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<br />~ r Chis First Amendment to Deed of Trust
<br />vas prepared by and when record~ci
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<br />acqueline Pueppke ~ ~ p
<br />3aird Holm LLP ~ ~ v'
<br />~~ S00 Woodmen Tower ~ _
<br />~~ 700 Farnam Street
<br />Jmaha, Nebraska 68102-2068
<br />Tel: 402.344.0500
<br />~ Fax:402.344.OS88
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<br />Space above this line for Recorder in HALL COUNTY, NEBRASKA
<br />FIRST AMENDMENT TO FEE SIMPLE AND LEASEHOLD DEED OF TRUST,
<br />SECURITY AGREEMENT, ASSIGNMENT OF LEASES, RENTS AND PROFITS,
<br />FINANCING STATEMENT AND FIXTURE FILING
<br />THIS FIRST AMENDMENT TO FEE SIMPLE AND LEASEHOLD DEED OF
<br />TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES, RENTS AND PROFITS,
<br />FINANCING STATEMENT AND FIXTURE FILING ("First Amendment") is made and
<br />entered into this L¢!~~ day of S ~ ~}--~,~ ~ ~ , 2009, by and among PIONEER TRAIL
<br />ENERGY, LLC, a Delaware limited liability company, having an address at 1600 Broadway,
<br />Suite 2200, Denver, Colorado 80202 (the "Trustor"); FIRST AMERICAN TITLE
<br />INSURANCE COMPANY, having an address at 1900 Midwest Plaza, 801 Nicollet Mall,
<br />Minneapolis, Minnesota SS402 (the "Trustee"); and DEUTSCHE BANK TRUST COMPANY
<br />AMERICAS, having an address at 60 Wall Street, 27th Floor, Mail Stop: NYC 60-1710, New
<br />York, New York 10005 (together with any successor Beneficiary, the "Beneficiary").
<br />WHEREAS, Trustor has executed and delivered to Beneficiary and Trustee a Fee Simple
<br />and Leasehold Deed of Trust, Security Agreement, Assignment of Leases, Rents and Profits,
<br />Financing Statement and Fixture Filing dated as of September 2S, 2006 and recorded in the
<br />office of the Register of Deeds of Hall County, Nebraska on October 3, 2006 as Instrument No.
<br />200608869 (the "Deed of Trust"), which encumbered the Land described on Exhibit "A"
<br />attached hereto and incorporated herein by this .reference; and
<br />WHEREAS, the Trustor, Trustee and Beneficiary intend the Deed of Trust to encumber
<br />all real estate owned or leased by Trustor in connection with the operation of a one hundred
<br />fifteen million (115,000,000) gallons-per-year fuel grade, denatured production plant to be
<br />located in Wood River, Nebraska; and
<br />WHEREAS, Trustor has acquired easement interests in additional real estate to use in
<br />connection with the above-described ethanol production plant; and
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