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<br /> 201100433
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<br /> This COMBINATION DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE
<br /> FINANCING STATEMENT, dated April 14, 2010 (the "Deed of Trust"), is made by MOSAIC, as
<br /> grantor (the "Grantor"), to WELLS FARGO BANK, NATIONAL ASSOCIATION, as deed trustee
<br /> (the "Trustee"), for the benefit of WELLS FARGO SECURITIES, LLC, as beneficiary (the
<br /> "Beneficiary").
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<br /> RECITALS
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<br /> 1. Concurrently herewith, the Grantor is borrowing from Nebraska Investment Finance
<br /> Authority (the "Issuer"), a body politic and corporate, not a state agency, but an independent
<br /> instrumentality exercising essential public functions, created pursuant to the Nebraska Investment Finance
<br /> Authority Act, Chapter 58, Article 2, Reissue Revised Statutes of Nebraska, as amended (the "Act"), the
<br /> principal amount of $7,000,000 (the "Loan") pursuant to the terms of a Loan Agreement, dated April 14,
<br /> 2010 (the "Loan Agreement"), among the Beneficiary, the Grantor and the Issuer. Capitalized terms
<br /> used herein and not otherwise defined have the meanings ascribed thereto in the Loan Agreement.
<br /> 2. The Issuer is obtaining funds for the Loan through the issuance and sale of the Issuer's
<br /> Revenue Bond (Mosaic Project) Series 2010, dated April 14, 2010 (the "Bond"), in the principal amount
<br /> of $7,000,000, pursuant to the Act and the Loan Agreement.
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<br /> 3. The Beneficiary has purchased the Bond (the "Bond").
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<br /> 4. Under the terms of the Loan Agreement, the Grantor has agreed (a) to use the Proceeds of
<br /> the Bond to refinance a portion of the Project Costs and (b) to make payments to the Beneficiary, as
<br /> assignee of the Issuer, in amounts sufficient to pay when due, the principal or Prepayment Amount of and
<br /> interest on the Bond; and
<br /> 5. In order to (a) induce the Issuer to issue the Bond and (b) induce the Beneficiary to
<br /> purchase the Bond, the Grantor is willing to further secure its obligations under the Loan Agreement as
<br /> herein provided.
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<br /> NOW, THEREFORE, THIS DEED OF TRUST WITNESSETH:
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<br /> GRANTING CLAUSES
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<br /> The Grantor, in consideration of the premises and the sum of One Dollar duly paid to the Grantor
<br /> by the Deed Trustee and other good and valuable consideration, the receipt and adequacy of which is
<br /> hereby acknowledged, and in order to secure the payment and performance of the duties and obligations
<br /> of the Grantor under the Loan Agreement, hereby grants a deed of trust, construction security interest,
<br /> fixture financing statement and assignment of leases and rents as follows:
<br /> 1. GRANT OF DEED OF TRUST ON REAL PROPERTY.
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<br /> The Grantor does hereby GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the
<br /> Deed Trustee, and its successors in trust and assigns, forever, WITH POWER OF SALE and right of entry
<br /> and possession, all and singular, the real property described in Exhibit A attached hereto (the "Real
<br /> Property"); TO HAVE AND TO HOLD all and singular the Real Property with all rights and privileges
<br /> hereby conveyed, pledged and assigned or agreed or intended so to be, to the Deed Trustee and its
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