EXHIBIT 10.27
AMENDMENT TO REAL ESTATE DEED OF TRUST
The following is an Amendment to the Deed of Trust dated February 22, 2005 and filed February 24, 2005 at Instrument No. 200500258 in the Register of Deeds office of Pierce County, Nebraska, wherein Husker Ag, LLC is the Trustor and Union Bank and Trust Company is the Trustee and Union Bank and Trust Company and Midwest Bank, N.A. are the Beneficiaries, relating to the real estate described in Exhibit " A" , attached hereto.
The Trustor, Husker Ag, LLC, the Trustee, Union Bank and Trust Company and the Beneficiaries under the foregoing Deed of Trust, Union Bank and Trust Company and Midwest Bank, N.A., hereby agree to the Amendment to the Deed of Trust filed February 24, 2005 at Instrument No. 200500258 as follows:
1. The sole Beneficiary shall be Union Bank and Trust Company.
2. Paragraph 3 of the Deed of Trust is replaced and is amended to read as follows:
3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this Deed of Trust at any one time shall not exceed $105,000,000. This limitation of amount does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of Trust. Future advances are contemplated and, along with other future obligations, are secured by this Deed of Trust even though all or part may not yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate writing.
3. Paragraph 4 of the Deed of Trust is replaced and is amended to read as follows:
4. SECURED DEBT DEFINED. The term " Secured Debt" includes, but is not limited to, the following: A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions, renewals, modi ...
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