 31, 2006, <br />as amended by that certain First Amendment to Lease Agreement dated June 16, 2008 (as <br />amended, the "Lease") whereby Tenant leased the Real Property from Landlord; <br /> <br />NOW THEREFORE, Landlord and Tenant hereby execute this Memorandum of Lease <br />for the purpose of acknowledging the parties' respective interests in, and rights and obligations <br />under, the Lease and recording the same in the office of the Register of Deeds of Hall County, <br />Nebraska. <br /> <br />This Memorandum of Lease is subject in each and every respect to the terms, covenants <br />and conditions of the Lease between the parties hereto. This Memorandum of Lease is executed <br />and delivered with the understanding and agreement that the same shall not in any manner or <br />form whatsoever, alter, modify or vary the terms, covenants and conditions of the Lease. <br /> <br />IN WITNESS WHEREOF, the undersigned have caused this Memorandum of Lease to <br />be executed as of the date first written above. ' <br /> <br />i1.Lt: Fed S",- E "''''', <br />Return Copy to: <br />Curtis L. Christensen <br />Kutak Rock LLP <br />1650 Farnam Street <br />Omaha, NE 68102 <br /> <br />MICROGY GRAND ISLAND, LLC, <br />a Nebraska limited liability company <br /> <br />BY:~~ <br /> <br />Its: Manager <br /> <br />SWIFT & COMPANY, <br />a Delaw,?\ corporation <br /> <br />By: U.,.J (~ <br />Its: ~" 0 p ~~ <br /> <br />00272319 <br />