exv4w26






Exhibit 4.26




Execution Copy

 





     

FOURTH SUPPLEMENTAL INDENTURE TO FIRST MORTGAGE AND DEED OF TRUST

ITC MIDWEST LLC




TO




THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as successor to THE

BANK OF NEW YORK TRUST COMPANY, N.A.




Trustee




Dated as of December 10, 2009




Supplementing the First Mortgage and Deed of Trust Dated as of January 14, 2008,

as Heretofore Supplemented




From ITC MIDWEST LLC to THE BANK OF NEW YORK TRUST COMPANY, N.A.,

Trustee




THIS INSTRUMENT CONTAINS AFTER-ACQUIRED PROPERTY PROVISIONS




Establishing a series of Securities designated 4.60% First Mortgage Bonds, Series D due 2024




 




This agreement secures future advances as more fully set forth in section 5.10 hereof.



This is a mortgage amendment as defined in Minnesota Statutes, section 287.01, subdivision 2, and
as such it does not secure a new or increased amount of debt.



 






 









 








          FOURTH SUPPLEMENTAL INDENTURE (this “FOURTH SUPPLEMENTAL INDENTURE”), dated as of December 10,
2009, between ITC MIDWEST LLC, a limited liability company organized and existing under the laws of
the State of Michigan (herein called the “Company”), having its principal office at 27175 Energy
Way, Novi, Michigan 48377, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (as successor to
The Bank of New York Trust Company, N.A.), a national banking association, as trustee (herein
called the “Trustee”), the office of the Trustee at which on the date hereof its corporate trust
business is principally administered being 2 N. LaSalle, Suite 1020, Chicago, Illinois 60602.




RECITALS OF THE COMPANY




          WHEREAS, the Company has heretofore executed and delivered to the Trustee a First Mortgage and
Deed of Trust dated as of January 14, 2008 (the “Mortgage Indenture”), encumbering the real
property interests as more particularly described on Exhibit A attached to the Mortgage Indenture
and providing for the issuance by the Company from time to time of its bonds, notes or other
evidences of indebtedness (in the Mortgage Indenture and herein called the “Securities”) to be
issued in one or more series and to provide security for the payment of the principal of and
premium, if any, and interest, if any, on the Securities; and




          WHEREAS, the Company has heretofore executed and delivered the following supplemental
indentures, dated as hereinafter set forth:




	 	 	 
	Instrument	 	Date
	First Supplemental Indenture

	 	January 14, 2008
	Second Supplemental Indenture

	 	December 15, 2008
	Third Supplemental Indenture

	 	December 15, 2008






          WHEREAS, the Mortgage Indenture, the First Supplemental Indenture, the Second Supplemental
Indenture and the Third Supplemental Indenture listed in the foregoing paragraph were recorded in
the offices set forth in Schedule 1 attached hereto; and




          WHEREAS, there have heretofore been issued under the Indenture the following Securities in the
principal amounts as follows:




 









 








	 	 	 	 	 	 	 
	Title	 	Issued	 	Principal Amount
	6.150%
First Mortgage Bonds,
 Series A, due 2038

	 	January 31, 2008
	 	$	175,000,000	 
	
	 	 	 	 	 	 
	7.12%
First Mortgage Bonds,
 Series B, due 2017

	 	December 22, 2008
	 	$	40,000,000	 
	
	 	 	 	 	 	 
	7.27%
First Mortgage Bonds,
 Series C, due 2020

	 	December 22, 2008
	 	$	35,000,000	 
	
	 	 	 	 	 	 






          WHEREAS, The Bank of New York Trust Company, N.A., became The Bank of New York Mellon Trust
Company, N.A., a national banking association, pursuant to a name change, and approved by the
Comptroller of Currency, effective July 1, 2008; and




          WHEREAS, in addition to the property described in the Mortgage Indenture, the Company has
acquired certain other property, rights, and interests in property; and




          WHEREAS, the Company, in the exercise of the power and authority conferred upon and reserved
to it under the provisions of the Mortgage Indenture and pursuant to appropriate resolutions of the
Board of Directors, has duly determined to make, execute and deliver to the Trustee this Fourth
Supplemental Indenture to the Mortgage Indenture as permitted by Sections 2.01, 3.01, 4.01, 4.02
and 14.01 of the Mortgage Indenture in order to establish the form and terms of, and to provide for
the creation and issuance of, a series of Securities under the Mortgage Indenture in an aggregate
principal amount of $75,000,000 and to amend and supplement the Mortgage Indenture as herein
provided; and




          WHEREAS, all things necessary to make the Bonds (as defined herein), when executed by the
Company and authenticated and delivered by the Trustee or any Authenticating Agent and issued upon
the terms and subject to the conditions hereinafter and in the Mortgage Indenture set forth against
payment therefor the valid, binding and legal obligations of the Company and to make this Fourth
Supplemental Indenture a valid, binding and legal agreement of the Company, have been done;




          NOTICE TO IOWA RESIDENTS: This Fourth Supplemental Indenture secures credit in the amount of
SEVENTY-FIVE MILLION DOLLARS ($75,000,000) together with the amount of all prior advances pursuant
to Securities issuances heretofore made pursuant to the Mortgage Indenture, the First Supplemental
Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture, for a total
combined amount advanced of THREE HUNDRED TWENTY-FIVE MILLION DOLLARS ($325,000,000). Loans and
advances up to this amount, together with interest, are senior to indebtedness to other creditors
under subsequently recorded or filed mortgages and liens.




-2-









 








GRANTING CLAUSES




          NOW, THEREFORE, THIS FOURTH SUPPLEMENTAL INDENTURE WITNESSETH that, in order to establish the
terms of a series of Securities, and for and in consideration of the premises and of the covenants
contained in the Mortgage Indenture and in this Fourth Supplemental Indenture and for other good
and valuable consideration the receipt and sufficiency of which are hereby acknowledged, and in
order to secure the payment of the principal of and premium, if any, and interest, if any, on, and
all other amounts (including, without limitation, fees, expenses and indemnities) in connection
with, all Securities from time to time Outstanding and the performance of the covenants therein and
herein contained and to declare the terms and conditions on which such Securities are secured, the
Company has granted, bargained, sold, conveyed, assigned, transferred mortgaged, pledged, set over
and confirmed and hereby grants, bargains, sells, conveys, assigns, transfers, mortgages, pledges,
sets over and confirms to the Trustee, and has granted and hereby grants to the Trustee, for itself
and for the benefit of the Holders, with power of sale, a lien upon and a security interest in, the
following (subject, however, to the terms and conditions set forth in the Mortgage Indenture and
herein):




GRANTING CLAUSE FIRST




          All right, title and interest of the Company, as of the date of the execution and delivery of
this Fourth Supplemental Indenture, as originally executed and delivered, in and to all property,
real, personal and mixed, located in the States of Illinois, Iowa, Minnesota and Missouri, or
wherever else situated (other than Excepted Property), including without limitation all right,
title and interest of the Company in and to the following property and interests so located (other
than Excepted Property):




          (a) all real property owned in fee, easements, easement estates and other interests in real
property which are specifically described or referred to in Exhibit A attached to the Mortgage
Indenture, Exhibit A attached to the First Supplemental Indenture, Exhibit A attached to the Second
Supplemental Indenture and Exhibit A attached hereto;




          (b) all licenses, permits to use the real property of others, franchises to use public roads,
streets and other public properties, rights of way and other rights or interests relating to the
occupancy or use of real property;




          (c) all facilities, machinery, equipment and fixtures for the transmission and distribution of
electric energy including, but not limited to, all plants, air and water pollution control and
sewage and solid waste disposal facilities, switchyards, towers, substations, transformers, poles,
lines, cables, conduits, ducts, conductors, meters, regulators and all other property used or to be
used for any or all of such purposes;




          (d) all buildings, offices, warehouses, structures or improvements in addition to those
referred to or otherwise included in clauses (a) and (c) above;




          (e) all computers, data processing, data storage, data transmission and/or telecommunications
facilities, equipment and apparatus necessary for the operation or maintenance of any facilities,
machinery, equipment or fixtures described or referred to in clause (c) above;




-3-









 








          (f) all of the foregoing property in the process of construction; and




          (g) (except as hereinbefore or hereinafter expressly excepted) all the right, title and
interest of the Company in and to all other property of any kind or nature appertaining to and/or
used and/or occupied and/or enjoyed in connection with any property hereinbefore described;




GRANTING CLAUSE SECOND




          Subject to the applicable exceptions permitted by Sections 8.10(d), 13.03 and 13.05 of the
Indenture, all right, title and interest of the Company in all property of every kind and
description and wheresoever situate, real, personal and mixed (other than Excepted Property) which
may be hereafter acquired by the Company, it being the intention of the Company that all such
property acquired by the Company after the date of the execution and delivery of this Fourth
Supplemental Indenture, as originally executed and delivered, shall be as fully embraced within and
subjected to the Lien of the Indenture as if such property were owned by the Company as of the date
of the execution and delivery of this Fourth Supplemental Indenture, as originally executed and
delivered;




GRANTING CLAUSE THIRD




          Any Excepted Property, which may, from time to time after the date of the execution and
delivery of this Fourth Supplemental Indenture, as originally executed and delivered, by delivery
or by an instrument supplemental to the Indenture, be subjected to the Lien of the Indenture by the
Company, the Trustee being hereby authorized to receive the same at any time as additional security
hereunder; it being understood that any such subjection to the Lien of the Indenture of any
Excepted Property as additional security may be made subject to such reservations, limitations or
conditions respecting the use and disposition of such property or the proceeds thereof as shall be
set forth in such instrument; and




GRANTING CLAUSE FOURTH




          All tenements, hereditaments, servitudes and appurtenances belonging or in any wise
appertaining to the aforesaid property, with the reversions and remainders thereof;




EXCEPTED PROPERTY




          Expressly excepting and excluding, however, from the Lien of the Indenture all right, title
and interest of the Company in and to all Excepted Property, whether now owned or hereafter
acquired;




          TO HAVE AND TO HOLD all such property, unto the Trustee, its successors in trust and their
assigns forever;




          SUBJECT, HOWEVER, to (a) Liens existing at the date of the execution and delivery of the
Mortgage Indenture, as originally executed and delivered, which Liens do not in the aggregate
materially and adversely impair the use of the Mortgaged Property in the operation of the business
of the Company, or materially and adversely affect the security afforded by the





-4-









 







Indenture, (b) as to property acquired by the Company after the date of the execution and
delivery of the Mortgage Indenture, as originally executed and delivered, Liens existing or placed
thereon at the time of the acquisition thereof (including, but not limited to, Purchase Money
Liens), and (c) Permitted Liens;




          IN TRUST, for the equal and ratable benefit and security of the Holders from time to time of
all Outstanding Securities without any priority of any such Security over any other such Security;




          PROVIDED, HOWEVER, that the right, title and interest of the Trustee in and to the Mortgaged
Property shall cease, terminate and become void in accordance with, and subject to the conditions
set forth in, Article IX of the Mortgage Indenture, and if, thereafter, the principal of and
premium, if any, and interest, if any, on, and any other amounts (including, without limitation,
fees, expenses and indemnities) in connection with, the Securities shall have been paid to the
Holders thereof, or shall have been paid to the Company pursuant to Section 6.03 of the Mortgage
Indenture, then and in that case the Indenture shall terminate, and the Trustee shall execute and
deliver to the Company such instruments as the Company shall require to evidence such termination;
otherwise the Indenture, and the estate and rights hereby granted, shall be and remain in full
force and effect;




          IT IS HEREBY COVENANTED AND AGREED by and between the Company and the Trustee that all the
Securities are to be authenticated and delivered, and that the Mortgaged Property is to be held,
subject to the further covenants, conditions and trusts set forth in the Indenture; and




          THE PARTIES HEREBY COVENANT AND AGREE as follows:




ARTICLE ONE




DEFINITIONS AND OTHER PROVISIONS

OF GENERAL APPLICATION




          (a) Mortgage Indenture Definitions. Each capitalized term that is used herein and is
defined in the Mortgage Indenture shall have the meaning specified in the Mortgage Indenture unless
such term is otherwise defined herein; provided, however, that any reference to a “Section” or
“Article” refers to a Section or Article, as the case may be, of this Fourth Supplemental
Indenture, unless otherwise expressly stated.




          (b) Additional Definitions. For purposes of this Fourth Supplemental Indenture,
except as otherwise expressly provided or unless the context otherwise requires, the following
capitalized terms shall have the meanings set forth below:




          “Bond” has the meaning assigned to that term in Section 2.01(a).




          “Bondholders” means (a) the Initial Bondholders and (b) each subsequent holder of a Bond as
shown on the register maintained by the Company pursuant to Section 3.05 of the Indenture.




-5-









 








          “Capital Stock” means, with respect to any Person, any and all shares, interests,
participations or other equivalents (however designated, whether voting or non-voting) in the
equity of such Person, including, without limitation, all partnership interests, common stock and
preferred stock and any and all warrants, rights or options to purchase any of the foregoing.




          “Capital Lease” means a lease with respect to which the lessee is required concurrently to
recognize the acquisition of an asset and the incurrence of a liability in accordance with GAAP as
in effect on the date of the December Closing.




          “Capital Lease Obligation” means, with respect to any Person and a Capital Lease, the amount
of the obligation of such Person as the lessee under such Capital Lease which would, in accordance
with GAAP as in effect on the date of the December Closing, appear as a liability on a balance
sheet of such Person.




          “Cash Equivalents” means (i) obligations of or directly and fully guaranteed by the United
States, or of any agency or instrumentality thereof, maturing not later than three hundred
sixty-five (365) days from the date of acquisition thereof, (ii) commercial paper rated (on the
date of acquisition thereof) A-1 (or the equivalent thereof) or better by S&P and P-1 (or the
equivalent thereof) or better by Moody’s, maturing not later than two hundred seventy (270) days
from the date of acquisition thereof, (iii) guaranteed investment contracts maturing not later than
three hundred sixty-five (365) days from the date of acquisition thereof and entered into with (or
fully guaranteed by) financial institutions whose long-term unsecured non-credit enhanced
indebtedness is rated A- or better by S&P and A3 or better by Moody’s, and (iv) investments in
money market funds having a rating from each of S&P and Moody’s in the highest investment category
granted thereby.




          “Closing” has the meaning assigned to that term in Schedule B to the Purchase Agreement.




          “Code” means the United States Internal Revenue Code of 1986, as amended.




          “Debt” means, without duplication, with respect to any Person, the sum of (a) liabilities for
borrowed money, (b) liabilities (excluding accounts payable and other accrued liabilities arising
in the ordinary course of business) for the deferred purchase price of property and conditional
sale or title retention agreements, (c) Capital Lease Obligations, (d) liabilities for borrowed
money secured by a Lien on property, (e) reimbursement obligations (contingent or otherwise) in
respect of letters of credit, performance bonds or bankers’ acceptances, (f) obligations under any
Hedging Agreements, (g) liabilities for Synthetic Leases, (h) obligations evidenced by bonds,
debentures, notes or similar instruments and (i) any guarantee with respect to liabilities in
clauses (a) through (h) above. All references to the principal amount of Debt outstanding at any
time shall be understood to include not only the principal amount of any liabilities for borrowed
money or of any bonds, debentures, notes or similar instruments, but also obligations (including
those related to reimbursement obligations in respect of letters of credit, but excluding those in
respect of interest, fees and other similar amounts) under all other types of Debt described in
this definition.




-6-









 








          “December Closing” has the meaning assigned to that term in Schedule B to the Purchase
Agreement.




          “Default” means the occurrence and continuance of an event, which, with the giving of notice
or lapse of time, or both, would constitute an Event of Default.




          “Dispose” or “Disposition” means a sale, lease, transfer or other disposition of any assets of
the Company.




          “Environmental Laws” means any Law relating to the environment, natural resources, or safety
or health of humans or other living organisms, including the release, emission, discharge, deposit,
disposal, keeping, treatment, importation, exportation, production, transportation, handling,
processing, carrying, manufacture, collection, sorting or presence of any Hazardous Substance.




          “ERISA” means the Employee Retirement Income Security Act of 1974, as amended from time to
time and the regulations promulgated thereunder.




          “ERISA Affiliate” means, with respect to any Person, any trade or business (whether or not
incorporated) which is a member of a group of which such Person is a member and which is treated as
a single employer with such Person under Section 414 of the Code.




          “ERISA Event” means:




          (a) the occurrence of a reportable event, within the meaning of Section 4043 of ERISA, with
respect to any Plan unless the notice requirement with respect to such event has been waived;




          (b) the application for a minimum funding waiver with respect to a Plan;




          (c) the provision by the administrator of any Plan of a notice of intent to terminate such
Plan, pursuant to Section 4041(c) of ERISA;




          (d) the withdrawal by the Company or any ERISA Affiliate from a Multiple Employer Plan during
a plan year for which it was a substantial employer, as defined in Section 4001(a)(2) of ERISA;




          (e) the conditions for the imposition of a lien under Section 302(f) of ERISA shall have been
met with respect to any Plan;




          (f) the adoption of an amendment to a Plan requiring the provision of security to such Plan
pursuant to Section 307 of ERISA;




          (g) the institution by the PBGC of proceedings to terminate, or cause a trustee to be
appointed to administer, a Plan pursuant to Section 4042 of ERISA; or




          (h) the incurrence of withdrawal liability under Title IV of ERISA by the Company or any of
its ERISA Affiliates upon the withdrawal by the Company or any of its




-7-









 







ERISA Affiliates from a Multiemployer Plan or the incurrence of liability by the Company or
any of its ERISA Affiliates upon the termination of a Multiemployer Plan.




          “Event of Default” has the meaning assigned to that term in Article Four of this Fourth
Supplemental Indenture.




          “February Closing” has the meaning assigned to that term in Schedule B to the Purchase
Agreement.




          “FERC” means the United States Federal Energy Regulatory Commission.




          “Financing Agreements” means the Indenture, this Fourth Supplemental Indenture, the Purchase
Agreement and the Bonds.




          “Fourth Supplemental Indenture” has the meaning assigned to that term in the introductory
paragraph hereof.




          “Good Utility Practice” means any of the practices, methods and acts engaged in or approved by
a significant portion of the electric transmission industry during the relevant time period, or any
of the practices, methods and acts which, in the exercise of reasonable judgment in light of the
facts known at the time the decision was made, could have been expected to accomplish the desired
result at a reasonable cost consistent with good business practices, reliability, safety and
expedition. Good Utility Practice is not intended to be limited to the optimum practice, method or
act to the exclusion of all others, but rather to be acceptable practices, methods or acts
generally accepted in the region.




          “Governmental Approval” means any authorization, consent, approval, license, franchise,
ruling, tariff, rate, permit, certificate, exemption of, or filing or registration with, any
Governmental Authority required in connection with:





     (a) the execution, delivery or performance of any Transmission Document by any party
thereto;




     (b) the entry into or performance of any Financing Agreement by the Company (including
the actual issuance of the Bonds) or the grant and perfection of any Lien contemplated to be
granted by the Indenture; or




     (c) the ownership, development, expansion, operation or maintenance of the Transmission
System.



          “Hazardous Substance” means any substance, waste, pollutant, contaminant or material subject
to regulation under any Environmental Law.




          “Hedging Agreements” means all interest rate swaps, caps or collar agreements or similar
arrangements dealing with interest rates or currency exchange rates or the exchange of nominal
interest obligations, either generally or under specific contingencies.




          “Holdco” means ITC Holdings Corp., a Michigan corporation.




-8-









 








          “Indenture” means the Mortgage Indenture, as supplemented and modified by any and all
indentures supplemental thereto, including this Fourth Supplemental Indenture.




          “Initial Bondholder” means each Bondholder listed on Schedule A to the Purchase Agreement
purchasing any Bonds at a Closing.




          “Institutional Investor” means (a) any Initial Bondholder, (b) any holder of more than
$5,000,000 of the aggregate principal amount of the Bonds and (c) any bank, trust company, other
financial institution, pension plan, investment company, insurance company, or similar financial
institution.




          “Investment” or “Invest” means (a) a purchase or acquisition of, or an investment or
reinvestment in, Rate Base Assets or (b) without duplication, the making of a firm, good faith
contractual commitment, in the ordinary course of business and not subject to any conditions in the
Company’s control, to purchase or acquire, or invest or reinvest in, Rate Base Assets.




          “Law” means any federal, state, local (including municipal) or other statute, law, rule,
regulation, ordinance, order, code, policy or rule of common law, now or hereafter in effect, and
any judicial or administrative interpretation thereof by a Governmental Authority or otherwise
(including any judicial or administrative order, consent decree or judgment to which the Company is
a party).




          “Make-Whole Amount” means, with respect to any Bond, an amount, as determined by the Company,
equal to the excess, if any, of the Discounted Value of the Remaining Scheduled Payments with
respect to the Called Principal of such Bond over the amount of such Called Principal; provided
that the Make-Whole Amount may in no event be less than zero. For the purposes of determining the
Make-Whole Amounts, the following terms have the following meanings:





“Called Principal” means, with respect to any Bond, the principal of such
Bond that is to be redeemed pursuant to Section 2.03 or 2.04 or has become
or is declared to be immediately due and payable pursuant to Section 10.02
of the Indenture, as the context requires.




“Discounted Value” means, with respect to the Called Principal of any Bond,
the amount obtained by discounting all Remaining Scheduled Payments with
respect to such Called Principal from their respective scheduled due dates
to the Settlement Date with respect to such Called Principal, in accordance
with accepted financial practice and at a discount factor (applied on the
same periodic basis as that on which interest on the Bonds is payable) equal
to the Reinvestment Yield with respect to such Called Principal.




“Reinvestment Yield” means, with respect to the Called Principal of any
Bond, 0.50% over the yield to maturity implied by (i) the yields reported,
as of 10:00 a.m. (New York City time) on the second Business Day preceding
the Settlement Date with respect to such Called Principal, on the display
designated as “Page PX1” on the Bloomberg Financial Markets



-9-









 






Services Screen (or such other display as may replace Page PX1 on the
Bloomberg Financial Markets Services Screen) for the most recently issued
actively traded on the run U.S. Treasury securities having a maturity equal
to the Remaining Average Life of such Called Principal as of such Settlement
Date, or (ii) if such yields are not reported as of such time or the yields
reported as of such time are not ascertainable (including by way of
interpolation), the Treasury Constant Maturity Series Yields reported, for
the latest day for which such yields have been so reported as of the second
Business Day preceding the Settlement Date with respect to such Called
Principal, in Federal Reserve Statistical Release H.15 (or any comparable
successor publication) for actively traded on the run U.S. Treasury
securities having a constant maturity equal to the Remaining Average Life of
such Called Principal as of such Settlement Date. In the case of each
determination under clause (i) or clause (ii), as the case may be, of the
preceding sentence, such implied yield will be determined, if necessary, by
(a) converting U.S. Treasury bill quotations to bond-equivalent yields in
accordance with accepted financial practice and (b) interpolating linearly
between (1) the applicable actively traded on the run U.S. Treasury security
with the maturity closest to and greater than such Remaining Average Life
and (2) the applicable actively traded on the run U.S. Treasury security
with the maturity closest to and less than such Remaining Average Life. The
Reinvestment Yield shall be rounded to the number of decimal places as
appears in the interest rate of the applicable Bond.




“Remaining Average Life” means, with respect to any Called Principal, the
number of years (calculated to the nearest one-twelfth year) obtained by
dividing (i) such Called Principal into (ii) the sum of the products
obtained by multiplying (a) the principal component of each Remaining
Scheduled Payment with respect to such Called Principal by (b) the number of
years (calculated to the nearest one-twelfth year) that will elapse between
the Settlement Date with respect to such Called Principal and the scheduled
due date of such Remaining Scheduled Payment.




“Remaining Scheduled Payments” means, with respect to the Called Principal
of any Bond, all payments of such Called Principal and interest thereon that
would be due after the Settlement Date with respect to such Called Principal
if no payment of such Called Principal were made prior to its scheduled due
date; provided that if such Settlement Date is not a date on which interest
payments are due to be made under the terms of the Bonds, then the amount of
the next succeeding scheduled interest payment will be reduced by the amount
of interest accrued to such Settlement Date and required to be paid on such
Settlement Date pursuant to Section 2.03 or 2.04 or Section 10.02 of the
Indenture.




“Settlement Date” means, with respect to the Called Principal of any Bond,
the date on which such Called Principal is to be redeemed pursuant



-10-









 






to Section 2.03 or 2.04 or has become or is declared to be immediately due
and payable pursuant to Section 10.02 of the Indenture, as the context
requires.



          “Material” means material in relation to the business, operations, affairs, financial
condition, assets or properties of the Company.




          “Material Adverse Effect” means a material adverse effect on (a) the business, operations,
affairs, financial condition, assets or properties of the Company, (b) the ability of the Company
to perform its obligations under any Financing Agreement (including, the timely payments of
principal of, or Make-Whole Amount, if any, and interest on, the Bonds), (c) the legality, validity
or enforceability of the Financing Agreements or (d) the perfection or priority of the Liens
purported to be created pursuant to the Indenture or the rights and remedies of the Bondholders
with respect thereto.




          “MISO” means the Midwest Independent Transmission System Operator, Inc.




          “Moody’s” means Moody’s Investors Service, Inc., or any successor thereto.




          “Mortgage Indenture” has the meaning assigned to that term in the first Recital.




          “Multiemployer Plan” means a multiemployer plan, as defined in Section 4001(a)(3) of ERISA, to
which the Company or any of its ERISA Affiliates is making or accruing an obligation to make
contributions, or has within any of the preceding five plan years made or accrued an obligation to
make contributions, such plan being maintained pursuant to one or more collective bargaining
agreements.




          “Multiple Employer Plan” means a single employer plan, as defined in Section 4001(a)(15) of
ERISA, which (a) is maintained for employees of the Company or any of its ERISA Affiliates and at
least one Person other than the Company and its ERISA Affiliates or (b) was so maintained and in
respect of which the Company or any of its ERISA Affiliates could have liability under Section 4064
or 4069 of ERISA in the event such plan has been or were to be terminated.




          “Net Proceeds” means, with respect to any Disposition of assets, the gross proceeds thereof
(including any such proceeds received by way of deferred payment, installment, price adjustment or
otherwise), whether in cash or otherwise, net of any taxes paid or reasonably estimated to be paid
as a result thereof (after taking into account any available tax credits or deductions applicable
thereto).




          “NRSRO” means any credit rating agency that is recognized as a Nationally Recognized
Statistical Rating Organization by the U.S. Securities and Exchange Commission.




          “OATT” means, at any given time, the open access transmission tariff of MISO that is
applicable to the Company, approved by the FERC and then in effect.




          “PBGC” means the Pension Benefit Guaranty Corporation established pursuant to Subtitle A of
Title IV of ERISA, or any successor.




-11-









 








          “Permitted Additional Senior Secured Debt” has the meaning assigned to that term in Section
3.02(d).




          “Plan” means an “employee benefit plan” as defined in Section 3(3) of ERISA that is subject to
Title IV of ERISA or is subject to Section 412 of the Code, other than a Multiemployer Plan, which
is maintained, sponsored or contributed to, by the Company or any of its ERISA Affiliates.




          “Property” means any right or interest in or to assets or property of any kind whatsoever,
whether real, personal or mixed and whether tangible or intangible.




          “Purchase Agreement” means that certain Bond Purchase Agreement, to be dated as of December
17, 2009, between the Company and the Initial Bondholders.




          “Rate Base Assets” means assets of the Company which are included in FERC’s determination of
the Company’s revenue requirement under the OATT.




          “Reputable Insurer” means any financially sound and responsible insurance provider permitted
to do business in the State of Michigan rated “A” or better by A.M. Best Company (or if such
ratings cease to be published generally for the insurance industry, meeting comparable financial
standards then applicable to the insurance industry).




          “Responsible Officer”, when used with respect to the Company, means any Senior Financial
Officer or any vice president of the Company or Holdco and any other officer of the Company or
Holdco with responsibility for the administration of the relevant Financing Agreement, or portion
thereof.




          “S&P” means Standard & Poor’s Ratings Services, a division of the McGraw-Hill Companies, Inc.,
or any successor thereto.




          “Senior Financial Officer” means the chief financial officer, principal accounting officer,
treasurer, comptroller or any vice president of Holdco.




          “Senior Secured Debt” means (i) the Bonds, (ii) the 6.150% First Mortgage Bonds, Series A due
2038 issued pursuant to the Indenture, (iii) the 7.12% First Mortgage Bonds, Series B due 2017
issued pursuant to the Indenture, (iv) the 7.27% First Mortgage Bonds, Series C due 2020 issued
pursuant to the Indenture, (v) other Securities Outstanding issued pursuant to the Indenture and
(vi) Permitted Additional Senior Secured Debt.




          “Subordinated Debt” means unsecured Debt of the Company fully subordinated in right of payment
to the Bonds and other Senior Secured Debt substantially on the terms set forth in Exhibit
B attached hereto.




          “Synthetic Leases” means any synthetic lease, tax retention operating lease, off-balance sheet
loan or similar off-balance sheet financing product, where such transaction is considered debt for
borrowed money for tax purposes but is classified as an operating lease in accordance with GAAP.




-12-









 








          “Total Loss” means (a) a permanent, total loss of a substantial portion of the Transmission
System as a result of any event which causes all or a material portion of the Transmission System
to be damaged, destroyed or rendered unfit for normal use for any reason whatsoever or (b) a
substantial portion of the Transmission System is condemned, nationalized, seized, compulsorily
acquired or otherwise expropriated by any Governmental Authority under power of eminent domain or
otherwise.




          “Total Secured Amount” shall have the meaning assigned to that term in Section 5.10.




          “Transmission Documents” shall have the meaning assigned to such term in the Purchase
Agreement.




          “Transmission System” means the transmission lines and towers; substations; switching stations
and substations; circuit breakers; and all such other necessary facilities used for providing
transmission service; in each case, owned by the Company.




ARTICLE TWO




TITLE, FORM AND TERMS AND CONDITIONS OF THE BONDS




               Section 2.01. The Bonds.




          (a) The Securities of this series to be issued under the Mortgage Indenture pursuant to this
Fourth Supplemental Indenture shall be designated as “4.60% First Mortgage Bonds, Series D due
2024” (the “Bonds”) and shall be Securities issued under the Mortgage Indenture.




          (b) The Trustee shall authenticate and deliver Bonds for original issue (i) on the date of the
December Closing, in the aggregate principal amount of $35,000,000 and (ii) on the date of the
February Closing, in the aggregate principal amount of $40,000,000, in each case, upon a Company
Order for the authentication and delivery thereof pursuant to Section 4.01 of the Mortgage
Indenture.




          (c) Interest on the Bonds shall be payable to the Persons in whose names such Bonds are
registered at the close of business on the Regular Record Date for such interest (as specified in
subsection (v) below), except as otherwise expressly provided in the form of such Bonds attached
hereto as Exhibit C.




          (d) The Bonds shall mature and the principal thereof shall be due and payable together with
all accrued and unpaid interest thereon on December 17, 2024.




          (e) The Bonds shall bear interest at the rate of 4.60% per annum; provided that, to the extent
permitted by law, any overdue payment (including any overdue prepayment) of principal, any overdue
payment of interest and any overdue payment of any Make-Whole Amount shall bear interest at a rate
per annum from time to time equal to the greater of (x) 6.60% and (y) 2.00% over the rate of
interest publicly announced by JPMorgan Chase Bank, N.A. from time to time in New York, New York as
its “base” or “prime” rate. Interest shall




-13-









 







accrue on each Bond from the date of the applicable Closing, or the most recent date to which
interest has been paid or duly provided for. The Interest Payment Dates for the Bonds shall be
June 30 and December 30 in each year, commencing June 30, 2010, and the Regular Record Dates with
respect to the Interest Payment Dates for the Bonds shall be the 15th calendar day preceding each
Interest Payment Date (whether or not a Business Day); provided, however that interest payable at
Maturity will be payable to the Bondholder to whom principal is payable.




          (f) Subject to Section 2.02, the office or agency of the Trustee in New York, New York, which
as of the date hereof is located at c/o The Bank of New York Mellon, Trust Services Window, 101
Barclay Street, New York, New York 10286, shall be the place at which the principal of and
Make-Whole Amount, if any, and interest on the Bonds shall be payable. The office or agency of the
Trustee in New York, New York, which as of the date hereof is located at c/o The Bank of New York
Mellon, Trust Services Window, 101 Barclay Street, New York, New York 10286, shall be the place at
which registration of transfer of the Bonds may be effected; and The Bank of New York, N.A. shall
be the Security Registrar and the Paying Agent for the Bonds; provided, however, that the Company
reserves the right to designate, by one or more Officer’s Certificates, its principal office in
Novi, Michigan as any such place or itself as the Security Registrar; provided, however, that there
shall be only a single Security Registrar for the Bonds.




          (g) The Bonds shall be issuable in registered form in denominations of at least $250,000 or
any integral multiple thereof.




          (h) All payments of the principal of and Make-Whole Amount, if any, and interest on the Bonds
shall be made in such coin or currency of the United States of America as at the time of payment
shall be legal tender for the payment of public and private debts.




          (i) The Bonds shall not be defeasible pursuant to Sections 9.04(b) or (c) of the Indenture and
such Sections of the Indenture shall not apply to the Bonds.




          (j) The Bonds shall have such other terms and provisions as are provided in the form thereof
attached hereto as Exhibit C, and shall be issued in substantially such form.




               Section 2.02. Payment on the Bonds.




          (a) Subject to Section 2.02(b), payments of principal, Make-Whole Amount, if any, and interest
becoming due and payable on the Bonds shall be made at the Place of Payment designated in Section
2.01(f) or such place as the Company may at any time, by notice, specify to each Bondholder, so
long as such Place of Payment shall be either the principal office of the Company or the principal
office of a bank or trust company in New York, New York.




          (b) So long as any Initial Bondholder or its nominee shall be a Bondholder, and
notwithstanding anything contained in the Indenture, Section 2.02(a) or in such Bond to the
contrary, the Company will pay all sums becoming due on such Bond for principal, Make-Whole Amount,
if any, and interest by the method and at the address specified for such purpose below such Initial
Bondholder’s name in Schedule A to the Purchase Agreement, or by such other method or at such other
address as such Initial Bondholder shall have from time to time specified to the Company and the
Trustee in writing for such purpose in accordance with the Purchase





-14-









 







Agreement, without the presentation or surrender of such Bond or the making of any notation
thereon, except that concurrently with or reasonably promptly after payment or redemption in full
of any Bond, such Initial Bondholder shall surrender such Bond for cancellation to the Company at
its principal office or at the Place of Payment most recently designated by the Company pursuant to
Section 2.02(a). Prior to any sale or other disposition of any Bond held by such Initial
Bondholder or its nominee such Initial Bondholder will, at its election, either endorse thereon the
amount of principal paid thereon and the last date to which interest has been paid thereon or
surrender such Bond to the Company in exchange for a new Bond or Bonds pursuant to Section 3.05 of
the Indenture; provided, that a transfer by endorsement shall not constitute a registration of
transfer for purposes of the Indenture and the Trustee and any agent of the Trustee shall be
entitled to the protections of Section 3.08 of the Indenture with respect to any Bond, the transfer
of which has not been so registered. The Company will afford the benefits of this Section 2.02(b)
to any Institutional Investor that is the direct or indirect transferee of any Bond purchased by
such Initial Bondholder under the Indenture. The Company agrees and acknowledges that the Trustee
shall not be liable for any Bondholder’s failure to perform its obligations under this Section
2.02(b). Each Initial Bondholder and any such Institutional Investor by its purchase of its Bond
agrees to indemnify the Trustee for, and to hold it harmless against, any loss, liability or
expense incurred without negligence, willful misconduct or bad faith on its part, arising out of or
in connection with such Bondholder’s or Institutional Investor’s failure to comply with the
provisions of this Section 2.02(b), including the costs and expenses of defending itself against
any claim or liability in connection therewith, such indemnity to survive the payment of such Bonds
and the resignation or removal of the Trustee.




          (c) Notwithstanding anything to the contrary in Section 1.18 of the Mortgage Indenture, if the
Stated Maturity or any Redemption Date of the Bonds shall not be a Business Day at any Place of
Payment, then (notwithstanding any other provision of the Mortgage Indenture or this Fourth
Supplemental Indenture) payment of interest on or principal (and premium, if any) of the Bonds due
at the Stated Maturity or on any Redemption Date thereof need not be made at such Place of Payment
on such date, but may be made on the next succeeding Business Day at such Place of Payment with the
same force and effect as if made on the Stated Maturity or on any Redemption Date thereof, provided
that interest shall accrue on the outstanding principal amount of the Bonds due at the Stated
Maturity or on any Redemption Date thereof at the rate set forth in the Bonds until the date of
actual payment.




               Section 2.03. Mandatory Redemption of the Bonds.




          Pursuant to Section 5.01 of the Mortgage Indenture, in the event that any one or more
Dispositions during any consecutive 12-month period (except Dispositions permitted under Section
3.02(b)(i) or (ii)) yield Net Proceeds in excess of 10% of the Fair Value of the Mortgaged Property
as of the last day of the fiscal quarter of the Company most recently ended, in the aggregate, the
Net Proceeds of such Disposition or Dispositions shall be used for the mandatory redemption of the
Bonds, and/or the redemption or prepayment of other Senior Secured Debt in accordance with its
terms, on a date which is no more than nine months following a Disposition that, when aggregated
with any other Dispositions, requires compliance with this Section 2.03 unless (x) during the nine
month period immediately preceding the date of




-15-









 







such Disposition, the Company Invested in any Rate Base Assets in which case an amount of such
Net Proceeds equal to the excess, if any, of (A) the total aggregate amount of all such Investments
made during such preceding nine month period (excluding, however, the amount of any Investments
made pursuant to clause (b) of the definition of “Investment” that were not expended for Rate Base
Assets during such nine month period) over (B) the aggregate amount of Debt incurred by the Company
(which, with respect to any Debt incurred under any permitted credit facility of a revolving
nature, shall be calculated on a net basis after taking into account any borrowings, prepayments,
repayments, reborrowings or other extensions of credit made by or in favor of the Company
thereunder), in each case, during such preceding nine month period, need not be applied to such
redemption or prepayment, as the case may be, or (y) during the nine month period following the
date of such Disposition, the Company shall Invest in Rate Base Assets, in which case an amount of
such Net Proceeds so Invested during such following nine month period need not be applied to such
redemption or prepayment, as the case may be; provided, however, that in the event that any such
amounts referred to in this clause (y) Invested pursuant to clause (b) of the definition of
“Investment” are not expended for Rate Base Assets within a period of six months from the end of
such following nine month period, any such amounts not so expended shall be used for the mandatory
redemption of the Bonds, and/or the redemption or prepayment of other Senior Secured Debt in
accordance with its terms, on a date not later than the last day of such six month period. Any
redemption of the Bonds pursuant to this Section 2.03 shall be made (i) at a Redemption Price equal
to the principal amount of the Bonds being redeemed and shall be accompanied by payment of accrued
and unpaid interest on the principal amount of the Bonds so redeemed to the redemption date and a
Make-Whole Amount and (ii) in accordance with the procedures for optional redemption set forth in
Section 2.04(b) below. Notwithstanding anything to the contrary in this Section 2.03, any amounts
utilized pursuant to clauses (x) or (y) above to reduce the amount of Net Proceeds required to be
applied to redemption of the Bonds and/or redemption or prepayment of other Senior Secured Debt in
accordance with its terms may be utilized no more than once with respect to the Net Proceeds of any
one or more Dispositions occurring in any consecutive twelve month period.




               Section 2.04. Optional Redemption.




          (a) Pursuant to Section 5.01 of the Mortgage Indenture, the Bonds may be redeemed at the
option of Company, in whole or in part, at any time or from time to time at a Redemption Price
equal to the principal amount of such Bonds plus the Make-Whole Amount plus accrued and unpaid
interest thereon to the redemption date; provided, however, that if the Bonds are redeemed in part,
the Bonds shall not be redeemed in an amount less than $5,000,000 of the aggregate principal amount
of the Bonds then Outstanding.




          (b) Notwithstanding anything to the contrary in Article V of the Mortgage Indenture, the
redemption of the Bonds shall take place in accordance with the procedures and requirements set
forth in this Section 2.04(b), without prejudice to the requirements of Section 5.02 (which shall
for purposes of this Fourth Supplemental Indenture also be applicable to a redemption under Section
2.03) and Sections 5.05 and 5.06 of the Mortgage Indenture. The Company (or the Security
Registrar, if so requested pursuant to Section 5.04 of the Mortgage Indenture) shall give each
Bondholder written notice of each optional redemption under this Section 2.04, or a mandatory
redemption under Section 2.03, as the case may be, not less than 30 days and not more than 60 days
prior to the date fixed for such redemption. Each such notice




-16-









 







shall specify such date, the aggregate principal amount of the Bonds to be redeemed on such
date, the principal amount of each Bond held by such Bondholder to be redeemed (determined in
accordance with Section 2.04(c)) and the interest to be paid on the redemption date with respect to
such principal amount being redeemed, and shall be accompanied by a certificate of a Senior
Financial Officer as to the estimated Make-Whole Amount due in connection with such redemption
(calculated as if the date of such notice were the date of the redemption), setting forth the
details of such computation. Two Business Days prior to such redemption, the Company shall deliver
to each Bondholder and the Trustee a certificate of a Senior Financial Officer specifying the
calculation of such Make-Whole Amount as of the specified redemption date. The Trustee shall have
no responsibility for such calculation. Each notice of redemption shall be irrevocable and
unconditional and the principal amount of each Bond to be redeemed shall mature and become due and
payable on the date fixed for such redemption (which shall be a Business Day), together with
interest on such principal amount accrued to such date and the applicable Make-Whole Amount. From
and after such date, unless the Company shall fail to pay such principal amount when so due and
payable, together with the interest and Make-Whole Amount, if any, as aforesaid, interest on such
principal amount shall cease to accrue. Any Bond redeemed in full shall be surrendered (as
contemplated by Section 2.02(b)) to the Company and cancelled and shall not be reissued, and no
Bond shall be issued in lieu of any redeemed principal amount of any Bond.




          (c) Notwithstanding anything to the contrary in Article V of the Mortgage Indenture, in the
case of each partial redemption of the Bonds pursuant to Section 2.04(b), the Company shall redeem
the same percentage of the unpaid principal amount of the Bonds, and the principal amount of the
Bonds so to be redeemed shall be allocated by the Trustee among all of the Bonds at the time
Outstanding in proportion, as nearly as practicable, to the respective unpaid principal amounts
thereof not theretofor called for redemption.




               Section 2.05. Purchase of Bonds.




          Except as may be agreed to by a Bondholder or Bondholders in connection with an offer made to
all Bondholders on the same terms and conditions, the Company shall not and shall not permit any
Affiliate to purchase, redeem or otherwise acquire, directly or indirectly, any of the Outstanding
Bonds except upon the payment or redemption of the Bonds in accordance with the terms of the
Indenture. The Company will promptly cause the Trustee to cancel all Bonds acquired by it or any
Affiliate pursuant to any payment, redemption or purchase of Bonds pursuant to any provision of the
Indenture and no Bonds may be issued in substitution or exchange for any such Bonds.




               Section 2.06. Payment upon Event of Default.




          Upon any Bonds becoming due and payable under Section 10.02 of the Indenture, whether
automatically or by declaration, such Bonds will forthwith mature and the entire unpaid principal
amount of such Bonds, plus (x) all accrued and unpaid interest thereon (including, without
limitation, interest accrued thereon at the applicable rate for overdue payments) and (y) the
Make-Whole Amount determined in respect of such principal amount (to the full extent permitted by
applicable Law), shall all be immediately due and payable, in each and every case without
presentment, demand, protest or further notice, all of which are hereby waived. The




-17-









 







Company acknowledges that each holder of a Bond has the right to maintain its investment in
the Bonds free from repayment by the Company (except as herein specifically provided for) and that
the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds have
become due and payable under Section 10.02 of the Indenture, whether automatically or by
declaration, as a result of an Event of Default, is intended to provide compensation for the
deprivation of such right under such circumstances.




               Section 2.07. Transfers.




          In registering the transfer of any Bond in accordance with Section 3.05 of the Mortgage
Indenture, the Security Registrar and the Trustee shall have no responsibility to monitor
securities law compliance in connection with any such transfer.




ARTICLE THREE




ADDITIONAL COVENANTS




               Section 3.01. Affirmative Covenants of the Company.




          For purposes of the Bonds, pursuant to Section 3.01(u) of the Mortgage Indenture, Article VI
of the Mortgage Indenture is hereby supplemented by incorporating therein the following additional
affirmative covenants which the Company shall observe solely for the benefit of the Bondholders for
so long as any Bond is Outstanding:




          (a) Use of Proceeds. The Company shall apply the net proceeds from the issuance and
sale of the Bonds to (i) refinance existing indebtedness, partially fund capital expenditures and
for general corporate purposes, and (ii) pay reasonable fees and expenses associated with the sale
of the Bonds.




          (b) Compliance with Laws and Regulations. The Company shall comply with all Laws
(including Environmental Laws) to which its Property or assets may be subject, except where failure
to comply would not, individually or in the aggregate, reasonably be expected to result in a
Material Adverse Effect. In addition, the Company shall immediately pay or cause to be paid when
due all costs and expenses incurred in such compliance, except to the extent that the same is being
contested in good faith by the Company through appropriate means under circumstances where none of
the Mortgaged Property or the Liens thereon will be endangered.




          (c) Permits; Approvals. The Company shall obtain in a timely manner and maintain all
Governmental Approvals which are necessary or desirable for the ownership or operation of its
Property or the conduct of its business as so conducted, except where failure to obtain or maintain
such Governmental Approvals would not, individually or in the aggregate, reasonably be expected to
have a Material Adverse Effect.




          (d) Real Estate Filings. To the extent that any filing required to perfect any
security interest in real property or fixtures constituting Mortgaged Property is not made on or
prior to the date of the December Closing, the Company shall undertake to present all such
documents for filing with the appropriate registers of deeds as soon as practicable after the date
of the December Closing, but in no event shall any such presentation for filing take place more




-18-









 







than five (5) Business Days after the date of the December Closing; provided that the Company
shall confirm by an Officer’s Certificate delivered to the Trustee within six (6) weeks after the
date of the December Closing that each such document has been recorded with the applicable
registers of deeds and the security interests created or purported to be created in real property
or fixtures by such documents have been fully perfected by recording in the land records.




          (e) Delivery of Opinions of Counsel. The Company shall deliver, or cause to be
delivered, to the Trustee the opinions of counsel required pursuant to Section 4.4(a) of the
Purchase Agreement.




          (f) Continuance of Rating of the Bonds. The Company shall ensure that at all times at
least one NRSRO maintains a rating on the Company’s 6.150% First Mortgage Bonds, Series A due 2038
issued pursuant to the Indenture.




          (g) Maintenance and Renewal.




          (i) The Company will expend during each calendar year, and certify to the Trustee in an
Officer’s Certificate, an amount not less than 2.00% of the average amount of depreciable property
of the Company at the beginning and at the end of such calendar year for one or more of the
following purposes:




          (A) capital expenditures for the maintenance and repair of the
utility properties of the Company subject to the Lien of the Indenture;




          (B) the construction or acquisition of Property Additions on which
the Indenture is a first Lien, subject only to Permitted Liens and Prepaid
Liens; or




          (C) the retirement, through purchase, payment or redemption, of
Securities issued under and secured by the Indenture (including any future
supplemental indenture pursuant to the Mortgage Indenture).




          (ii) The term “amount of depreciable property” shall mean as of any date the amount of
Property Additions included at such date on the books of the Company which is depreciable, as
determined in accordance with GAAP. The average of the amount of depreciable property shall mean
the arithmetical average of the amount of depreciable property at the beginning, and the amount
thereof at the end, of such calendar year. Partial years shall be prorated. If, in any calendar
year, the required expenditures for the foregoing purposes are not made, the Company shall deposit
with the Trustee on or before the first day of February next succeeding the close of such calendar
year a sum in cash to the extent of any deficiency, after deducting (subject to the terms of the
Indenture) any eligible credit for unused excess expenditures previously made for such purposes.
Such cash may be applied to the redemption at the applicable Redemption Price, or to the
repurchase, of Securities, or may be withdrawn to the extent of 100% of Property Additions.




          (iii) Excess expenditures in any calendar year may be used to comply with the requirements of
any subsequent year or years and Property Additions may be certified to comply with the provisions
of clause (i)(B) above; provided, that Property Additions so used, and





-19-











 





Securities retired through expenditures so used, cannot be used for other purposes under this
Fourth Supplemental Indenture; provided, further that, (i) no Retired Securities or expenditures
for Funded Property which shall have been made the basis for authentication of Securities or the
release of Mortgaged Property or the withdrawal of deposited cash or Securities or any other
amounts under any other provision of the Indenture, or which shall have been made out of any
insurance moneys or moneys received from the condemnation, sale or other disposition of any of the
Company’s property subject to the Lien of the Indenture, or which shall have previously been used
or applied or certified to the Trustee to comply with this Section 3.01(g) or any other provision
of the Indenture and (ii) no retirement of Securities which shall have been made with moneys
applied to such purpose pursuant to any provision of this Section 3.01(g) or of Section 4.04 or
8.06 of the Mortgage Indenture, shall be certified or used or applied for the purpose of complying
with this Section 3.01(g) or withdrawing any moneys paid to the Trustee pursuant to this Section
3.01(g). This Section 3.01(g) shall not require the annual retirement by the Company of any
specific amount of Outstanding Securities.




          (iv) On or before the first day of February of each year beginning February 1, 2010, the
Company shall deliver to the Trustee an Officer’s Certificate showing in reasonable detail: (1)
the Company’s expenditures pursuant to each of clause (i) above, or otherwise deposited with the
Trustee pursuant to this Section 3.01(g), (2) any eligible credit for excess expenditures from
prior periods and the extent to which the Company elects to have such excess applied to the period
next preceding delivery of such Officer’s Certificate, and (3) the amount of cash the Company is
depositing with the Trustee concurrently with the delivery of such Officer’s Certificate to comply
with the requirements of this Section 3.01(g). Such Officer’s Certificate shall also state that it
complies with the requirements of this Section 3.01(g).




          (v) At the option of the Company, any moneys paid to and held by the Trustee under the
provisions of subclause (ii) of this Section shall, upon the written request of the Company
pursuant to an Officer’s Certificate, (1) be applied by the Trustee to the purchase in the open
market of Securities of any series permitted to be so purchased, at prices not exceeding the then
applicable Redemption Price, if any, at which Securities of said series may then be redeemed or (2)
be paid to or upon the order of the Company to the extent of (A) the principal amount of Securities
of said series purchased or paid by the Company and delivered to the Trustee, cancelled or for
cancellation and (B) the accrued interest and the premium, if any, theretofore paid to the Trustee,
as hereinabove provided, on such principal amount of Securities. The Company hereby covenants and
agrees that it will pay to the Trustee from time to time in cash such additional sums, if any, as
shall be paid or required to be paid by the Trustee as or for accrued interest and premium, if any,
in respect of any Securities purchased or redeemed pursuant to the provisions of this Section.




          (vi) Any and all Securities, the retirement (through payment or purchase) of which shall be
certified to the Trustee in compliance with the provisions of this 3.01(g), shall be delivered to
the Trustee at or before the time the same shall be so certified and shall thereupon be cancelled
and destroyed by the Trustee, unless theretofore cancelled and destroyed. All other Securities
received by the Trustee pursuant to any provision of this 3.01(g) shall thereupon be cancelled and
destroyed by the Trustee.




-20-









 








                    Section 3.02. Negative Covenants of the Company.



          For purposes of the Bonds, pursuant to Section 3.01(u) of the Mortgage Indenture, Article VI
of the Mortgage Indenture is hereby supplemented by incorporating therein the following negative
covenants which the Company shall observe solely for the benefit of the Bondholders for so long as
any Bond is Outstanding:




          (a) Restrictions on the Establishment of Subsidiaries. The Company shall not create,
acquire or suffer to exist, directly or indirectly, any Subsidiaries or acquire or invest in any
other Capital Stock in any Person.




          (b) Limitations on Asset Sales. The Company shall not Dispose of all or any
substantial part of its assets during any fiscal year, other than:





          (i) Subject to compliance with Article VIII of the Mortgage Indenture, Dispositions in
the ordinary course of business of obsolete or worn out Property and real estate interests
not needed for the Company for its Transmission System or for the conduct of its business;




          (ii) Dispositions of assets that would be permitted under Article XIII of the Mortgage
Indenture; or




          (iii) Subject to compliance with Article VIII of the Mortgage Indenture, any other
Disposition of assets; provided, that in the event the Net Proceeds of all such Dispositions
during any consecutive 12-month period are in excess of 10% of the Fair Value of the
Mortgaged Property as of the last day of the fiscal quarter of the Company most recently
ended, in the aggregate, such Net Proceeds shall be applied in accordance with the terms and
conditions of Section 2.03.



          (c) Hedging Agreements. The Company shall not, at any time, enter into (i) any
Hedging Agreement for speculative purposes or (ii) any Hedging Agreement if the obligations of the
Company relating thereto would not be reflected in the calculation of the Company’s revenue
requirement to be collected under the OATT.




          (d) Limitations on Liens. The Company shall not create, incur, assume or suffer to
exist any Lien upon any of the Company’s Property, whether now owned or hereafter acquired, other
than Permitted Liens; provided that, the Company shall not create, incur, assume or suffer to exist
any Lien securing indebtedness under the Revolving Credit Agreement under clause (v) of the
definition of Permitted Liens unless the Securities are secured on a equal and ratable basis
pursuant to documentation reasonably satisfactory to the Trustee (and the Trustee shall be entitled
to receive an Opinion of Counsel to evidence the satisfaction of such condition) (any such secured
indebtedness, “Permitted Additional Senior Secured Debt”).




          (e) Limitation on Lines of Business. As of the date of the December Closing, the
Company is in the business of owning transmission facilities and providing transmission service
over such facilities. From the date of the December Closing onward, the Company shall not engage
in any business, if as a result, the general nature of the business engaged in by the




-21-









 







Company taken as a whole would be substantially changed from the general nature of the
business the Company is engaged in on the date of the December Closing.




          (f) Limitation on Transactions with Affiliates. The Company shall not enter into any
Material transaction with any Affiliate, except (i) in the ordinary course of business and (ii) on
terms and conditions (A) no less favorable than would be obtainable in a comparable arms-length
transaction negotiated in good faith with a Person that is not an Affiliate and (B) consistent with
applicable FERC policy regarding Affiliate transactions.




          (g) Limitation on Sale-Lease and Lease-Leaseback Transactions. The Company shall not
enter into any sale-leaseback or lease-leaseback transaction involving any of its Properties
whether now owned or hereafter acquired, whereby the Company sells, otherwise transfers or leases
such Properties and then or thereafter leases or subleases such Properties or any part thereof or
any other Properties which the Company intends to use for substantially the same purpose or
purposes as the Properties sold, otherwise transferred or leased.




          (h) Amendments to Exhibit B Hereto. The Company shall not make any amendments or
changes to the subordination terms and conditions set forth in Exhibit B hereto that adversely
affect the Bondholders without the prior consent of the Bondholders of all the Outstanding Bonds.




ARTICLE FOUR




ADDITIONAL EVENTS OF DEFAULT; REMEDIES




               Section 4.01. Events of Default.



          For purposes of the Bonds, pursuant to Section 3.01(u) of the Mortgage Indenture, Section
10.01 of the Mortgage Indenture shall be supplemented to include as “Events of Default” thereunder
the occurrence of any of the following events (each such event, together with those “Events of
Default” in Section 10.01 of the Mortgage Indenture, an “Event of Default”):




          (a) Interest Payments. The Company shall fail to pay interest, if any, on any
Security within five (5) days after the same becomes due and payable;




          (b) Material Covenants. The Company shall fail to perform or observe any covenant set
forth in Section 3.02 or its obligation to provide notice to the Bondholders under Section 7.1(c)
of the Purchase Agreement and such failure is not cured within ten (10) days;




          (c) Other Covenants. The Company shall fail to perform or observe any of its
obligations or covenants (other than the covenants described in Section 4.01(a) or Section 4.01(b)
or in Section 10.01(b) of the Mortgage Indenture) contained in any of the Financing Agreements,
including Section 7 of the Purchase Agreement (or in any modification or supplement thereto), and
such failure is not cured within 30 days after the earlier to occur of (i) a Responsible Officer of
the Company obtaining actual knowledge of such failure and (ii) the Company receiving notice of
such failure from the Trustee or any Bondholder in accordance with the terms of the Mortgage
Indenture or the Purchase Agreement;




-22-









 








          (d) Representations. Any representation, warranty or certification by the Company in
any of the Financing Agreements or in any certificate furnished to the Trustee or any Bondholder
pursuant to the provisions of this Fourth Supplemental Indenture or any other Financing Agreement
shall prove to have been false in any Material respect as of the time made or furnished, as the
case may be, provided that this Section 4.01(d) shall apply to the Officer’s Certificate delivered
pursuant to the second paragraph of Section 4.1 of the Purchase Agreement only if Bonds are issued
at the February Closing;




          (e) Debt.





          (i) The Company shall be in default in the payment of any principal, premium, including
any make-whole amount, if any, or interest on any Debt (other than Subordinated Debt) in the
aggregate principal amount of $10,000,000 or more beyond the expiration of any applicable
grace or cure period relating thereto;




          (ii) The Company shall be in default in the performance or compliance with any term
(other than those referred to in Section 4.01(e)(i)) of any agreement or instrument
evidencing any Debt (other than Subordinated Debt) in the aggregate principal amount of
$10,000,000 or more or any other document relating thereto or any condition exists and, as a
consequence, such Debt has become or has been declared (or the holder or beneficiary of such
Debt or a trustee or agent on behalf of such holder or beneficiary is entitled to declare
such Debt to be) due and payable before its stated maturity or before its regularly
scheduled dates of payment; or




          (iii) As a consequence of the occurrence or continuation of any event or condition
(other than the passage of time or the right of the holder of Debt to convert such Debt into
equity interests), other than as provided in Section 2.03 or Section 2.04 or Section 5.01 of
the Mortgage Indenture, (x) the Company shall have become obligated to purchase or repay any
Debt before its regularly scheduled maturity date in the aggregate principal amount of
$10,000,000 or more or (y) one or more Persons have the right to require such Debt to be
purchased or repaid;



          (f) Judgments. Any judgment or judgments for the payment of money in excess of
$10,000,000 (or its equivalent in any other currency) in the aggregate by the Company, which is, or
are, not covered by insurance, shall be rendered by one or more courts, administrative tribunals or
other bodies having jurisdiction over the Company and the same shall not be discharged (or
provision shall not be made for such discharge), bonded or a stay of execution thereof shall not be
procured, within 60 days from the date of entry thereof and the Company shall not, within said
period of 60 days, or such longer period during which execution of the same shall have been stayed,
appeal therefrom and cause the execution thereof to be stayed during such appeal;




          (g) Transmission System. The Company shall directly or indirectly terminate
transmission service over all or a significant portion of the Transmission System or cease to
pursue the operation of the Transmission System for a period in excess of 30 days;




-23-









 








          (h) Transmission Documents. Any Material Transmission Document shall have been
terminated prior to its stated termination date and such termination has, or would reasonably be
expected to have, a Material Adverse Effect;




          (i) Security Interests. Subject to Section 3.01(d), the Company shall fail to perfect
and maintain a valid and perfected first priority Lien in any part of the Mortgaged Property, to
the extent such perfection can be accomplished by filing;




          (j) Repudiation. Any provision (i) of any Financing Agreement shall be repudiated by
the Company or (ii) of any Financing Agreement for any reason other than the express terms thereof
cease to be enforceable and such repudiation or unenforceability shall not be remedied within 30
days;




          (k) Total Loss. There shall occur a Total Loss;




          (l) ERISA. Any ERISA Event shall have occurred and the liability of the Company and
the ERISA Affiliates related to such ERISA Event, when aggregated with all other ERISA Events
(determined as of the date of occurrence of such ERISA Event), has resulted in or would reasonably
be expected to result in a Material Adverse Effect; or




          (m) Holdco Ownership. Holdco either directly or indirectly shall cease to own 100% of
the Capital Stock of the Company.




               Section 4.02. Acceleration of Maturity; Rescission and Annulment.



          For purposes of the Bonds, pursuant to Section 3.01(u) of the Mortgage Indenture, Section
10.02 of the Mortgage Indenture shall be supplemented as follows:




          (a) Acceleration of Maturity. In addition to the provisions set forth in Section
10.02 of the Mortgage Indenture, if an Event of Default arising from the failure to pay principal
of, or interest on, or any Make-Whole Amount relating to the Bonds shall have occurred and be
continuing, then in every such case each Holder of Bonds may declare the principal amount of the
Bonds held by it to be due and payable immediately, by a notice in writing to the Company and to
the Trustee, and upon receipt by the Company or the Trustee of such notice of such declaration,
such principal amount, together with Make-Whole Amount and accrued interest, if any, thereon
(including, without limitation, interest accrued thereon at the applicable rate for overdue
payments), shall become immediately due and payable.




          (b) Rescission and Annulment. In addition to the conditions for the rescission and
annulment of any Event of Default set forth in the second paragraph of Section 10.02 of the
Mortgage Indenture, no such Event of Default shall be deemed to have been rescinded and annulled
with respect to the Bonds unless the Holders of not less than a majority in aggregate principal
amount of the Bonds then Outstanding, by Act of said Holders delivered to the Company and the
Trustee, consent to such rescission and annulment.




-24-









 








ARTICLE FIVE




MISCELLANEOUS PROVISIONS




               Section 5.01. Execution of Fourth Supplemental Indenture.



          Except as expressly amended and supplemented hereby, the Mortgage Indenture shall continue in
full force and effect in accordance with the provisions thereof and the Mortgage Indenture is in
all respects hereby ratified and confirmed. This Fourth Supplemental Indenture and all of its
provisions shall be deemed a part of the Mortgage Indenture in the manner and to the extent herein
and therein provided. The Bonds executed, authenticated and delivered under this Fourth
Supplemental Indenture constitute a series of Securities and shall not be considered to be a part
of a series of securities executed, authenticated and delivered under any other supplemental
indenture entered into pursuant to the Mortgage Indenture.




               Section 5.02. Effect of Headings.



          The Article and Section headings herein are for convenience only and shall not affect the
construction hereof.




               Section 5.03. Successors and Assigns.



          All covenants and agreements in this Fourth Supplemental Indenture by the Company shall bind
its successors and assigns, whether so expressed or not.




               Section 5.04. Severability Clause.



          In case any provision in this Fourth Supplemental Indenture or in the Bonds shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired thereby.




               Section 5.05. Benefit of Fourth Supplemental Indenture.



          Except as otherwise provided in the Mortgage Indenture, nothing in this Fourth Supplemental
Indenture or in the Bonds, express or implied, shall give to any person, other than the parties
hereto and their successors hereunder and the Bondholders, any benefit or any legal or equitable
right, remedy or claim under this Fourth Supplemental Indenture.




               Section 5.06. Execution and Counterparts.



          This Fourth Supplemental Indenture may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all such counterparts shall together constitute but
one and the same instrument.




-25-









 








               Section 5.07. Conflict with Mortgage Indenture.



          If any provision hereof limits, qualifies or conflicts with another provision of the Mortgage
Indenture, such provision of this Fourth Supplemental Indenture shall control, insofar as the
rights between the Company and the Bondholders are concerned.




               Section 5.08. Recitals.



          The recitals contained herein shall be taken as the statements of the Company, and the Trustee
assumes no responsibility for their correctness and makes no representations as to the validity or
sufficiency of this Fourth Supplemental Indenture.




               Section 5.09. Governing Law.



          This Fourth Supplemental Indenture shall be governed by and construed in accordance with the
law of the State of New York, except that (i) if this Fourth Supplemental Indenture shall become
qualified and shall become subject to the Trust Indenture Act, to the extent that the Trust
Indenture Act shall be applicable, this Fourth Supplemental Indenture shall be governed by and
construed in accordance with the Trust Indenture Act and (ii) if the law of any jurisdiction
wherein any portion of the Mortgaged Property is located shall govern the creation of a mortgage
lien on and security interest in, or perfection, priority or enforcement of the Lien of the
Indenture or exercise of remedies with respect to, such portion of the Mortgaged Property, this
Fourth Supplemental Indenture shall be governed by and construed in accordance with the law of such
jurisdiction to the extent mandatory.




               Section 5.10. Future Advances Secured.



          (a) Illinois Provisions. The Company acknowledges and agrees and intends that all
advances made to it pursuant to issuances hereunder of the Securities, including all future
issuances and advances related thereto whenever hereafter made, in an amount up to $75,000,000,
together with the amount of all prior advances pursuant to Securities issuances heretofore made
pursuant to the Mortgage Indenture, the First Supplemental Indenture, the Second Supplemental
Indenture and the Third Supplemental Indenture, for a combined total principal amount of
$325,000,000 plus interest thereon, and all fees, expenses and indemnities owing in respect of the
Securities and the Financing Agreements, and all disbursements made by or on behalf of the Trustee
for payment of taxes, levies, insurance or maintenance on the Mortgaged Property, with interest on
such disbursements (the sum of all such Outstanding Securities, interest, fees, expenses,
indemnities and disbursements is referred to as the “Total Secured Amount”), shall be a lien in the
Total Secured Amount from the time this Fourth Supplemental Indenture is recorded, as provided in
765 ILCS 5/39, et seq. for all amounts advanced prior to the date hereof and thereafter for the
period of eighteen (18) months after the date of recordation of this Fourth Supplemental Indenture,
except as amended hereby (in this Fourth Supplemental Indenture), the Mortgage Indenture, as
previously amended, is hereby restated, adopted, ratified and confirmed.




          (b) Minnesota Provisions. Subject to the provision of the Mortgage Indenture which
provides that notwithstanding anything to the contrary contained in the Mortgage Indenture
enforcement of the Mortgage Indenture in Minnesota is limited to a debt amount of




-26-









 







$1,720,000 under Chapter 287 of Minnesota Statutes, this Fourth Supplemental Indenture secures
credit in the amount of SEVENTY-FIVE MILLION DOLLARS ($75,000,000) together with the amount of all
prior advances pursuant to Securities issuances heretofore made pursuant to the Mortgage Indenture,
the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental
Indenture, for a total combined amount advanced of THREE HUNDRED TWENTY-FIVE MILLION DOLLARS
($325,000,000). Loans and advances up to this amount, together with interest, are senior to
indebtedness to other creditors under subsequently recorded or filed mortgages and liens.




          (c) Missouri Provisions. This Fourth Supplemental Indenture secures present credit in
the amount of SEVENTY-FIVE MILLION DOLLARS ($75,000,000) together with the amount of all prior
advances pursuant to Securities issuances heretofore made pursuant to the Mortgage Indenture, the
First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental
Indenture, for a total combined amount advanced of THREE HUNDRED TWENTY-FIVE MILLION DOLLARS
($325,000,000) together with future advances and obligations in an amount not to exceed FOUR
HUNDRED MILLION DOLLARS $400,000,000 for purposes of collateral located in the State of Missouri
only. The future advances and future obligations secured hereby may be evidenced not only by the
Securities herein described, but also such other notes, guarantees and other documents executed and
delivered by the Company to the Trustee or Bondholders subsequent to the date hereof provided that,
on the face or within the body thereof, such notes, guarantees or other documents state that they
are secured by this Mortgage Indenture. Loans and advances up to this amount, together with
interest, are senior to indebtedness to other creditors under subsequently recorded or filed
mortgages and liens.




-27-









 








          IN WITNESS WHEREOF, the parties hereto have caused this Fourth Supplemental Indenture to be
duly executed as of the day and year first above written.




	 	 	 	 	 
	 	ITC MIDWEST LLC

 	 
	 	By:  	ITC Holdings Corp., as Sole Member
 	 
	 	 	 	 
	 	 	 
	 	By:  	                                          /s/ Cameron M. Bready
 	 
	 	 	Name:  	Cameron M. Bready 	 
	 	 	Title:  	Senior Vice President, Treasurer and

Chief Financial Officer 	 
	 



Drafted by:




Mark A. Sternberg

Schiff Hardin LLP

233 South Wacker Drive

Chicago, IL 60606




After Recorded, Return to:




The Bank of New York Mellon Trust Company, N.A.

2 N. LaSalle, Suite 1020

Chicago, Illinois 60602

Attention: Global Corporate Trust




-28-









 





	 	 	 	 	 
	 	THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A.,
 as Trustee

 	 
	 	 	 	 	 
	 	By:  	/s/ M. Callahan
 	 
	 	 	Name:  	M. Callahan 	 
	 	 	Title:  	Vice President 	 



-29-









 






	 	 	 	 	 



	 	 	 	 	 	 
	ACKNOWLEDGMENT
	 	 	 	 	 
	 
	 	 	 	 	 
	STATE OF MICHIGAN

	 	)	 	 
	 

	 	)	 ss.	 	 
	COUNTY OF OAKLAND

	 	)	 	 	 	 






          On the 7 day of December 2009, before me, the undersigned notary public, personally came
Cameron M. Bready, the Senior Vice President, Treasurer and Chief Financial Officer of ITC Holdings
Corp., a corporation organized under the laws of the State of Michigan, the sole member of ITC
Midwest LLC, a limited liability company organized under the laws of the State of Michigan, and
acknowledged that he executed the foregoing instrument in his authorized capacity, and that by his
signature on the instrument he, or the entity upon behalf of which he acted, executed the
instrument.




	 	 	 	 	 
	 	 	 
	 	By:  	
/s/ Sandra K. Biggar
 	 
	 	 	Sandra K. Biggar, 	 
	 	 	Notary Public 	 
	 	 	Wayne County, Michigan

My Commission Expires June 22, 2015

Acting in the County of Oakland 	 



-30-









 







	 	 	 	 	 	 
	ACKNOWLEDGMENT
	 	 	 	 	 
	 
	 	 	 	 	 
	STATE OF ILLINOIS   )
	 	 	 	 	 
	)	 ss.	 	 	 	 
	
COUNTY OF COOK     )

	 	 	 	 	 	 






          On the 4th day of December 2009, before me, the undersigned notary public, personally
came M. Callahan, Vice President of The Bank of New York
Mellon Trust Company, N.A., a national banking association organized under the laws of the United
States, and acknowledged to me that she executed the foregoing instrument in her authorized
capacity, and that by her signature on the instrument she, or the entity upon behalf of which she
acted, executed the instrument.




	 	 	 	 	 
	 	 	 
	 	By:  	                                              /s/ T. Mosterd
 	 
	 	 	T. Mosterd 	 
	 	 	Notary Public State of Illinois

Qualified in Cook County

My Commission Expires January 22, 2013
 	 
	 




-31-











 





Schedule 1




          The recording information for the Mortgage Indenture, the First Supplemental Indenture, the
Second Supplemental Indenture and the Third Supplemental Indenture is as follows:



	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	First Supplemental	 	Second Supplemental	 	Third Supplemental
	County	 	State	 	Mortgage Indenture	 	Indenture	 	Indenture	 	Indenture
	Appanoose

	 	IA
	 	Doc. 2008-124 in

Book 2008; Page 124
	 	Doc. 2008-125 in

Book 2008; Page 125
	 	Doc. 2008-2717 in 

Book 2008; Page 2717
	 	Doc. 2008-2718 in

Book 2008; Page 2718
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Book 8; Page 291
	 	Book 8; Page 292
	 	Book 8; Page 5740
	 	Book 8; Page 5743
	 
	 	 	 	 	 	 	 	 	 	 
	Boone

	 	IA
	 	Doc. 080262 in

Book 2008; Page 0262
	 	Doc. 080263 in 

Book 2008; Page 0263
	 	Doc. 085535 in 

Book 2008; Page 5535
	 	Doc. 085536 in 

Book 2008; Page 5536
	 
	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Doc. 2008R00212
	 	Doc. 2008R00213
	 	Doc. 2008R04324
	 	Doc. 2008R04325
	 
	 	 	 	 	 	 	 	 	 	 
	Buena Vista

	 	IA
	 	Doc. 080166
	 	Doc. 080167
	 	Doc. 083608
	 	Doc. 083609
	 
	 	 	 	 	 	 	 	 	 	 
	Cerro Gordo

	 	IA
	 	Doc. 2008-391
	 	Doc. 2008-392
	 	Doc. 2008-8821
	 	Doc. 2008-8822
	 
	 	 	 	 	 	 	 	 	 	 
	Clarke

	 	IA
	 	Doc. 2008-0164 in

Book 175A; Page 1
	 	Doc. 2008-0165 in 

Book 175B; Page 1
	 	Doc. 2008-2747 in 

Book 104; Page 168
	 	Doc. 2008-2748 in 

Book 104; Page 240
	 
	 	 	 	 	 	 	 	 	 	 
	Clayton

	 	IA
	 	Doc. 2008R00197
	 	Doc. 2008R00198
	 	Doc. 2008R04287
	 	Doc. 2008R04288
	 
	 	 	 	 	 	 	 	 	 	 
	Clinton

	 	IA
	 	Doc. 2008-00537
	 	Doc. 2008-00538
	 	Doc. 2008-09202
	 	Doc. 2008-09203
	 
	 	 	 	 	 	 	 	 	 	 
	Dallas

	 	IA
	 	Doc. 823 in

Book 2008; Page 823
	 	Doc. 824 in 

Book 2008; Page 824
	 	Doc. 16507 in 

Book 2008; Page 16507
	 	Doc. 16508 in 

Book 2008; Page 16508
	 
	 	 	 	 	 	 	 	 	 	 
	Des Moines

	 	IA
	 	Doc. 2008-000259
	 	Doc. 2008-000260
	 	Doc. 2008-006411
	 	Doc. 2008-006412
	 
	 	 	 	 	 	 	 	 	 	 
	Dickinson

	 	IA
	 	Inst. 08-00303 in

Book 358; Page 1
	 	Inst. 08-00304 in 

Book 359; Page 1
	 	Inst. 08-07217 in 

Book 378; Page 81
	 	Inst. 08-07218 in 

Book 378; Page 153
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Doc. 005881650969

File 2008-00000799
	 	Doc. 005881660839

File 2008-00000800
	 	Doc. 006251360071

File 2008-00017283
	 	Doc. 006251370027

File 2008-00017284
	 
	 	 	 	 	 	 	 	 	 	 
	Emmet

	 	IA
	 	Doc. 2008-00133
	 	Doc. 2008-00134
	 	Doc. 2008-02245
	 	Doc. 2008-02246






 









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	First Supplemental	 	Second Supplemental	 	Third Supplemental
	County	 	State	 	Mortgage Indenture	 	Indenture	 	Indenture	 	Indenture
	Greene

	 	IA
	 	Doc. 2008-0120 in 

Book 182; Page 1
	 	Doc. 2008-0121 in 

Book 183; Page 1
	 	Doc. 2008-2215 in 

Book 186; Page 50
	 	Doc. 2008-2216 in 

Book 186; Page 121
	 
	 	 	 	 	 	 	 	 	 	 
	Grundy

	 	IA
	 	Book 2008; Page 0174
	 	Book 2008; Page 0175
	 	Book 2008; Page 2703
	 	Book 2008; Page 2704
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	Doc. 2008-151
	 	Doc. 2008-152
	 	Doc. 2008-3153
	 	Doc. 2008-3154
	 
	 	 	 	 	 	 	 	 	 	 
	Hancock

	 	IA
	 	Inst. 08-0141
	 	Inst. 08-0142
	 	Inst. 08-2693
	 	Inst. 08-2694
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Doc. 2008-0248
	 	Doc. 2008-0249
	 	Doc. 2008-3898
	 	Doc. 2008-3899
	 
	 	 	 	 	 	 	 	 	 	 
	Iowa

	 	IA
	 	Doc. 2008-2278 in 

Book 840; Page 68
	 	Doc. 2008-2279 in 

Book 841; Page 1
	 	Doc. 2008-1602 in 

Book 867; Page 177
	 	Doc. 2008-1603 in 

Book 867; Page 248
	 
	 	 	 	 	 	 	 	 	 	 
	Jackson

	 	IA
	 	Doc. 08-244 in 

Book 2008; Page 244
	 	Doc. 08-245 in 

Book 2008; Page 245
	 	Doc. 08-4572 in 

Book 2008; Page 4572
	 	Doc. 08-4573 in 

Book 2008; Page 4573
	 
	 	 	 	 	 	 	 	 	 	 
	Jasper

	 	IA
	 	Doc. 001695150969

File 2008-00000315
	 	Doc. 001695160839

File 2008-00000316
	 	Doc. 001766650071

File 2008-00007158
	 	Doc. 001766660027

File 2008-00007159
	 
	 	 	 	 	 	 	 	 	 	 
	Jefferson

	 	IA
	 	Doc. 2008-0157
	 	Doc. 2008-0158
	 	Doc. 2008-3103
	 	Doc. 2008-3104
	 
	 	 	 	 	 	 	 	 	 	 
	Johnson

	 	IA
	 	Doc. 021063550969 in 

Book 4254; Page 1
	 	Doc. 021063560839 in 

Book 4255; Page 1
	 	Doc. 021339090071 in 

Book 4373; Page 416
	 	Doc. 021339100027 in 

Book 4373; Page 487
	 
	 	 	 	 	 	 	 	 	 	 
	Jones

	 	IA
	 	Fee Book 2008-0178
	 	Fee Book 2008-0179
	 	Doc. 2008-3697
	 	Doc. 2008-3698
	 
	 	 	 	 	 	 	 	 	 	 
	Kossuth

	 	IA
	 	Doc. 2008-236 in 

Book 2008; Page 236
	 	Doc. 2008-237 in 

Book 2008; Page 237
	 	Doc. 2008-4405 in 

Book 2008; Page 4405
	 	Doc. 2008-4406 in 

Book 2008; Page 4406
	 
	 	 	 	 	 	 	 	 	 	 
	Lee (North)

	 	IA
	 	Doc. 2008-171 in 

Book 08N; Page 171
	 	Doc. 2008-172 in 

Book 08N; Page 172
	 	Doc. 2008-4032 in 

Book 08N; Page 4032
	 	Doc. 2008-4033 in 

Book 08N; Page 4033
	 
	 	 	 	 	 	 	 	 	 	 
	Lee (South)

	 	IA
	 	Doc. 2008-104 in 

Book 08S; Page 104
	 	Doc. 2008-105 in 

Book 08S; Page 105
	 	Doc. 2008-2900 in 

Book 08S; Page 2900
	 	Doc. 2008-2901 in 

Book 08S; Page 2901
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Doc. 012890130969

Inst. 200800039315 in 

Book 6889; Page 1
	 	Doc. 012890140843

Inst. 200800039316 in 

Book 6890; Page 1
	 	Doc. 013846140071

Inst. 200900033364 in 

Book 7144; Page 338
	 	Doc. 013846150027

Inst. 200900033365 in 

Book 7144; Page 409
	 
	 	 	 	 	 	 	 	 	 	 
	Lucas

	 	IA
	 	Doc. 2008-0091 in 

Book 2008A; Page 1
	 	Doc. 2008-0092 in 

Book 2008B; Page 1
	 	Doc. 2008-1614 in 

Book G2008; Page 409
	 	Doc. 2008-1615 in 

Book G2008; Page 480






1-2









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	First Supplemental	 	Second Supplemental	 	Third Supplemental
	County	 	State	 	Mortgage Indenture	 	Indenture	 	Indenture	 	Indenture
	Marshall

	 	IA
	 	Doc. 002901080969

File 2008-00000387
	 	Doc. 002901090839

File 2008-00000388
	 	Doc. 003110950071

File 2008-00007491
	 	Doc. 003110960027

File 2008-00007492
	 
	 	 	 	 	 	 	 	 	 	 
	Monroe

	 	IA
	 	Doc. 86 in 

Book 2008; Page 86
	 	Doc. 87 in 

Book 2008; Page 87
	 	Doc. 1922 in 

Book 2008; Page 1922
	 	Doc. 1923 in 

Book 2008; Page 1923
	 
	 	 	 	 	 	 	 	 	 	 
	Muscatine

	 	IA
	 	Doc. 2008-00387
	 	Doc. 2008-00388
	 	Doc. 2008-06927
	 	Doc. 2008-06928
	 
	 	 	 	 	 	 	 	 	 	 
	Osceola

	 	IA
	 	Doc. 20080080 in 

Book 2008; Page 80
	 	Doc. 20080081 in 

Book 2008; Page 81
	 	Doc. 20082023 in 

Book 2008; Page 2023
	 	Doc. 20082024 in 

Book 2008; Page 2024
	 
	 	 	 	 	 	 	 	 	 	 
	Pocahontas

	 	IA
	 	Doc. 2008-107 in 

Book 179; Page 1
	 	Doc. 2008-108 in 

Book 180; Page 1
	 	Doc. 2008-1924 in 

Book 186; Page 98
	 	Doc. 2008-1925 in 

Book 186; Page 169
	 
	 	 	 	 	 	 	 	 	 	 
	Poweshiek

	 	IA
	 	Doc. 0230 in 

Book 823; Page 1
	 	Doc. 0231 in 

Book 824; Page 1
	 	Doc. 4014 in 

Book 0842; Page 0221
	 	Doc. 4015 in 

Book 0842; Page 0292
	 
	 	 	 	 	 	 	 	 	 	 
	Ringgold

	 	IA
	 	Inst. 2008-00000091 in 

Book 327; Page 1
	 	Inst. 2008-00000092 in 

Book 328; Page 1
	 	Inst. 2008-00001525 in 

Book 334; Page 64
	 	Inst. 2008-00001526 in 

Book 334; Page 135
	 
	 	 	 	 	 	 	 	 	 	 
	Story

	 	IA
	 	Inst. 2008-00000615
	 	Inst. 2008-00000616
	 	Inst. 2008-00012971
	 	Inst. 2008-00012972
	 
	 	 	 	 	 	 	 	 	 	 
	Tama

	 	IA
	 	Doc. 2008-0238 in 

Book 817; Page 460
	 	Doc. 2008-0239 in 

Book 820; Page 289
	 	Doc. 2008-3781 in 

Book 842; Page 74
	 	Doc. 2008-3782 in 

Book 842; Page 145
	 
	 	 	 	 	 	 	 	 	 	 
	Union

	 	IA
	 	Doc. 00000140 in 

Book 911; Page 1
	 	Doc. 00000141 in 

Book 914; Page 1
	 	Doc. 00002690 in 

Book 943; Page 1
	 	Doc. 00002691 in 

Book 943; Page 72
	 
	 	 	 	 	 	 	 	 	 	 
	Van Buren

	 	IA
	 	Doc. 2008-48 in 

Book 142; Page 444
	 	Doc. 2008-49 in 

Book 143; Page 343
	 	Doc. 2008-1474 in 

Book 148; Page 747
	 	Doc. 2008-1475 in 

Book 148; Page 818
	 
	 	 	 	 	 	 	 	 	 	 
	Wapello

	 	IA
	 	Doc. 2008-0275 in 

Book 2008; Page 0275
	 	Doc. 2008-0276 in 

Book 2008; Page 0276
	 	Doc. 2008-5994 in 

Book 2008; Page 5994
	 	Doc. 2008-5995 in 

Book 2008; Page 5995
	 
	Wayne

	 	IA
	 	Inst. 08-0123 in 

Book 119; Page 670
	 	Inst. 08-0124 in 

Book 119; Page 1640
	 	Inst. 08-2205 in 

Book 121; Page 484
	 	Inst. 08-2206 in 

Book 121; Page 555
	 
	 	 	 	 	 	 	 	 	 	 
	Worth

	 	IA
	 	Fee Book 20080149
	 	Fee Book 20080150
	 	Fee Book 20082712
	 	Fee Book 20082713






1-3









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	First Supplemental	 	Second Supplemental	 	Third Supplemental
	County	 	State	 	Mortgage Indenture	 	Indenture	 	Indenture	 	Indenture
	Adair

	 	IA
	 	File 08-0110 in 

Book 586; Page 304
	 	File 08-0111 in 

Book 589; Page 223
	 	File 08-1956

Book 612; Page 34
	 	File 08-1957 in 

Book 612; Page 105
	 
	 	 	 	 	 	 	 	 	 	 
	Allamakee

	 	IA
	 	Doc. 2008-148
	 	Doc. 2008-149
	 	Doc. 2008-3187
	 	Doc. 2008-3188
	 
	 	 	 	 	 	 	 	 	 	 
	Audubon

	 	IA
	 	Doc. 08-0102
	 	Doc. 08-0103
	 	Doc. 08-1345
	 	Doc. 08-1346
	 
	 	 	 	 	 	 	 	 	 	 
	Black Hawk

	 	IA
	 	Doc. 2008014573
	 	Doc. 2008014576
	 	Doc. 200900011582
	 	Doc. 200900011583
	 
	 	 	 	 	 	 	 	 	 	 
	Bremer

	 	IA
	 	Doc. 20080230
	 	Doc. 20080231
	 	Doc. 20085661
	 	Doc. 20085662
	 
	 	 	 	 	 	 	 	 	 	 
	Butler

	 	IA
	 	Inst. 2008-0307
	 	Inst. 2008-0308
	 	Inst. 2008-5268
	 	Inst. 2008-5269
	 
	 	 	 	 	 	 	 	 	 	 
	Cass

	 	IA
	 	Doc. 2008 115 in 

Book 2008; Page 115
	 	Doc. 2008 116 in 

Book 2008; Page 116
	 	Doc. 2008 2833 in 

Book 2008; Page 2833
	 	Doc. 2008 2834 in 

Book 2008; Page 2834
	 
	 	 	 	 	 	 	 	 	 	 
	Cedar

	 	IA
	 	Doc. 2008-264 in 

Book 881; Page 1
	 	Doc. 2008-265 in 

Book 882; Page 1
	 	Doc. 2008-4393 in 

Book 924; Page 107
	 	Doc. 2008-4394 in 

Book 924; Page 178
	 
	 	 	 	 	 	 	 	 	 	 
	Chickasaw

	 	IA
	 	Fee Book 2008-0121
	 	Fee Book 2008-0122
	 	Fee Book 2008-2385
	 	Fee Book 2008-2386
	 
	 	 	 	 	 	 	 	 	 	 
	Clay

	 	IA
	 	Doc. 2008 190 in 

Book 2008; Page 190
	 	Doc. 2008 191 in 

Book 2008; Page 191
	 	Doc. 2008 3615 in 

Book 2008; Page 3615
	 	Doc. 2008 3613 in 

Book 2008; Page 3616
	 
	 	 	 	 	 	 	 	 	 	 
	Davis

	 	IA
	 	Doc. 2008-0069 in 

Book 142; Page 001
	 	Doc. 2008-0070 in 

Book 143; Page 001
	 	Doc. 2008-1804 in 

Book 150; Page 437
	 	Doc. 2008-1805 in 

Book 150; Page 508
	 
	 	 	 	 	 	 	 	 	 	 
	Decatur

	 	IA
	 	Book 2008; Page 0096
	 	Book 2008; Page 0097
	 	Book 2008; Page 1769
	 	Book 2008; Page 1770
	 
	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Doc. 2008 203 in 

Book 2008; Page 203
	 	Doc. 2008 204 in 

Book 2008; Page 204
	 	Doc. 2008 3805 in 

Book 2008; Page 3805
	 	Doc. 2008 3806 in 

Book 2008; Page 3806
	 
	 	 	 	 	 	 	 	 	 	 
	Fayette

	 	IA
	 	Doc. 2008 192 in 

Book 2008; Page 192
	 	Doc. 2008 193 in 

Book 2008; Page 193
	 	Doc. 2008 3833 in 

Book 2008; Page 3833
	 	Doc. 2008 3834 in 

Book 2008; Page 3834
	 
	 	 	 	 	 	 	 	 	 	 
	Floyd

	 	IA
	 	Doc. 2008-0173 in 

Book 2008; Page 0173
	 	Doc. 2008-0174 in 

Book 2008; Page 0174
	 	Doc. 2008-3135 in 

Book 2008; Page 3135
	 	Doc. 2008-3136 in 

Book 2008; Page 3136
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Inst. 20080199
	 	Inst. 20080200
	 	Inst. 20082936
	 	Inst. 20082937
	 
	 	 	 	 	 	 	 	 	 	 
	Guthrie

	 	IA
	 	Book 2008; Page 0226
	 	Book 2008; Page 0227
	 	Book 2008; Page 3261
	 	Book 2008; Page 3262







1-4












 





	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Second Supplemental	 	Third Supplemental
	County	 	State	 	Mortgage Indenture	 	First Supplemental Indenture	 	Indenture	 	Indenture
	Henry

	 	IA
	 	Doc. 0160 in
 Book 2008; Page 0160
	 	Doc. 0161 in
 Book 2008; Page 0161
	 	Doc. 3507 in
 Book 2008; Page 3507
	 	Doc. 3508 in
 Book 2008; Page 3508
	 
	 	 	 	 	 	 	 	 	 	 
	Howard

	 	IA
	 	Doc. 2008-1376 in

Book 358; Page 1 and

Book 359; Page 501
	 	Doc. 2008-1377 in

Book 360; Page 1 and

Book 361; Page 501
	 	Doc. 2008-1253 in

Book 2008; Page 1253
	 	Doc. 2008-1254 in

Book 2008; Page 1254
	 
	 	 	 	 	 	 	 	 	 	 
	Keokuk

	 	IA
	 	Fee Book 2008-0112
	 	Fee Book 2008-0113
	 	Fee Book 2008-2094
	 	Fee Book 2008-2095
	 
	 	 	 	 	 	 	 	 	 	 
	Louisa

	 	IA
	 	Fee Book 2008-1338
	 	Fee Book 2008-1339
	 	Fee Book 2008-0976
	 	Fee Book 2008-0977
	 
	 	 	 	 	 	 	 	 	 	 
	Lyon

	 	IA
	 	Doc. 2008 212 in

Book 2008; Page 212
	 	Doc. 2008 213 in

Book 2008; Page 213
	 	Doc. 2008 3053 in

Book 2008; Page 3053
	 	Doc. 2008 3054 in

Book 2008; Page 3054
	 
	 	 	 	 	 	 	 	 	 	 
	Mahaska

	 	IA
	 	Doc. 2008-198 in

Book 2008; Page 198
	 	Doc. 2008-199 in

Book 2008; Page 199
	 	Doc. 2008 4119 in

Book 2008; Page 4119
	 	Doc. 2008 4120 in

Book 2008; Page 4120
	 
	 	 	 	 	 	 	 	 	 	 
	Mitchell

	 	IA
	 	Doc. 2008-112 in

Book 2008; Page 112
	 	Doc. 2008-113 in

Book 2008; Page 113
	 	Doc. 2008-2427 in

Book 2008; Page 2427
	 	Doc. 2008-2428 in

Book 2008; Page 2428
	 
	 	 	 	 	 	 	 	 	 	 
	Palo Alto

	 	IA
	 	Doc. 2008-121 in

Book 2008; Page 121
	 	Doc. 2008-122 in

Book 2008; Page 122
	 	Doc. 2008-2472 in

Book 2008; Page 2472
	 	Doc. 2008-2473 in

Book 2008; Page 2473
	 
	 	 	 	 	 	 	 	 	 	 
	Polk

	 	IA
	 	Doc. 020740580969

File 2008-00054845 in

Book 12513; Page 1
	 	Doc. 020740590839

File 2008-00054846 in

Book 12514; Page 1
	 	Doc. 021787280071

File 2009-00038437 in

Book 12854; Page 894
	 	Doc. 021787330027

File 2009-00038438 in

Book 12854; Page 965
	 
	 	 	 	 	 	 	 	 	 	 
	Scott

	 	IA
	 	Doc. 016584770969

File 2008-00001602
	 	Doc. 016584780839

File 2008-00001603
	 	Doc. 017068630071

File 2008-00032813
	 	Doc. 017068640027

File 2008-00032814
	 
	 	 	 	 	 	 	 	 	 	 
	Sioux

	 	IA
	 	File 2008; Card 437
	 	File 2008; Card 438
	 	File 2008; Card 7846
	 	File 2008; Card 7847
	 
	 	 	 	 	 	 	 	 	 	 
	Taylor

	 	IA
	 	Doc. 2008786 in

Book 161; Page 8
	 	Doc. 2008787 in

Book 161; Page 9
	 	Doc. 2009628 in

Book 163; Page 215
	 	Doc. 2009629 in

Book 163; Page 287
	 
	 	 	 	 	 	 	 	 	 	 
	Washington

	 	IA
	 	Doc. 08-0211 in

Book 2008; Page 0211
	 	Doc. 08-0212 in

Book 2008; Page 0212
	 	Doc. 08-4793 in

Book 2008; Page 4793
	 	Doc. 08-4794 in

Book 2008; Page 4794
	 
	 	 	 	 	 	 	 	 	 	 
	Webster

	 	IA
	 	Inst. 2008-335
	 	Inst. 2008-336
	 	Inst. 2008-07262
	 	Inst. 2008-07263
	 
	 	 	 	 	 	 	 	 	 	 





1-5









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Second Supplemental	 	Third Supplemental
	County	 	State	 	Mortgage Indenture	 	First Supplemental Indenture	 	Indenture	 	Indenture
	Winneshiek

	 	IA
	 	Doc. 2008 197 in

Book 2008; Page 197
	 	Doc. 2008 198 in

Book 2008; Page 198
	 	Doc. 2008 4570 in

Book 2008; Page 4570
	 	Doc. 2008 4571 in

Book 2008; Page 4571
	 
	 	 	 	 	 	 	 	 	 	 
	Winnebago

	 	IA
	 	Fee Book 08-0076 in

Book 2008; Page 0076
	 	Fee Book 08-0077 in

Book 2008; Page 0077
	 	Fee Book 08-2035 in

Book 2008; Page 2035
	 	Fee Book 08-2036 in

Book 2008; Page 2036
	 
	 	 	 	 	 	 	 	 	 	 
	Wright

	 	IA
	 	Doc. 08-140 in

Book 08; Page 140
	 	Doc. 08-141 in

Book 08; Page 141
	 	Doc. 08-2559 in

Book 08; Page 2559
	 	Doc. 08-2560 in

Book 08; Page 2560
	 
	 	 	 	 	 	 	 	 	 	 
	Carroll

	 	IL
	 	Doc. 2008R-0150 in

Book 924; Page 1
	 	Doc. 2008R-0151 in

Book 925; Page 1
	 	Doc. 2008R-3462 in

Book 960; Page 403
	 	Doc. 2008R-3463 in

Book 960; Page 473
	 
	 	 	 	 	 	 	 	 	 	 
	Whiteside

	 	IL
	 	Doc. 410-2008
	 	Doc. 411-2008
	 	Doc. 9809-2008
	 	Doc. 9810-2008
	 
	 	 	 	 	 	 	 	 	 	 
	Jo Daviess

	 	IL
	 	Doc. 339743
	 	Doc. 339744
	 	Doc. 345826
	 	Doc. 345827
	 
	 	 	 	 	 	 	 	 	 	 
	Rock Island

	 	IL
	 	Doc. 2008-01374
	 	Doc. 2008-01375
	 	Doc. 2008-26758
	 	Doc. 2008-26759
	 
	 	 	 	 	 	 	 	 	 	 
	Cottonwood

	 	MN
	 	Doc. 255292

office of the
Cottonwood 
County
Recorder
	 	Doc. 255293

office of the Cottonwood

County Recorder
	 	Doc. 258076

office of the
Cottonwood 
County
Recorder
	 	Doc. 258077

office of the
Cottonwood 
County
Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Faribault

	 	MN
	 	Doc. 342918

office of the
Faribault 
County
Recorder
	 	Doc. 342919

office of the Faribault

County Recorder
	 	Doc. 346309

office of the
Faribault 
County
Recorder
	 	Doc. 346310

office of the
Faribault 
County
Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Fillmore

	 	MN
	 	Doc. 362678

office of the
Fillmore 
County
Recorder
	 	Doc. 362679

office of the Fillmore

County Recorder
	 	Doc. 368282

office of the
Fillmore 
County
Recorder
	 	Doc. 368283

office of the
Fillmore 
County
Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Freeborn
Easement — Torrens

	 	MN
	 	Doc. 474468

office of the
Freeborn 
County
Recorder


Doc. 109689

office of the
Freeborn 
County
Registrar of Titles
	 	Doc. 474469

office of the Freeborn

County Recorder


Doc. 109690

office of the Freeborn

County Registrar of Titles
	 	Doc. 479360

office of the
Freeborn 
County
Recorder


Doc. 110165

office of the
Freeborn 
County
Registrar of Titles
	 	Doc. 479361

office of the
Freeborn 
County
Recorder


Doc. 110166

office of the
Freeborn 
County
Registrar of Titles






1-6









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Second Supplemental	 	Third Supplemental
	County	 	State	 	Mortgage Indenture	 	First Supplemental Indenture	 	Indenture	 	Indenture
	Jackson

	 	MN
	 	Doc. A251774

office of the Jackson

County Recorder
	 	Doc. A251775

office of the Jackson

County Recorder
	 	Doc. A254516

office of the Jackson

County Recorder
	 	Doc. A254517

office of the Jackson

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Le Sueur

	 	MN
	 	Doc. 353162
office of the Le
Sueur 
County Recorder
	 	Doc. 353163

office of the Le Sueur

County Recorder
	 	Doc. 359395

office of the Le
Sueur 
County Recorder
	 	Doc. 359396

office of the Le
Sueur 
County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Mower

	 	MN
	 	Doc. A000565139

office of the Mower

County Recorder
	 	Doc. A000565140

office of the Mower 
County
Recorder
	 	Doc. A000572171

office of the Mower

County Recorder
	 	Doc. A000572172

office of the Mower

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Nobles

	 	MN
	 	Doc. A317292

office of the Nobles

County Recorder
	 	Doc. A317293

office of the Nobles 
County
Recorder
	 	Doc. A321156

office of the Nobles

County Recorder
	 	Doc. A321157

office of the Nobles

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Rock

	 	MN
	 	Doc. 168189

office of the Rock

County Recorder
	 	Doc. 168190

office of the Rock 
County
Recorder
	 	Doc. 170372

office of the Rock

County Recorder
	 	Doc. 170373

office of the Rock

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Steele

	 	MN
	 	Doc. A000354767

office of the Steele

County Recorder
	 	Doc. A000354768

office of the Steele 
County
Recorder
	 	Doc. A000361084

office of the Steele

County Recorder
	 	Doc. A000361085

office of the Steele

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Watonwan

	 	MN
	 	Doc. 207915

office of the
Watonwan 
County
Recorder
	 	Doc. 207916

office of the Watonwan

County Recorder
	 	Doc. 210325

office of the
Watonwan 
County
Recorder
	 	Doc. 210326

office of the
Watonwan 
County
Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Blue Earth

	 	MN
	 	Doc. 481CR565

office of the Blue
Earth 
County Recorder
	 	Doc. 481CR566

office of the Blue Earth

County Recorder
	 	Doc. 489CR662

office of the Blue
Earth 
County Recorder
	 	Doc. 489CR663

office of the Blue
Earth 
County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Brown

	 	MN
	 	Doc. 364356

office of the Brown

County Recorder
	 	Doc. 364357

office of the Brown 
County
Recorder
	 	Doc. 369232

office of the Brown

County Recorder
	 	Doc. 369233

office of the Brown

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Martin

	 	MN
	 	Doc. 2008R-392714

office of the Martin

County Recorder
	 	Doc. 2008R-392715

office of the Martin 
County
Recorder
	 	Doc. 2008R-397320

office of the Martin

County Recorder
	 	Doc. 2008R-397321

office of the Martin

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 





1-7









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Second Supplemental	 	Third Supplemental
	County	 	State	 	Mortgage Indenture	 	First Supplemental Indenture	 	Indenture	 	Indenture
	Olmsted

	 	MN
	 	Doc. A1157194

office of the Olmsted

County Recorder
	 	Doc. A1157195

office of the Olmsted

County Recorder
	 	Doc. A1185995

office of the Olmsted

County Recorder
	 	Doc. A1185994

office of the Olmsted

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Murray

	 	MN
	 	Doc. 230354

office of the Murray

County Recorder
	 	Doc. 230355

office of the Murray 
County
Recorder
	 	Doc. 232821

office of the Murray

County Recorder
	 	Doc. 232822

office of the Murray

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Redwood

	 	MN
	 	Doc. A326435

office of the Redwood

County Recorder
	 	Doc. A326436

office of the Redwood

County Recorder
	 	Doc. A329534

office of the Redwood

County Recorder
	 	Doc. A329535

office of the Redwood

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Wabasha

	 	MN
	 	Doc. A286205

office of the Wabasha

County Recorder
	 	Doc. A286206

office of the Wabasha

County Recorder
	 	Doc. A290867

office of the Wabasha

County Recorder
	 	Doc. A290868

office of the Wabasha

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Winona

	 	MN
	 	Doc. 525959

office of the Winona

County Recorder
	 	Doc. 525960

office of the Winona 
County
Recorder
	 	Doc. 534510

office of the Winona

County Recorder
	 	Doc. 534511

office of the Winona

County Recorder
	 
	 	 	 	 	 	 	 	 	 	 
	Clark

	 	MO
	 	Doc. 28353 in

Book 72; Page 37
	 	Doc. 28354 in

Book 72; Page 38
	 	Doc. 30039 in

Book 72; Page 39
	 	Doc. 30040 in

Book 72; Page 40







1-8












 





Exhibit A




DESCRIPTION OF PROPERTIES




          The following properties of the Company, owned as of the date hereof, have been acquired by
the Company subsequent to the date of the Second Supplemental Indenture:




[See Attached]




 









 








Exhibit A




FEE OWNED PROPERTIES




	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Recording	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Date	 	Number	 	Book and Page
	Franklin

	 	IA
	 	Raejean G. Schafer and Robert Schafer
	 	5/8/09
	 	Inst. 20090775	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Charles E. Lakin, Trustee of the
Charles E. Lakin Revocable Trust
created by Trust Agreement dated
1/27/03 and Florence M. Lakin
	 	8/6/09
	 	Doc. 2009 2415	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Mitchell

	 	IA
	 	Pioneer Prairie Wind Farm I LLC
	 	12/29/08
	 	Doc. 2008 2467
	 	Book 2008; Page 2467






EASEMENT PROPERTIES




	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Recording	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Date	 	Number	 	Book and Page
	Benton

	 	IA
	 	Douglas Gardemann and Lurline Gardemann
	 	3/18/09
	 	 	 	Book 9; Page 1198
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Richard Folkmann and Gladys Folkmann
	 	3/18/09
	 	 	 	Book 9; Page 1177
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Douglas Stien
	 	7/7/09
	 	 	 	Book 9; Page 3197
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Elfrieda Dunker, Life Estate;
Remainder to Shirley A. Fennern and
the Trustees of the William H. Dunker
Trust, in equal shares
	 	7/21/09
	 	 	 	Book 9; Page 3412
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Dunkers, Inc.
	 	7/21/09
	 	 	 	Book 9; Page 3414
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Doris M. Osborn and Jeffrey Osborn,
Trustees of the Harold L. Osborn
Family Trust
	 	3/18/09
	 	 	 	Book 9; Page 1219
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Dean A. Werner and Jacqueline Werner
	 	3/18/09
	 	 	 	Book 9; Page 1244






 









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Recording	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Date	 	Number	 	Book and Page
	Benton

	 	IA
	 	Michael A. Kelly and Michele Katherine
Kelly
	 	3/18/09
	 	 	 	Book 9; Page 1209
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Henry H. Albers Trust dated 7/18/08
	 	5/4/09
	 	 	 	Book 9; Page 2011
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Robert Carl Ritscher and Phyllis
Lucille Ritscher
	 	3/18/09
	 	 	 	Book 9; Page 1223
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Margaret Wauters
	 	3/18/09
	 	 	 	Book 9; Page 1242
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Ricky D. Selk
	 	3/26/09
	 	 	 	Book 9; Page 1379
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Kenneth D. Selk
	 	3/18/09
	 	 	 	Book 9; Page 1232
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Richard M. Suchy
	 	3/18/09
	 	 	 	Book 9; Page 1237
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	L.R.B., Ltd.
	 	3/18/09
	 	 	 	Book 9; Page 1218
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Lorraine Irwin
	 	3/18/09
	 	 	 	Book 9; Page 1202
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Carole Barron Zarlengo and Ronald C.
Zarlengo and Linda Barron Kucia
	 	3/18/09

5/4/09
	 	 	 	Book 9; Page 1216
Book 9; Page 2059
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Elaine Kromminga, a/k/a Elaine L.
Kromminga
	 	3/18/09
	 	 	 	Book 9; Page 1212
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	The Kromminga Family Trust, Elaine
Kromminga, Trustee, an undivided
one-half interest; Elaine L.
Kromminga, an undivided one-half
interest
	 	3/18/09
	 	 	 	Book 9; Page 1211
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Jacqueline L. Schoettmer and John
Schoettmer, Michael J. England and
Robin J. England
	 	8/7/09
	 	 	 	Book 9; Page 3699
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Carl C. Ritscher and Robert C.
Ritscher and Harold Ritscher, Trustees
of the Mae Ritscher Family Trust dated
1/11/01
	 	3/18/09
	 	 	 	Book 9; Page 1222
	 
	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	John A. Babinat and Nadine J. Babinat
	 	3/26/09
	 	 	 	Book 9; Page 1378







A-2












 





	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Benton

	 	IA
	 	James K. Brant and Darlene K. Brant
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1158
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Surilda M. Bierman, f/k/a Surilda Raley
Smith and Duane F. Bierman; Colleen R.
Reinhardt and Wayne D. Reinhardt; Robert
C. Raley and June E. Raley
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2034
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Darwin Oehlerich and Ruth Oehlerich
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2019
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Blanche Oehlerich; and Blanche R.
Oehlerich and Darwin R. Oehlerich,
Trustees of the Trust Under the Will of
Ray A. Oehlerich, Deceased
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2021
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Dennis L. Pohlman
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1220
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Edna E. Heitmann, an undivided one-half
interest; a Residuary Trust with Edna E.
Heitmann, Gale William Heitmann and Louis
Neill Heitmann, as Trustees, an undivided
one-half interest
	 	7/21/09
	 	 	 	 	 	Book 9; Page 3413
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Teresa L. Selken, an undivided one-half
interest; and Richard L. Selken Decedent’s
Trust, William D. Selken and Renae C.
McKay, as Trustees, an undivided one-half
interest
	 	7/28/09
	 	 	 	 	 	Book 9; Page 3532
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Franzenburg Farms, Inc.
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1174
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Margaret Wauters
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1243
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Donald L. Franzenburg
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1176
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Franzenburg Farms, Inc.
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1171
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Delmar H. Pohlman and Dennis Pohlman
	 	3/26/09
	 	 	 	 	 	Book 9; Page 1381
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Wessling Farms, LC
	 	3/26/09
	 	 	 	 	 	Book 9; Page 1380
	 
	 	 	 	 	 	 	 	 	 	 	 	 





A-3









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Benton

	 	IA
	 	Irvin G. Keiper and Dolores I. Keiper
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1206
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Nicole M. McFarland, n/k/a Nicole M.
Langerman and Jeremy E. Langerman
	 	7/7/09
	 	 	 	 	 	Book 9; Page 3198
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Ralston Farms, LLC
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2013
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Wendell C. Williams and Doris Ann
Williams, a/k/a Doris A. Williams
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1246
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Mary J. Wilson, a/k/a Mary K. Wilson
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1247
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Hazel M. Stien
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1235
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Douglas Gardemann and Lurline Gardemann
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1178
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Darrell Kaestner and Clarice K. Kaestner
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2006
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Richard R. Schlotterback and Mary L.
Schlotterback
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1228
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Randy L. Schultz and Betty Ann Schultz
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1229
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Jerome Sonka, Jr., Carolyn Peiffer, a/k/a
Carolyn Pieffer, Steven T. Sonka, and
Melanie A. Sonka Kenney, as Trustees of
the Jerome J. Sonka, Sr. Residuary Trust;
and Marcella E. Sonka, a/k/a Marcella
Sonka
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2031
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Jerome Sonka, Jr., Carolyn Peiffer, a/k/a
Carolyn Pieffer, Steven T. Sonka, and
Melanie A. Sonka Kenney, as Trustees of
the Jerome J. Sonka, Sr. Residuary Trust;
and Marcella E. Sonka, a/k/a Marcella
Sonka
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2055
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Jerome Sonka, Jr., Carolyn Peiffer, a/k/a
Carolyn Pieffer, Steven T. Sonka, and
Melanie A. Sonka Kenney, as Trustees of
the Jerome J. Sonka, Sr. Residuary Trust;
and Marcella E. Sonka, a/k/a Marcella
Sonka
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2051
	 
	 	 	 	 	 	 	 	 	 	 	 	 





A-4









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Benton

	 	IA
	 	Jerome Sonka, Jr., Carolyn Peiffer, a/k/a
Carolyn Pieffer, Steven T. Sonka, and
Melanie A. Sonka Kenney, as Trustees of
the Jerome J. Sonka, Sr. Residuary Trust;
and Marcella E. Sonka, a/k/a Marcella
Sonka
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2054
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Jerome Sonka, Jr. Carolyn Peiffer, a/k/a
Carolyn Pieffer, Steven T. Sonka, and
Melanie A. Sonka Kenney, as Trustees of
the Jerome J. Sonka, Sr. Residuary Trust;
and Marcella E. Sonka, a/k/a Marcella
Sonka
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2056
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	AJ Schanbacher L.L.C.
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1224
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Richard R. Schlotterback and Mary L.
Schlotterback; and Linda Brecht
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1154
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	William D. Haerther, a/k/a William Donald
Haerther and Pamela K. Haerther
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1201
	 
	Benton

	 	IA
	 	Kristin L. Carte, a/k/a Kristina Lynn
Haerther Carte and David J. Carte
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1160
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Melvin A. Krug, a/k/a Melvin Krug, and
Melvin A. Krug and Deanne K. Krug Becker
as Trustees of the Mary Ann Krug Trust
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1215
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	W&C Theis Farm, LLP
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1241
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Eldon Stueck and Helen Earlene Stueck
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1236
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Maynord C. Krug
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1214
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Lawnview Farm Trust
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1217
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	William E. Rinderknecht and Barbara S.
Rinderknecht
	 	3/18/09
	 	 	 	 	 	Book 9; Page 1221






A-5









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Benton

	 	IA
	 	Michael A. Jennings and Pamela K. Jennings
	 	8/24/09
	 	 	 	 	 	Book 9; Page 3931
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Surilda M. Bierman, f/k/a Surilda Raley
Smith and Duane F. Bierman; Colleen R.
Reinhardt and Wayne D. Reinhardt; Robert
C. Raley and June E. Raley
	 	5/4/09
	 	 	 	 	 	Book 9; Page 2044
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Surilda M. Bierman, f/k/a Surilda Raley
Smith and Duane F. Bierman; Colleen R.
Reinhardt and Wayne D. Reinhardt; Robert
C. Raley and June E. Raley
	 	8/3/09
	 	 	 	 	 	Book 9; Page 3611
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Duane R. England and Pamela England
	 	8/24/09
	 	 	 	 	 	Book 9; Page 3933
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Jay D. Wilson (31/42 interest); Mary B.
Steck (4/42 interest); and Sue W. Graham
(7/42 interest)
	 	8/24/09
	 	 	 	 	 	Book 9; Page 3929
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Benton

	 	IA
	 	Jay D. Wilson (31/42 interest); Mary B.
Steck (4/42 interest); and Sue W. Graham
(7/42 interest)
	 	8/24/09
	 	 	 	 	 	Book 9; Page 3930
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Alfred J. Michels, as Trustee under the
provisions of a Trust Agreement created by
Alfred J. Michels dated 9/9/98 and Irene
C. Michels, as Trustee under the
provisions of a Trust Agreement dated
9/9/98
	 	11/12/09
	 	Inst. 2009R03689
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	John D. Koch and Kristina K. Koch;
Jacqueline A. Fliehler and Richard M.
Fliehler; Linda S. Peters and David S.
Peters; and Patti L. Schroeder and Mark A.
Schroeder
	 	11/12/09
	 	Inst. 2009R03690
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	John D. Koch and Kristina K. Koch;
Jacqueline A. Fliehler and Richard M.
Fliehler; Linda S. Peters and David S.
Peters; and Patti L. Schroeder and Mark A.
Schroeder
	 	11/12/09
	 	Inst. 2009R03684
	 	 






A-6









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Buchanan

	 	IA
	 	Estate of Rita H. Michael
	 	11/12/09
	 	Inst. 2009R03685
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Estate of Rita H. Michael
	 	11/12/09
	 	Inst. 2009R03686
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	David W. Gamm and Kimberly M. Gamm
	 	11/12/09
	 	Inst. 2009R03691
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	James R. Frye and Sue A. Frye
	 	11/12/09
	 	Inst. 2009R03687
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	James R. Frye and Sue A. Frye
	 	11/12/09
	 	Inst. 2009R03692
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Donna M. Crow (an undivided 1/2 interest);
and Donna Crow for the period of her
lifetime, with the remainder interest in
Terry and JoAnn Crow (an undivided 1/2
interest)
	 	11/12/09
	 	Inst. 2009R03693
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Donna M. Crow (an undivided 1/2 interest);
and Donna Crow for the period of her
lifetime, with the remainder interest in
Terry and JoAnn Crow (an undivided 1/2
interest)
	 	11/12/09
	 	Inst. 2009R03694
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Allen E. Alber and Eunice E. Alber
	 	9/18/09
	 	Inst. 2009R03072
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Gregory A. Alber and Susan M. Alber
	 	9/18/09
	 	Inst. 2009R03076
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Fredrick A. Becker and Ann M. Becker as
Trustees of the Frederick A. Becker Trust
dated 5/23/97, and Ann M. Becker and
Fredrick A. Becker as Trustees of the Ann
M. Becker Trust dated 5/23/97
	 	9/18/09
	 	Inst. 2009R03080
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Douglas A. Borrett and Madeline E. Borrett
	 	9/18/09
	 	Inst. 2009R03100
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Buffalo Creek Farms, LLP
	 	9/18/09
	 	Inst. 2009R03093
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Darin L. Burco
	 	9/18/09
	 	Inst. 2009R03114
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Gaylen Burco
	 	9/18/09
	 	Inst. 2009R03116
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Donald E. Burns and Anna T. Burns
	 	9/18/09
	 	Inst. 2009R03094
	 	 






A-7









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Buchanan

	 	IA
	 	Donald D. Cook
	 	9/18/09
	 	Inst. 2009R03089
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Donald Cook
	 	9/18/09
	 	Inst. 2009R03088
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Donald Cook, LTD
	 	9/18/09
	 	Inst. 2009R03097
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Donald Cook, LTD
	 	9/18/09
	 	Inst. 2009R03087
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Margaret M. Cook, as Trustee under the
provisions of a Trust Agreement created by
Margaret M. Cook and dated 2/10/98
	 	7/1/09
	 	Inst. 2009R02213
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Donna M. Crow (an undivided 1/2 interest);
and Donna Crow for the period of her
lifetime, with the remainder interest in
Larry Crow and Patricia Crow (an undivided
1/2 interest)
	 	9/18/09
	 	Inst. 2009R03104
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Nyle K. Cummings and Elizabeth A.
Cummings, and Barbara R. Swales and
Randall Swales
	 	9/18/09
	 	Inst. 2009R03078
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Christopher A. Curtis and Tracy A. Curtis
	 	9/18/09
	 	Inst. 2009R03098
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Glenn M. Curtis, Jr. and Connie Curtis
	 	9/18/09
	 	Inst. 2009R03099
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Thomas Joseph Doyle and Marlene Ann Doyle
	 	9/18/09
	 	Inst. 2009R03112
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Thomas J. Doyle and Marlene A. Doyle
	 	9/18/09
	 	Inst. 2009R03115
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Daniel L. Forsyth and Kathryn Forsyth
	 	9/18/09
	 	Inst. 2009R03084
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	James R. Frye and Sue A. Frye
	 	7/1/09
	 	Inst. 2009R02214
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Effie M. Frye, as Trustee under the
provisions of a Declaration of Trust / an
Agreement of Trust, dated 4/30/02, and
known as The Effie M. Frye Revocable Trust
dated 4/30/02, and Norman S. Frye, Jr. as
Trustee under the
	 	9/18/09
	 	Inst. 2009R03086
	 	 






A-8









 








	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	 

	 	 	 	provisions of a
Declaration of Trust / an Agreement of
Trust, dated 4/30/02, and known as the The
Norman S. Frye,. Jr. Revocable Trust dated
4/30/02	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Miriam F. Gamm, John M. Buckman, and Dale
B. Buckman
	 	9/18/09
	 	Inst. 2009R03085
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Paul K. Gilson and Rosemary Gilson, an
undivided one-fourth interest; and John D.
Gilson, an undivided three-fourths
interest
	 	9/18/09
	 	Inst. 2009R03106
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Larry Goedken; Francis Goedken and Lori
Goedken
	 	9/18/09
	 	Inst. 2009R03079
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	David A. Hoefer and Michelle M. Hoeffer
	 	9/18/09
	 	Inst. 2009R03101
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	C. Dean Hoffman and Kay A. Hoffman
	 	9/18/09
	 	Inst. 2009R03081
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Pearl A. Hullermann, as Trustee under the
provisions of a Trust Agreement created by
Pearl A. Hullermann and dated 8/23/88
	 	9/18/09
	 	Inst. 2009R03102
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Gary W. Jackson and Betty L. Jackson
	 	9/18/09
	 	Inst. 2009R03105
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	The Joyce M. Jasper Family Revocable
Living Trust
	 	9/18/09
	 	Inst. 2009R03103
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Florian A. Koch and Katherine J. Koch
	 	9/18/09
	 	Inst. 2009R03109
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Jerome J. Koch, as Trustee under the
provisions of a Trust Agreement created by
Jerome J. Koch and dated 5/23/89 (an
undivided 1/2 interest); and Verna M.
Koch, as Trustee under the provisions of a
Trust Agreement created by Verna M. Koch
and dated 5/23/89 (an undivided 1/2
interest)
	 	9/18/09
	 	Inst. 2009R03110
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Louis B. Koch Revocable Trust dated
12/21/07
	 	9/18/09
	 	Inst. 2009R03075
	 	 






A-9









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Buchanan

	 	IA
	 	James A. Kremer and Kimberly K. Kremer
	 	9/18/09
	 	Inst. 2009R03091
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Ralph J. Kremer and Inez J. Kremer
	 	9/18/09
	 	Inst. 2009R03095
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Jerry L. Morey and Judy A. Morey
	 	9/18/09
	 	Inst. 2009R03074
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Murley Partners
	 	9/18/09
	 	Inst. 2009R03090
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Roxanne L. Newhoff and Dirk K. Newhoff
	 	9/18/09
	 	Inst. 2009R03111
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Offerman Farms, Inc.
	 	9/18/09
	 	Inst. 2009R03096
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Harlan L. Peterson and Mary Beth Peterson
	 	9/18/09
	 	Inst. 2009R03073
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Douglas J. Rathbun and Janel Rathbun and
Neal S. Rathbun
	 	9/18/09
	 	Inst. 2009R03083
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Robert W. Riechers and LaVelle Riechers
	 	9/18/09
	 	Inst. 2009R03108
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	John J. Richardson and Velma M. Richardson
	 	9/18/09
	 	Inst. 2009R03092
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Jerry L. Schima and Eileen G. Schima
	 	7/1/09
	 	Inst. 2009R02212
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Leon Glen Schweitzer
	 	9/18/09
	 	Inst. 2009R03107
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	James F. Shekleton and Kenneth J. Shekleton
	 	4/30/09
	 	Inst. 2009R01434
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Mary P. Short
	 	9/18/09
	 	Inst. 2009R03077
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Patricia M. Turner and Joseph Turner,
Miriam J. Snyder, Jerome M. Krebsbach,
Mary Ann Snyder and Richard Snyder,
Colleen M. Mizer and Dale Mizer, James M.
Krebsbach and Judith Krebsbach, and
Marlene Krebsbach Smith a/k/a Marlene
Smith and Thomas Smith
	 	9/18/09
	 	Inst. 2009R03082
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Buchanan

	 	IA
	 	Maxine Wessels, a/k/a Maxine F. Wessels;
and Jerry Wessels and Jean Wessels
	 	9/18/09
	 	Inst. 2009R03113
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Clinton

	 	IA
	 	Richard L. Campbell and Mary B. Campbell
	 	7/27/09
	 	Doc. 2009-06809
	 	 






A-10









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Clinton

	 	IA
	 	Angela Woods
	 	7/17/09
	 	Doc. 2009-06581
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Clinton

	 	IA
	 	Dennis R. Campbell and Kristin S. Campbell
	 	7/27/09
	 	Doc. 2009-06810
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Clinton

	 	IA
	 	Marian Griebel
	 	7/17/09
	 	Doc. 2009-06582
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Clinton

	 	IA
	 	Alta Dosland Trust
	 	7/17/09
	 	Doc. 2009-06585
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Clinton

	 	IA
	 	Glenita Acres, Inc.
	 	7/17/09
	 	Doc. 2009-06584
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Clinton

	 	IA
	 	Donald J. Block and Gail D. Block
	 	7/17/09
	 	Doc. 2009-06583
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Clinton

	 	IA
	 	Interstate Power and Light Company, as
Assignor
	 	7/30/09
	 	Doc. 2009-06920
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dallas

	 	IA
	 	Perry Community School District
	 	5/18/09
	 	Doc. 8186           
	 	Book 2009; Page 8186
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Innovative Ag Services, Co.
	 	11/12/09
	 	Doc. 2009 4247
	 	Book 2009; Page 4247
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Dennis Ahrens, a/k/a Dennis Lavern Ahrens
and Sandra K. Ahrens
	 	7/1/09
	 	Doc. 2009 2608
	 	Book 2009; Page 2608
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	William John Dale Bandy, Deceased
	 	7/10/09
	 	Doc. 2009 2769
	 	Book 2009; Page 2769
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Mary K. Breitbach and Tim Breitbach
	 	8/14/09
	 	Doc. 2009 3203
	 	Book 2009; Page 3203
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Mary Ann C. Bries
	 	8/14/09
	 	Doc. 2009 3206
	 	Book 2009; Page 3206
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Delrose G. Broghammer and Anthony
Broghammer
	 	8/14/09
	 	Doc. 2009 3198
	 	Book 2009; Page 3198
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Delrose G. Broghammer and Anthony
Broghammer
	 	8/14/09
	 	Doc. 2009 3199
	 	Book 2009; Page 3199
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Wayne R. Burbridge and Debra J. Burbridge
	 	7/1/09
	 	Doc. 2009 2620
	 	Book 2009; Page 2620
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Wayne A. Burkle and Marcia L. Burkle
	 	10/7/09
	 	Doc. 2009 3836
	 	Book 2009; Page 3836
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Buttercup Acres, LLC
	 	7/10/09
	 	Doc. 2009 2764
	 	Book 2009; Page 2764
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Robert J. Demmer and Sharon K. Demmer
	 	10/7/09
	 	Doc. 2009 3823
	 	Book 2009; Page 3823
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Carl Deppe and Deborah Deppe, a/k/a
Deborah J. Deppe
	 	8/14/09
	 	Doc. 2009 3217
	 	Book 2009; Page 3217






A-11









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Delaware

	 	IA
	 	William J. Deppe and Rose Mary Deppe
	 	7/1/09
	 	Doc. 2009 2624
	 	Book 2009; Page 2624
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Jean Downs
	 	10/7/09
	 	Doc. 2009 3835
	 	Book 2009; Page 3835
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Shawn D. Downs
	 	8/14/09
	 	Doc. 2009 3214
	 	Book 2009; Page 3214
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	EJC Farms, LC
	 	7/10/09
	 	Doc. 2009 2776
	 	Book 2009; Page 2776
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Arthur E. Eschen, Jr. and Bonita Eschen,
Trustees of The Eschen Family Trust
	 	10/7/09
	 	Doc. 2009 3827
	 	Book 2009; Page 3827
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Donald H. and Beverly A. Fessler
	 	8/14/09
	 	Doc. 2009 3211
	 	Book 2009; Page 3211
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Mark Francois, a/k/a Mark E. Francois and
Ellen Francois, a/k/a Ellen A. Francois
	 	8/14/09
	 	Doc. 2009 3197
	 	Book 2009; Page 3197
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Richard Foust and Dianne K. Foust
	 	7/1/09
	 	Doc. 2009 2629
	 	Book 2009; Page 2629
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	David L. Gearhart and Barbara Gearhart
	 	8/14/09
	 	Doc. 2009 3204
	 	Book 2009; Page 3204
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Kenneth E. Hansel and Joanne O. Hansel
	 	7/1/09
	 	Doc. 2009 2607
	 	Book 2009; Page 2607
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Paul T. Heffernen and Elizabeth A.
Heffernen
	 	7/1/09
	 	Doc. 2009 2627
	 	Book 2009; Page 2627
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Donald F. Helle and Ardella M. Helle
	 	7/1/09
	 	Doc. 2009 2613
	 	Book 2009; Page 2613
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Clarence E. Hermsen and Theresa R. Hermsen
	 	10/7/09
	 	Doc. 2009 3824
	 	Book 2009; Page 3824
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Hilltop Pork, Inc.
	 	8/14/09
	 	Doc. 2009 3205
	 	Book 2009; Page 3205
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Hilltop Pork, Inc.
	 	7/1/09
	 	Doc. 2009 2617
	 	Book 2009; Page 2617
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	David D. Hunt and Georgia L. Hunt
	 	7/1/09
	 	Doc. 2009 2632
	 	Book 2009; Page 2632
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Gary W. Jackson and Betty L. Jackson
	 	10/7/09
	 	Doc. 2009 3825
	 	Book 2009; Page 3825
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Gary W. Jackson and Betty L. Jackson
	 	10/7/09
	 	Doc. 2009 3826
	 	Book 2009; Page 3826
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Glenn Harold Jefferis and Joan Jefferis;
and Betty Jean Ponsford
	 	8/14/09
	 	Doc. 2009 3210
	 	Book 2009; Page 3210






A-12









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Delaware

	 	IA
	 	Rodney D. Johnson and Colleen S. Johnson
	 	7/1/09
	 	Doc. 2009 2610
	 	Book 2009; Page 2610
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Arlene Thelma Jones and Theodore McCarty
as Trustee of the Trust under the Last
Will & Testament of Keith A. Jones,
Deceased
	 	7/1/09
	 	Doc. 2009 2623
	 	Book 2009; Page 2623
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Joan Kelley, a/k/a Joan A. Kelley, a/k/a
Joan Kelley-Schmidt and Leroy Schmidt
	 	8/14/09
	 	Doc. 2009 3212
	 	Book 2009; Page 3212
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Jon M. Klein
	 	7/10/09
	 	Doc. 2009 2767
	 	Book 2009; Page 2767
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Jon M. Klein
	 	7/10/09
	 	Doc. 2009 2765
	 	Book 2009; Page 2765
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	John E. Kluesner, a/k/a John Emil Kluesner
and Cindy Kluesner
	 	8/14/09
	 	Doc. 2009 3209
	 	Book 2009; Page 3209
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Allan C. Koelker and Marian A. Koelker
	 	7/1/09
	 	Doc. 2009 2628
	 	Book 2009; Page 2628
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Paul T. Krogmann, a/k/a Paul Thomas
Krogmann and Rosemary M. Krogmann
	 	7/1/09
	 	Doc. 2009 2616
	 	Book 2009; Page 2616
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Robert P. Krogmann, a/k/a Robert Paul
Krogmann
	 	8/17/09
	 	Doc. 2009 3242
	 	Book 2009: Page 3242
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	John H. Kruse and Donna T. Kruse
	 	7/1/09
	 	Doc. 2009 2601
	 	Book 2009: Page 2601
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Michael Kruse and Lois Kruse
	 	7/1/09
	 	Doc. 2009 2621
	 	Book 2009: Page 2621
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Scott A. Langel
	 	7/1/09
	 	Doc. 2009 2611
	 	Book 2009: Page 2611
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Dennis and Jean Marie Loesche
	 	8/14/09
	 	Doc. 2009 3213
	 	Book 2009: Page 3213
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Dennis Loesche and Jean Marie Loesche
	 	7/10/09
	 	Doc. 2009 2770
	 	Book 2009: Page 2770
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Randall L. Loesche
	 	7/1/09
	 	Doc. 2009 2618
	 	Book 2009: Page 2618
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Russell Loesche and Freida Loesche
	 	8/14/09
	 	Doc. 2009 3196
	 	Book 2009: Page 3196
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Mary Klaus McCracken and Ronald L.
McCracken
	 	7/10/09
	 	Doc. 2009 2766
	 	Book 2009: Page 2766
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	David McGraw and Katherine McGraw
	 	8/14/09
	 	Doc. 2009 3200
	 	Book 2009: Page 3200






A-13









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Delaware

	 	IA
	 	David McGraw and Katherine McGraw
	 	8/14/09
	 	Doc. 2009 3201
	 	Book 2009: Page 3201
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Millenkamp Farms Corporation
	 	7/10/09
	 	Doc. 2009 2771
	 	Book 2009: Page 2771
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Millenkamp Farms, Corp
	 	7/10/09
	 	Doc. 2009 2772
	 	Book 2009: Page 2772
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Millenkamp Farms Corporation
	 	7/10/09
	 	Doc. 2009 2775
	 	Book 2009: Page 2775
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Millenkamp Farms, Corp
	 	8/14/09
	 	Doc. 2009 3202
	 	Book 2009: Page 3202
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Millenkamp Farms Corporation
	 	7/10/09
	 	Doc. 2009 2774
	 	Book 2009: Page 2774
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Millenkamp Farms, Corp
	 	7/10/09
	 	Doc. 2009 2773
	 	Book 2009: Page 2773
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Allen D. Monaghan and Keila R. Monaghan
	 	7/1/09
	 	Doc. 2009 2600
	 	Book 2009: Page 2600
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	LeRoy B. Mullis, Trustee, LeRoy B Mullis
Revocable Inter Vivos Trust and Elaine A.
Mullis, Trustee, Elaine Mullis Revocable
Inter Vivos Trust
	 	7/1/09
	 	Doc. 2009 2605
	 	Book 2009: Page 2605
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	LeRoy B. Mullis, Trustee of the LeRoy B
Mullis Revocable Inter Vivos Trust and
Elaine Mullis, Trustee of the Elaine
Mullis Revocable Inter Vivos Trust
	 	7/1/09
	 	Doc. 2009 2595
	 	Book 2009: Page 2595
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	John P. Nefzger and Linda L. Nefzger
	 	7/1/09
	 	Doc. 2009 2596
	 	Book 2009: Page 2596
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Ralph Donald Nieman and Reva Christine
Nieman
	 	7/1/09
	 	Doc. 2009 2630
	 	Book 2009: Page 2630
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Gerald B. Nurre and Rita M. Nurre
	 	7/1/09
	 	Doc. 2009 2604
	 	Book 2009: Page 2604
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Gary B. Nurre and Rita M. Nurre
	 	7/1/09
	 	Doc. 2009 2603
	 	Book 2009: Page 2603
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Donald J. Pottebaum and Jean K. Pottebaum
	 	7/1/09
	 	Doc. 2009 2609
	 	Book 2009: Page 2609
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Donald J. Pottebaum and Jean K. Pottebaum
	 	8/14/09
	 	Doc. 2009 3195
	 	Book 2009: Page 3195
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Marty A. Pottebaum
	 	7/1/09
	 	Doc. 2009 2631
	 	Book 2009: Page 2631
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Don Preussner, a/k/a Don A. Preussner and
Beverly Preussner
	 	7/1/09
	 	Doc. 2009 2597
	 	Book 2009: Page 2597






A-14









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Delaware

	 	IA
	 	Don A. Preussner and Beverly Preussner
	 	7/1/09
	 	Doc. 2009 2598
	 	Book 2009: Page 2598
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Eugene Prier, a/k/a Eugene A. Prier
	 	7/1/09
	 	Doc. 2009 2622
	 	Book 2009: Page 2622
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Bette J. Raus and Bill Raus
	 	8/14/09
	 	Doc. 2009 3208
	 	Book 2009: Page 3208
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Joan L. Recker
	 	7/1/09
	 	Doc. 2009 2633
	 	Book 2009: Page 2633
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Alfred C. Reinart and Agnes Ann Reinart
	 	7/1/09
	 	Doc. 2009 2612
	 	Book 2009: Page 2612
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	James E. Richter and Theresa E. Richter
	 	8/14/09
	 	Doc. 2009 3215
	 	Book 2009: Page 3215
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	James E. Richter and Theresa E. Richter
	 	8/14/09
	 	Doc. 2009 3216
	 	Book 2009: Page 3216
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Esther I. Ries
	 	7/1/09
	 	Doc. 2009 2614
	 	Book 2009: Page 2614
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Esther I. Ries
	 	7/1/09
	 	Doc. 2009 2615
	 	Book 2009: Page 2615
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	William D. Ryan and Marlene Ryan
	 	7/1/09
	 	Doc. 2009 2599
	 	Book 2009: Page 2599
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	LeRoy John Schnieders, Trustee of the
LeRoy John Schnieders Revocable Inter
Vivos Trust and Mary Valene Schnieders,
Trustee of the Mary Valene Schnieders
Revocable Inter Vivos Trust
	 	10/7/09
	 	Doc. 2009 3833
	 	Book 2009: Page 3833
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	LeRoy John Schnieders, Trustee of the
LeRoy John Schnieders Revocable Inter
Vivos Trust and Mary Valene Schnieders,
Trustee of the Mary Valene Schnieders
Revocable Inter Vivos Trust
	 	10/7/09
	 	Doc. 2009 3832
	 	Book 2009: Page 3832
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Clarence Spellerberg and Arlene Spellerberg
	 	7/1/09
	 	Doc. 2009 2606
	 	Book 2009: Page 2606
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Agnes A. Steffensmeier
	 	10/7/09
	 	Doc. 2009 3830
	 	Book 2009: Page 3830
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Swanson Family Farms Corporation
	 	10/7/09
	 	Doc. 2009 3839
	 	Book 2009: Page 3839
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Daryl J. Vaske and Jennifer L. Vaske
	 	7/1/09
	 	Doc. 2009 2619
	 	Book 2009: Page 2619






A-15









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Delaware

	 	IA
	 	Leon A. Vaske and Verna A. Vaske
	 	7/1/09
	 	Doc. 2009 2626
	 	Book 2009: Page 2626
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Loretta F. Vaske
	 	7/1/09
	 	Doc. 2009 2625
	 	Book 2009: Page 2625
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Judith R. Welling, Walter Welling, and
Peter J. Welling and Stacey Welling; and
Raymond B. Vaske as Trustee of the Raymond
B Vaske Trust dated 7/25/07
	 	10/7/09
	 	Doc. 2009 3837
	 	Book 2009: Page 3837
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Cory Westhoff and Michele Westhoff
	 	10/7/09
	 	Doc. 2009 3838
	 	Book 2009: Page 3838
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Arthur White
	 	8/14/09
	 	Doc. 2009 3207
	 	Book 2009: Page 3207
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Fred E. Willenborg, Trustee of the Fred E.
Willenborg Revocable Inter Vivos Trust and
Ruth H. Willenborg, Trustee of the Ruth H.
Willenborg Revocable Inter Vivos Trust
	 	7/10/09
	 	Doc. 2009 2768
	 	Book 2009: Page 2768
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Harley H. Willenborg and Rose Ann
Willenborg
	 	7/1/09
	 	Doc. 2009 2602
	 	Book 2009: Page 2602
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Donald W. Lahr
	 	11/12/09
	 	Doc. 2009 4242
	 	Book 2009; Page 4242
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Allen F. Remling Estate
	 	11/12/09
	 	Doc. 2009 4245
	 	Book 2009; Page 4245
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Gary Lee Deutmeyer and John Joseph
Deutmeyer, Co-Executors of the Estate of
Laverne Andrew Deutmeyer, Deceased
	 	11/12/09
	 	Doc. 2009 4244
	 	Book 2009; Page 4244
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Diane Bessey, a/k/a Dolly Bessey and Randy
Bessey
	 	11/12/09
	 	Doc. 2009 4243
	 	Book 2009; Page 4243
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Delaware

	 	IA
	 	Janet M. Woeste, Ronald D. Woeste and
Steven F. Woeste as Trustees of the Trust
Under the Last Will & Testament of Roger
W. Woeste, Deceased
	 	11/12/09
	 	Doc. 2009 4246
	 	Book 2009; Page 4246
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Des Moines

	 	IA
	 	Linda M. Long
	 	5/11/09
	 	 	2009-002241	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dickinson

	 	IA
	 	David E. Leith Intervivos Trust
	 	4/13/09
	 	Inst. 09-02311
	 	Book 32; Page 539






A-16









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Dickinson

	 	IA
	 	Suzanne Edington and Frank D. Edington, Jr.
	 	7/31/09
	 	Inst. 09-04974         
	 	Book 33; Page 647
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Gerald N. Arensdorf and Rita M. Arensdorf
	 	9/24/09
	 	Doc. 006571730002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00018215
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Ricky C. Bergfeld and Amy S. Bergfeld
	 	8/7/09
	 	Doc. 006538320002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015718
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Elizabeth Bockenstedt
	 	8/7/09
	 	Doc. 006538400002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015726
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Thomas J. Budde
	 	6/30/09
	 	Doc. 006502090002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00013083
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	City of New Vienna
	 	8/7/09
	 	Doc. 006538290002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015715
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Harlan Clapham (Contract Seller); Richard
H. Brodersen (Contract Purchaser)
	 	9/24/09
	 	Doc. 006571660002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00018208
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Dale J. Cook Testamentary Trust
	 	6/30/09
	 	Doc. 006502100002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00013084
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Joseph A. Demmer and Dixie L. Demmer
	 	9/24/09
	 	Doc. 006571700002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00018212
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Wayne J. Demmer and Joan I. Demmer
	 	9/24/09
	 	Doc. 006571690002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00018211
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Patrick S. Engelken and Carol Engelken
	 	8/7/09
	 	Doc. 006538300002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015716
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Donald Fangmann
	 	8/7/09
	 	Doc. 006538500002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015736
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Gansen Family Limited Partnership
	 	8/7/09
	 	Doc. 006538360002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015722
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Daniel E. Gansen and Barbara J. Gansen
	 	6/30/09
	 	Doc. 006502150002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00013089
	 	 






A-17









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Dubuque

	 	IA
	 	William V. Gansen and Elaine M. Gansen
	 	8/7/09
	 	Doc. 006538280002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015714
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Declaration of Trust of Frances A. Gansen
dated 12/16/96
	 	8/7/09
	 	Doc.
006538370002
File 2009-00015723
	 	 
	 

	 	 	 	 	 	 	 	
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Gerald Gaul and Joan Gaul
	 	9/24/09
	 	Doc. 006571630002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00018205
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	John P. Gremmel and Julie L. Gremmel
	 	9/24/09
	 	Doc. 006571670002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00018209
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Frederick J. Henneberry and Virginia M.
Henneberry
	 	6/30/09
	 	Doc. 006502120002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00013086
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Richard J. Hoffman and Marilla A. Hoffman
	 	8/7/09
	 	Doc. 006538440002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015730
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	The Joyce M. Jasper Family Revocable
Living Trust
	 	8/7/09
	 	Doc. 006538340002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015720
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Stuart F. Leggett and Frances I. Leggett
(Contract Sellers); Curt Kass and Karen
Kass (Contract Buyers)
	 	9/24/09
	 	Doc.
006571740003
File 2009-00018216
	 	 
	 

	 	 	 	 	 	 	 	
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Robert Kloser and Karen Kloser
	 	6/30/09
	 	Doc. 006502130002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00013087
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Jason Kremer and Linette Kremer
	 	8/7/09
	 	Doc. 006538450002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015731
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Ruth A. Koos and Donald J. Koos
	 	8/7/09
	 	Doc. 006538350002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015721
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Paul M. Koerperich and Catherine A.
Koerperich
	 	6/30/09
	 	Doc. 006502140002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00013088
	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Thomas V. Langel and Amelia A. Langel
	 	8/7/09
	 	Doc. 006538490002
	 	 
	 

	 	 	 	 	 	 	 	File 2009-00015735
	 	 







A-18












 





	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Dubuque

	 	IA
	 	Michael J. Lehmann and Ruth A. Lehmann (Contract
Sellers) and Russell Lehmann (Contract Buyer)
	 	6/30/09
	 	Doc. 006502080003
File 2009-00013082	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Ann Kennedy Ludovissy, Maureen A. Kennedy, and
Katherine J. Kennedy Flannery
	 	6/30/09
	 	Doc. 006502050004
File 2009-00013079	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Leonard McCarthy
	 	6/30/09
	 	Doc. 006502110002
File 2009-00013085	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Philip J. McCarthy and Colleen M. McCarthy
	 	6/30/09
	 	Doc. 006502060002
File 2009-00013080	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Philip J. McCarthy and Colleen M. McCarthy
	 	6/30/09
	 	Doc. 006502070002
File 2009-00013081	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	James J. Mueller and Carol J. Mueller
	 	8/7/09
	 	Doc. 006538330002
File 2009-00015719	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	James J. Mueller and Carol J. Mueller
	 	8/7/09
	 	Doc. 006538420002
File 2009-00015728	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	James J. Mueller and Carol J. Mueller
	 	8/7/09
	 	Doc. 006538410002
File 2009-00015727	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Cory J. Pfab and Susan L. Pfab
	 	8/7/09
	 	Doc. 006538430002
File 2009-00015729	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Donald P. Rauen, Jr. and Carolyn Rauen; William P.
Rauen; and Michael P. Rauen
	 	8/7/09
	 	Doc. 006538270004
File 2009-00015713	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Craig A. Recker and Susan J. Recker
	 	9/24/09
	 	Doc. 006571720002
File 2009-00018214	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Donald J. Schmidt and Erna M. Schmidt
	 	6/30/09
	 	Doc. 006502040002
File 2009-00013078	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	John W. Smith and Maria A. Smith
	 	8/7/09
	 	Doc. 006538510002
File 2009-00015737	 	 






A-19









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Dubuque

	 	IA
	 	Kirk T. Snedden and Gayle J. Snedden
	 	8/7/09
	 	Doc. 006538310002
File 2009-00015717	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Nicholas P. Smith and Jessica A. Smith
	 	9/25/09
	 	Doc. 006572700002
File 2009-00018290	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Charles R. Sroka and Georgia M. Sroka
	 	8/7/09
	 	Doc. 006538460002
File 2009-00015732	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Dale J. Waller and Shelly A. Waller
	 	8/7/09
	 	Doc. 006538380002
File 2009-00015724	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Dale J. Waller and Shelly A. Waller
	 	8/7/09
	 	Doc. 006538390002
File 2009-00015725	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	1/7 to John F. Walsh, 1/7 to Clement Walsh, 1/7 to
Catherine M. Walsh, 1/7 to Angela Walsh, 1/7 to
Anne Marie Walsh, 1/7 to Mary Ellen Walsh and 1/7
to William Walsh
	 	9/24/09
	 	Doc. 006571750008
File 2009-00018217	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Dennis E. Willenborg and Carol Ann L. Willenborg
	 	8/7/09
	 	Doc. 006538520002
File 2009-00015738	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Donna Mae Zimmerman
	 	8/7/09
	 	Doc. 006538470002
File 2009-00015733	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Seippel House, LLC
	 	4/6/09
	 	Doc. 006409040002
File 2009-00006439	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Spiegel Family Realty Company Iowa, LLC
	 	3/16/09
	 	Doc. 006384760002
File 2009-00004772	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	City of Peosta, Iowa
	 	6/8/09
	 	Doc. 006479240002
File 2009-00011189	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	City of Peosta, Iowa
	 	3/16/09
	 	Doc. 006384770002
File 2009-00004773	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Gerald L. Conrad and Jean M. Conrad
	 	11/23/09
	 	Doc. 006614970005
File 2009-00021383	 	 






A-20









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Dubuque

	 	IA
	 	Hilda M. Kramer, an undivided 1/2 interest, and
Jane Mary Kramer Anthony, an undivided 1/2
interest
	 	11/23/09
	 	Doc. 006614980002
File 2009-00021384	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	Thomas J. Hoeger, Sr. and Marlene E. Hoeger
	 	11/23/09
	 	Doc. 006614990002
File 2009-00021385	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Dubuque

	 	IA
	 	St. John the Baptist Cemetery Association, Peosta,
Iowa
	 	11/23/09
	 	Doc. 006615000003
File 2009-00021386	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Robert T. Hamilton, Inc.
	 	12/26/08
	 	Inst. 20083023	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Robert T. Hamilton, Inc.
	 	12/26/08
	 	Inst. 20083036	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Dianne B. Christopher
	 	12/26/08
	 	Inst. 20083026	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Charles Fitz
	 	12/26/08
	 	Inst. 20083029	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Dale and Irene Hackbarth Farms, Inc.
	 	12/26/08
	 	Inst. 20083035	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Elena A. Ites
	 	12/26/08
	 	Inst. 20083027	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Raejean Schafer
	 	12/26/08
	 	Inst. 20083033	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Mike L. Rankin
	 	12/26/08
	 	Inst. 20083030	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	James Randall Toomsen and Ellen Elizabeth Toomsen
	 	12/26/08
	 	Inst. 20083028	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	W.K. Meyer Farms, L.C., one-half interest;
Constance J. Meyer, one-half interest
	 	12/26/08
	 	Inst. 20083034	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	David D. Williams
	 	12/26/08
	 	Inst. 20083024	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	James A. Rankin
	 	12/26/08
	 	Inst. 20083037	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	James A. Rankin and Kathryn M. Rankin
	 	12/26/08
	 	Inst. 20083039	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Kathryn M. Rankin
	 	12/26/08
	 	Inst. 20083038	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Franklin

	 	IA
	 	Stockdale Farms, Ltd.
	 	12/26/08
	 	Inst. 20083031	 	 






A-21









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Greene

	 	IA
	 	Barbara Liesener and Robert L. Liesener
	 	7/8/09
	 	Inst. 2009-1089
	 	Book 27 Page 418
	 
	 	 	 	 	 	 	 	 	 	 
	Greene

	 	IA
	 	Lovila A. Hansen, 1/2 interest and Lovila A.
Hansen, Life Estate, Remainder to Steven D.
Hansen, Donna J. Bills, Debra A. Laster and Donald
Laster, Julie A. Bylund and Roger Bylund and Kathy
A. Hansen, in equal shares, 1/2 interest
	 	7/27/09
	 	Inst. 2009-1182
	 	Book 27 Page 440
	 
	 	 	 	 	 	 	 	 	 	 
	Greene

	 	IA
	 	Louis Dreyfus Commodities Grand Junction, LLC
	 	4/1/09
	 	Inst. 2009-0520
	 	Book 27 Page 324
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	William Marsau and Stacy Marsau
	 	5/7/09
	 	Doc. 2009 1197	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	Norman E. Ross Trust and Caryl J. Ross, Initial
Trustee of the Caryl J. Ross Family Trust
Agreement dated 10/16/90
	 	5/14/09
	 	Doc. 2009 1266	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	Van Diest Supply Company
	 	5/7/09
	 	Doc. 2009 1193	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	Daryl E. Erickson and Barbara Z. Erickson
	 	5/7/09
	 	Doc. 2009 1194	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	Matthew D. Carlson and Carol E. Carlson, as Joint
Tenants with Right of Survivorship and not as
Tenants in Common
	 	5/7/09
	 	Doc. 2009 1196	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	Sandra K. Long
	 	5/7/09
	 	Doc. 2009 1198	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	Steve Carlson (an undivided 1/2 interest) and
Steve Carlson and Janice A. Carlson (an undivided
1/2 interest)
	 	5/7/09
	 	Doc. 2009 1199	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hamilton

	 	IA
	 	Betty Runyan, Edward Dean Runyan, Larry Runyan,
Nancy Runyan, Colleen Runyan Milburn, Linda Runyan
DeVore, Ronald Runyan and Rosalie Runyan Dopita,
Sellers, and Carlson Farmland LLC, Buyer
	 	5/7/09
	 	Doc. 2009 1195	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Eldora Industrial Development Corp.
	 	8/7/09
	 	Doc. 2009 2443	 	 






A-22









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Hardin

	 	IA
	 	Robert T. Hamilton and Arlene M. Hamilton
	 	12/24/08
	 	Doc. 2008 3954	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Robert T. Hamilton
	 	12/24/08
	 	Doc. 2008 3953	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Robert T. Hamilton and Arlene M. Hamilton
	 	12/24/08
	 	Doc. 2008 3955	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Dennis Barrick
	 	12/24/08
	 	Doc. 2008 3956	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Jason Lettow
	 	12/24/08
	 	Doc. 2008 3950	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Merle L. Rankin
	 	12/24/08
	 	Doc. 2008 3951	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	James A. Rankin
	 	12/24/08
	 	Doc. 2008 3952	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Joe Paglia and Wade Allen Paglia
	 	10/2/09
	 	Doc. 2009 3018	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Joe Paglia and Wade Allen Paglia
	 	6/24/09
	 	Doc. 2009 1861	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Robert Winter and Nancy Winter
	 	6/8/09
	 	Doc. 2009 1591	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Strathe, Inc.
	 	6/8/09
	 	Doc. 2009 1589	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Marlyn Steinfeldt
	 	6/10/09
	 	Doc. 2009 1663	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Remington Seeds LLC
	 	6/11/09
	 	Doc. 2009 1705	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Marilyn Johanna Reinertson and Jason Lee Reinertson
	 	6/8/09
	 	Doc. 2009 1587	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Edward L. Mosher and Rachel Seward Groepper Mosher
	 	6/8/09
	 	Doc. 2009 1590	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Vickie J. McDonald and Joyce A. McDonald
	 	7/2/09
	 	Doc. 2009 1990	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Richard J. Mannetter and Cindy Lee Mannetter
	 	6/24/09
	 	Doc. 2009 1858	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	James W. Mannetter, Trustee of the James W.
Mannetter Revocable Trust UAD the 12th day of May,
1995 and Ruth M. Mannetter, Trustee of the Ruth M.
Mannetter Revocable Trust UAD the 12th day of May,
1995
	 	6/24/09
	 	Doc. 2009 1860	 	 






A-23









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Hardin

	 	IA
	 	M Farms, Inc.
	 	6/10/09
	 	Doc. 2009 1672	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Richard Lawler and Mary Lou Lawler
	 	6/8/09
	 	Doc. 2009 1588	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Martin Kasischke and Judith Kasischke
	 	6/10/09
	 	Doc. 2009 1667	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Hubbard Maple Street Apartments, LLC
	 	6/10/09
	 	Doc. 2009 1664	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Hubbard Care Center, Inc.
	 	6/10/09
	 	Doc. 2009 1668	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Hubbard Care Center, Inc.
	 	6/10/09
	 	Doc. 2009 1669	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	H.D. Hudson Manufacturing
	 	6/24/09
	 	Doc. 2009 1859	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Hardin County
	 	6/10/09
	 	Doc. 2009 1671	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Audrey Freitag and Arnold Freitag
	 	6/10/09
	 	Doc. 2009 1665	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	George E. Faust as Trustee of the George E. Faust
Trust dated 9/20/99, and Carma R. Faust as Trustee
of the Carma R. Faust Trust dated 9/20/99
	 	6/11/09
	 	Doc. 2009 1703	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	City of Hubbard, Iowa
	 	6/10/09
	 	Doc. 2009 1670	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Sharon Ann Balvanz as Trustee of the Sharon Ann
Balvanz Trust
	 	6/10/09
	 	Doc. 2009 1666	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	James G. Frevert as Trustee of the James G.
Frevert Revocable Trust under date of 11/5/02 and
Clare E. Frevert as Trustee of the Clare E.
Frevert Revocable Trust under date of 11/5/02
	 	9/25/09
	 	Doc. 2009 2937	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Hardin

	 	IA
	 	Arlan W. Eller and Darlys E. Eller
	 	10/14/09
	 	Doc. 2009 3133	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Jackson

	 	IA
	 	Dave H. Niensteadt and Patricia A. Niensteadt
	 	11/23/09
	 	Doc. 09-4537
	 	Book 2009; Page 4537
	 
	 	 	 	 	 	 	 	 	 	 
	Jackson

	 	IA
	 	James A. Guerdet, Janelle M Donahue and Mary Carol
Guerdet
	 	11/23/09
	 	Doc. 09-4538
	 	Book 2009; Page 4538
	 
	 	 	 	 	 	 	 	 	 	 
	Jackson

	 	IA
	 	Timothy Waller
	 	11/23/09
	 	Doc. 09-4539
	 	Book 2009; Page 4539






A-24









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Jasper

	 	IA
	 	AG/IRG WPM Newton, LLC
	 	3/13/09
	 	Doc. 001783990004
File 2009-00001442	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Lee (North)

	 	IA
	 	Robert Buechel and Larry Buechel
	 	6/29/09
	 	Doc. 2009 2025
	 	Book 09N; Page 2025
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Linn County, Iowa, Conservation Board
	 	10/15/09
	 	Doc. 014518400002
	 	Book 7433; Page 60
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Rodney Grother and Mary Grother
	 	1/19/09
	 	Doc. 013912710003
Inst. 200900038403
	 	Book 7163; Page 471
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Lee Crawford Quarry Company
	 	4/29/09
	 	Doc. 014155510002
Inst. 200900061116
	 	Book 7263; Page 29
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Diane K. Spicer
	 	4/2/09
	 	Doc. 014090870002
Inst. 200900055165
	 	Book 7237; Page 4023
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Rockwood Farms, Inc.
	 	4/29/09
	 	Doc. 014155470002
Inst. 200900061112
	 	Book 7263; Page 21
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Verlyn D. Jackson and Mary Ann Jackson
	 	4/2/09
	 	Doc. 014090880002
Inst. 200900055166
	 	Book 7237; Page 404
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	William K. Robinson and Debra J. Robinson
	 	4/29/09
	 	Doc. 014155460002
Inst. 200900061111
	 	Book 7263; Page 19
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Dwight D. Walters and Wendy A. Walters
	 	4/29/09
	 	Doc. 014155490002
Inst. 200900061114
	 	Book 7263; Page 25
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Gary W. Lefebure and Bonita A. Lefebure, Trustees
of the Gary W. Lefebure Family Trust; Dean J.
Lefebure and Debra L. Lefebure, Trustees of the
Dean J. and Debra L. Lefebure Family Trust; Dale
A. Lefebure and Kristana K. Lefebure, Trustees of
the Dale A. and Kristana K. Lefebure Family Trust;
and John D. Lefebure and Margaret E. Lefebure,
Trustees of the Don and Peg Lefebure Family Trust
	 	7/21/09
	 	Doc. 014337080005
	 	Book 7355; Page 281






A-25









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Linn

	 	IA
	 	Carrol A. Stark and Theodore W. Stark
	 	4/29/09
	 	Doc. 014155520002
Inst. 200900061117
	 	Book 7263; Page 31
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Glenn E. Schanbacher and Christine L. Schanbacher
	 	4/2/09
	 	Doc. 014090860002
Inst. 200900055164
	 	Book 7237; Page 400
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	John T. Wiley, Jr. and Donna Wiley
	 	4/29/09
	 	Doc. 014155530002
Inst. 200900061118
	 	Book 7263; Page 33
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Robert G. Brewer and Carol E. Brewer
	 	7/29/09
	 	Doc. 014352610003
	 	Book 7363; Page 298
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	The Cedar Rapids and Iowa City Railway
	 	4/9/09
	 	Doc. 014111740011
Inst. 200900056712
	 	Book 7243; Page 485
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	The Meth-Wick Community, Inc.
	 	8/7/09
	 	Doc. 014375360004
	 	Book 7374; Page 239
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	The Meth-Wick Community, Inc.
	 	8/7/09
	 	Doc. 014375370005
	 	Book 7374; Page 243
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	The Meth-Wick Community, Inc.
	 	8/7/09
	 	Doc. 014375380006
	 	Book 7374; Page 248
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	The Quaker Oats Company
	 	8/25/09
	 	Doc. 014406720007
	 	Book 7387; Page 636
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Interstate Power and Light Company, as Assignor
	 	6/12/09
	 	Doc. 014259690016
Inst. 200900071902
	 	Book 7314; Page 62
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Wesley Paul Howard and Ann Elizabeth Howard
	 	8/24/09
	 	Doc. 014403670002
	 	Book 7386; Page 262
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Steven R. Powell and Jacqueline S. Powell
	 	8/3/09
	 	Doc. 014362440002
	 	Book 7368; Page 205
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Russell R. Price and Marilyn E. Price
	 	8/24/09
	 	Doc. 014403660002
	 	Book 7386; Page 260
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Josephine K. Scholtus
	 	4/29/09
	 	Doc. 014155500002
Inst. 200900061115
	 	Book 7263; Page 27
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	James O’Connell and Barbara O’Connell
	 	4/29/09
	 	Doc. 014155480002
Inst. 200900061113
	 	Book 7263; Page 23
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Margaret Ann O’Connell
	 	7/8/09
	 	Doc. 014311800002
	 	Book 7341; Page 487
	 
	 	 	 	 	 	 	 	 	 	 
	Linn

	 	IA
	 	Margaret Ann O’Connell
	 	7/8/09
	 	Doc. 014311810002
	 	Book 7341; Page 489
	 
	 	 	 	 	 	 	 	 	 	 
	Louisa

	 	IA
	 	Lihs Inc
	 	9/18/09
	 	 	 	Fee Book 2009-0431






A-26









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Marshall

	 	IA
	 	Ora M. Whitaker and Darlene J. Whitaker
	 	5/11/09
	 	Doc. 003159090002
File 2009-00002511	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Helen A. Anderson, Donn A. Anderson and Linda K.
Monroe, Co-Trustees of the Residuary Trust of
Ralph W. Anderson (an undivided 1/2 interest) and
Helen A. Anderson (an undivided 1/2 interest)
	 	5/11/09
	 	Doc. 003159100003
File 2009-00002512	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Ivadell I. Freiberg (Contract Seller) and Dan L.
Freiberg (Contract Buyer)
	 	5/11/09
	 	Doc. 003159110002
File 2009-00002513	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Carl P. Kurtz and Linda B. Kurtz
	 	5/11/09
	 	Doc. 003159120002
File 2009-00002514	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Bruce Carl Robins
	 	5/11/09
	 	Doc. 003159140002
File 2009-00002516	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Bruce Carl Robins; and a life estate in Elaine E.
Robins, also known as Elaine Davis Robins
(Contract Seller) and Bruce Carl Robins (Contract
Buyer)
	 	5/11/09
	 	Doc. 003159130003
File 2009-00002515	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Kendall J. Jensen and Lois Jensen and Kevin R.
Jensen and Sharon Jensen
	 	5/11/09
	 	Doc. 003159150003
File 2009-00002517	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Thomas E. Rittgers as Trustee of the Thomas E.
Rittgers Revocable Inter Vivos Trust
	 	5/11/09
	 	Doc. 003159160002
File 2009-00002518	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Patrick T. Milder and Ruth A Milder
	 	5/11/09
	 	Doc. 003159170002
File 2009-00002519	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Glen Henze and Marcia R. Henze
	 	5/11/09
	 	Doc. 003159180002
File 2009-00002520	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Alldunn L.L.C.
	 	5/11/09
	 	Doc. 003159190003
File 2009-00002521	 	 






A-27









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Marshall

	 	IA
	 	Richard A. Oehlsen and the Betty L. Oehlsen
Residuary Trust, U/W Betty L. Oehlsen
	 	5/11/09
	 	Doc. 003159200003
File 2009-00002522	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Larry Allen and Karen Allen
	 	5/11/09
	 	Doc. 003159210002
File 2009-00002523	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Irene C. Armbrecht, Trustee of the Irene C.
Armbrecht Trust created by Trust Agreement dated
2/23/93, 1/2 interest and Joseph C. Armbrecht,
Trustee of the Joseph C. Armbrecht Trust created
by Trust Agreement dated 2/23/93, 1/2 interest
	 	5/11/09
	 	Doc. 003159220003
File 2009-00002524	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Edith G. Armbrecht (Contract Seller) and Allan R.
Armbrecht and Linda R. Armbrecht, (Contract
Buyers)
	 	5/11/09
	 	Doc. 003159230003
File 2009-00002525	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Henry Armbrecht and Kimberly Moon — Armbrecht
	 	5/11/09
	 	Doc. 003159240002
File 2009-00002526	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Orville K. Edler and Marian L. Edler
	 	5/11/09
	 	Doc. 003159250002
File 2009-00002527	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Carol Pierson and Richard E. Pierson (Contract
Seller) and William T. Weuve and Jamie E. Weuve
(Contract Buyer)
	 	5/11/09
	 	Doc. 003159260003
File 2009-00002528	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	William Todd Weuve and Jamie Ellen Weuve
	 	5/11/09
	 	Doc. 003159270002
File 2009-00002529	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Clifford Schaper and Lucille A. Schaper
	 	5/11/09
	 	Doc. 003159280002
File 2009-00002530	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	John W. Sparks and Terry Sparks
	 	5/11/09
	 	Doc. 003159290002
File 2009-00002531	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Earl W. Weuve, Jr. and Monna M. Weuve
	 	5/11/09
	 	Doc. 003159300002
File 2009-00002532	 	 






A-28









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Marshall

	 	IA
	 	Sharon J. Wheater, Life Estate and Susan Jean
Wheater Rainsbarger and Charles Rainsbarger,
Remainder
	 	9/8/09
	 	Doc. 003212150003

File 2009-00005283	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Sharon J. Wheater, Life Estate and Susan Jean
Wheater Rainsbarger and Charles Rainsbarger,
Remainder
	 	5/14/09
	 	Doc. 003161190003

File 2009-00002634	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	Jerry L. Allen and Debra S. Allen
	 	5/14/09
	 	Doc. 003161200002

File 2009-00002635	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Marshall

	 	IA
	 	William Raymond Mason a/k/a William R. Mason by
United Bank & Trust
	 	9/8/09
	 	Doc. 003211920003

File 2009-00005277	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Mitchell

	 	IA
	 	Jerry Patterson and Susan Patterson
	 	3/4/09
	 	Doc. 2009 474
	 	Book 2009; Page 474
	 
	 	 	 	 	 	 	 	 	 	 
	Mitchell

	 	IA
	 	Rodney E. Albertson and Suzanne Albertson,
Trustees of the Rodney and Suzanne Albertson
Revocable Living Family Trust
	 	5/27/09
	 	Doc. 2009 1193
	 	Book 2009; Page 1193
	 
	 	 	 	 	 	 	 	 	 	 
	Mitchell

	 	IA
	 	Gordon W. Newton
	 	4/17/09
	 	Doc. 2009 851
	 	Book 2009; Page 851
	 
	 	 	 	 	 	 	 	 	 	 
	Mitchell

	 	IA
	 	Pioneer Prairie Wind Farm I, LLC
	 	12/29/08
	 	Doc. 2008 2467
	 	Book 2008; Page 2467
	 
	 	 	 	 	 	 	 	 	 	 
	Muscatine

	 	IA
	 	Donald L. Schumaker and Lavonn L. Schumaker
	 	2/12/09
	 	Doc. 2009-00785	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Story

	 	IA
	 	Ronald G. Huhn
	 	8/13/08
	 	Inst. 2008-00009193	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Wapello

	 	IA
	 	Indian Hills Community College
	 	2/26/09
	 	Doc. 2009 0776
	 	Book 2009; Page 0776
	 
	 	 	 	 	 	 	 	 	 	 
	Washington

	 	IA
	 	David J. Birney and Linda M. Birney an undivided
3/4 interest and Christine Birney and undivided
1/4 interest
	 	5/8/09
	 	Doc. 09-2063
	 	Book 2009; Page 2063
	 
	 	 	 	 	 	 	 	 	 	 
	Washington

	 	IA
	 	Patrick D. Haifley and Tracey L. Haifley
	 	5/8/09
	 	Doc. 09-2064
	 	Book 2009; Page 2064
	 
	 	 	 	 	 	 	 	 	 	 
	Washington

	 	IA
	 	Firstar Bank Ottumwa, Trustee of the Charitable
Unitrust created by the Will of Addie Hazel Meek
being admin. as probate docket #PR-703 (Wash.
County) (Contract Seller) and Lawrence Whisler and
Shirley A. Whisler (Contract Buyer)
	 	5/8/09
	 	Doc. 09-2062
	 	Book 2009; Page 2062





A-29









 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Recorded Document	 	 
	County	 	State	 	Grantor	 	Recording Date	 	Number	 	Book and Page
	Worth

	 	IA
	 	Curtis A. Nelson and Patricia L. Nelson
	 	8/19/09
	 	 	 	Fee Book 20091815
	 
	 	 	 	 	 	 	 	 	 	 
	Worth

	 	IA
	 	Kyle A. Wallin and Janet J. Wallin
	 	7/20/09
	 	 	 	Fee Book 20091597
	 
	 	 	 	 	 	 	 	 	 	 
	Worth

	 	IA
	 	Scott B. Madsen and Deanna G. Madsen
	 	8/10/09
	 	 	 	Fee Book 20091753
	 
	 	 	 	 	 	 	 	 	 	 
	Freeborn

	 	MN
	 	R. Emil Olson and Nadiene C. Olson as Trustees of
the R. Emil Olson Trust
	 	8/10/09
	 	Doc. 483808

office of the
Freeborn
 County
Recorder	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Freeborn

	 	MN
	 	R. Emil Olson and Nadiene C. Olson as Trustees of
the R. Emil Olson Trust
	 	9/10/09
	 	Doc. 484305

office of the
Freeborn
 County
Recorder	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Freeborn

	 	MN
	 	Orin Solland as Trustee of the Solland Revocable
Trust
	 	8/10/09
	 	Doc. 483807

office of the
Freeborn
 County
Recorder	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Freeborn

	 	MN
	 	David A. Christensen and Judy M. Christensen
	 	8/10/09
	 	Doc. 483806

office of the
Freeborn
 County
Recorder	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Mower

	 	MN
	 	Gene F. Noterman
	 	8/6/09
	 	Doc. A000577048

office of the Mower

County Recorder	 	 
	 
	 	 	 	 	 	 	 	 	 	 






A-30












 





Exhibit B




SUBORDINATION TERMS



The unsecured permitted indebtedness evidenced by this instrument is subordinated and subject in
right of payment to the prior payment in full of all Senior Debt Obligations (as hereinafter
defined) of ITC Midwest LLC, a limited liability company formed under the laws of the State of
Michigan (the “Company”). Each holder of this instrument, by its acceptance hereof, agrees to and
shall be bound by all the provisions hereof.



All capitalized terms used herein and not otherwise defined herein shall have the meanings
attributed to them in the Fourth Supplemental Indenture, dated as of December 10, 2009 (as in
effect on the date hereof, the “Supplemental Indenture”), between the Company and The Bank of New
York Mellon Trust Company, N.A. (as successor to The Bank of New York Trust Company, N.A.), as
trustee (the “Trustee”).



The term “Senior Debt Obligations”, as used herein, shall include all, loans, advances, debts,
liabilities and obligations, howsoever arising (whether or not evidenced by any note or instrument
and whether or not for the payment of money), direct or indirect, absolute or contingent, due or to
become due, now existing or hereafter arising (collectively, as used herein, “Obligations”) of the
Company now or hereafter existing in respect of Senior Debt (as defined herein) and any amendments,
modifications, deferrals, renewals or extensions of any such Senior Debt, or of any notes or
evidences of indebtedness heretofore or hereafter issued in evidence of or in exchange for any such
Obligation, whether for principal, interest (including interest payable in respect of any such
Obligations subsequent to the commencement of any proceeding against or with respect to the Company
under any chapter of the Bankruptcy Code, 11 U.S.C. § 101 et seq. (the “Bankruptcy Code”), or any
provision of corresponding bankruptcy, insolvency or commercial reorganization legislation of any
other jurisdiction, whether or not such interest is an allowed claim enforceable against the
debtor, and whether or not the holder of such obligation would be otherwise entitled to receive
dividends or payments with respect to any such interest or any such proceeding), premium (including
Make-Whole Amount), if any, fees, expenses or otherwise.



The term “Senior Debt”, as used herein, shall mean (i) all Senior Secured Debt and (ii) all
unsecured Debt of the Company permitted to be incurred by the Company pursuant to the Mortgage
Indenture or the Supplemental Indenture which is not subject to any subordination terms whether or
not similar to those set forth in this instrument.



The term “Subordinated Debt”, as used herein, shall mean all Obligations of the Company evidenced
by this instrument owing to any Person now or hereafter existing hereunder (whether created
directly or acquired by assignment or otherwise), whether for principal, interest (including,
without limitation, interest accruing after the filing of a petition initiating any bankruptcy
proceeding described in the definition of Senior Debt Obligations, whether or not such interest
accrues after the filing of such petition for purposes of the Bankruptcy Code or is an allowed
claim in such proceeding), fees, expenses or otherwise.




 









 







On and after the date of the December Closing, no payment on account of principal, interest, fees,
premium, expenses or otherwise on this Subordinated Debt shall be made by the Company in cash or
otherwise unless (a) full payment of all amounts then due and payable on all Senior Debt
Obligations has been made, (b) such payment would be permitted by the Indenture and any Senior Debt
Document (as defined below) and (c) immediately after giving effect to such payment, there shall
not exist any Default or Event of Default. Any such payment permitted pursuant to this paragraph
is hereinafter referred to as a “Permitted Payment”. For the purposes of these provisions, no
Senior Debt Obligations shall be deemed to have been paid in full until the obligee of such Senior
Debt Obligations shall have received payment in full in cash and 91 days shall have elapsed since
the date of receipt of such payment.



Upon any payment or distribution of assets of the Company of any kind or character, whether in
cash, property or securities, to creditors upon any dissolution or winding up or total or partial
liquidation or reorganization of the Company, whether voluntary or involuntary or in bankruptcy,
insolvency, receivership or other proceedings, then and in any such event all principal, premium
and interest and all other amounts due or to become due upon all Senior Debt Obligations shall
first be paid in full before the holders of the Subordinated Debt shall be entitled to retain any
assets so paid or distributed in respect of the Subordinated Debt (whether for principal, premium,
interest or otherwise), and upon any such dissolution or winding up or liquidation or
reorganization, any payment or distribution of assets of the Company of any kind or character,
whether in cash, property or securities, to which the holders of the Subordinated Debt would be
entitled, except as otherwise provided herein, shall be paid pro rata among the holders of Senior
Debt Obligations by the Company or by any receiver, trustee in bankruptcy, liquidating trustee,
agent or other Person making such payment or distribution, or by the holders of the Subordinated
Debt if received by them. So long as any Senior Debt Obligations are outstanding, the holder of
this instrument shall not commence, or join with any creditor other than the Trustee or the Senior
Debt Parties (as hereinafter defined) in commencing, or directly or indirectly causing the Company
to commence, or assist the Company in commencing, any proceeding referred to in the preceding
sentence.



The holder of this instrument hereby irrevocably authorizes and empowers (without imposing any
obligation on) each Person (each such Person a “Senior Debt Party” and collectively, the “Senior
Debt Parties”) that has entered into an agreement, instrument, or other document evidencing or
relating to any Senior Debt Obligation (each such agreement, instrument or other document, a
“Senior Debt Document”) as a lender or creditor and such Senior Debt Party’s representatives, under
the circumstances set forth in the immediately preceding paragraph, to demand, sue for, collect and
receive every such payment or distribution described therein and give acquittance therefor, to file
claims and proofs of claims in any statutory or nonstatutory proceeding, to vote such Senior Debt
Party’s ratable share of the full amount of the Subordinated Debt evidenced by this instrument in
its sole discretion in connection with any resolution, arrangement, plan of reorganization,
compromise, settlement or extension and to take all such other action (including, without
limitation, the right to participate in any composition of creditors and the right to vote such
Senior Debt Party’s ratable share of the full amount of the Subordinated Debt at creditors’
meetings for the election of trustees, acceptances of plans and otherwise), in the name of the
holder of the Subordinated Debt evidenced by this instrument or otherwise, as such Senior Debt
Party’s representatives may deem necessary or desirable for the enforcement of the subordination
provisions of this instrument. The holder of this instrument


B-2









 






shall execute and deliver to each Senior Debt Party and such holder’s representatives all such
further instruments confirming the foregoing authorization, and all such powers of attorney, proofs
of claim, assignments of claim and other instruments, and shall take all such other action as may
be reasonably requested by such holder or such holder’s representatives in order to enable such
holder to enforce all claims upon or in respect of such holder’s ratable share of the Subordinated
Debt evidenced by this instrument.



The holder of this instrument shall not, without the prior written consent of the Senior Debt
Parties, have any right to accelerate payment of, or institute any proceeding to enforce, the
Subordinated Debt so long as any Senior Debt Obligations are outstanding, unless and until all
Senior Debt Parties have accelerated payment thereof and commenced proceedings to enforce such
Senior Debt Obligations.



After the payment in full of all amounts due in respect of Senior Debt Obligations, the holder or
holders of the Subordinated Debt shall be subrogated to the rights of the Senior Debt Parties to
receive payments or distributions of cash, property or securities of the Company applicable to
Senior Debt Obligations until the principal of, premium on, interest on and all other amounts due
or to become due with respect to the Subordinated Debt shall be paid in full subject to the terms
and conditions of the Subordinated Debt or of any agreement among the holders of the Subordinated
Debt and other Subordinated Debt of the Company.



If any payment (other than a Permitted Payment) or distribution of assets of the Company of any
kind or character, whether in cash, property or securities, shall be received by the holder of the
Subordinated Debt in such capacity before all Senior Debt Obligations are paid in full, such
payment or distribution will be held in trust for the benefit of, and shall be immediately paid
over pro rata among the Senior Debt Parties, for application to the payment in full of Senior Debt
Obligations, until all Senior Debt Obligations shall have been paid in full.



Nothing contained in this instrument is intended to or shall impair as between the Company, its
creditors (other than the Senior Debt Parties) and the holders of the Subordinated Debt, the
obligations of the Company to pay to the holders of the Subordinated Debt, as and when the same
shall become due and payable in accordance with their terms, or to affect the relative rights of
the holders of the Subordinated Debt and creditors of the Company (other than the Senior Debt
Parties).



The Senior Debt Parties shall not be prejudiced in their rights to enforce the subordination
contained herein in accordance with the terms hereof by any act or failure to act on the part of
the Company.



The holder of this instrument agrees to execute and deliver such further documents and to do such
other acts and things as the Senior Debt Parties may reasonably request in order fully to effect
the purposes of these subordination provisions. Each holder of this instrument by its acceptance
hereof authorizes and directs the trustee or other representative, if any, of the Subordinated Debt
represented by this instrument on its behalf to take such further action as may be necessary to
effectuate the subordination as provided herein and appoints such trustee or other representative,
if any, as its attorney-in-fact for any and all such purposes.




B-3









 







The subordination effected by these provisions, and the rights of the Senior Debt Parties, shall
not be affected by (i) any amendment of, or addition or supplement to, the Financing Agreements,
any other Senior Debt Document, or any other document evidencing or securing Senior Debt
Obligations, (ii) any exercise or non-exercise of any right, power or remedy under or in respect to
the Financing Agreements, any other Senior Debt Document, or any other document evidencing or
securing Senior Debt Obligations or (iii) any waiver, consent, release, indulgence, extension,
renewal, modification, delay, or other action, inaction or omission, in respect of the Financing
Agreements, any other Senior Debt Document, or any other document evidencing or securing Senior
Debt Obligations; whether or not any holder of any Subordinated Debt shall have had notice or
knowledge of any of the foregoing.



No failure on the part of any Senior Debt Party to exercise, and no delay in exercising, any right
hereunder shall operate as a waiver thereof; nor all any single or partial exercise of any right
hereunder preclude any other or further exercise thereof or the exercise of any other right. The
remedies herein provided are cumulative and not exclusive of any remedies provided by Law.



The holder of this instrument and the Company each hereby waive promptness, diligence, notice of
acceptance and any other notice with respect to any of the Senior Debt Obligations and these terms
of subordination and any requirement that the Trustee or any Senior Debt Party protect, secure,
perfect or insure any Lien or any property subject thereto or exhaust any right to take any action
against the Company or any other Person or any Mortgaged Property.



These terms of subordination shall continue to be effective or be reinstated, as the case may be,
if at any time any payment of any of the Senior Debt Obligations is rescinded or must otherwise be
returned by the Trustee or any Senior Debt Party upon the insolvency, bankruptcy or reorganization
of the Company or otherwise, all as though such payment had not been made.



The provisions of these terms of subordination constitute a continuing agreement and shall (i)
remain in full force and effect until the indefeasible payment in full of the Senior Debt
Obligations and the termination or expiration of all obligations to extend credit under the Senior
Debt Documents, (ii) be binding upon the holder of this instrument, the Company and its successors,
transferees and assignees and (iii) inure to the benefit of, and be enforceable by, the Trustee and
each Senior Debt Party. Without limiting the generality of the foregoing clause (iii), each Senior
Debt Party may assign or otherwise transfer all or any portion of its rights and obligations under
all or any of the Senior Debt Documents to any other Person (to the extent permitted by the Senior
Debt Documents), and such other Person shall thereupon become vested with all the rights in respect
thereof granted to such Senior Debt Party herein or otherwise.



This instrument shall be governed by and construed in accordance with, the laws of the State of New
York.




B-4









 








Exhibit C



This Bond has not been registered pursuant to the Securities Act of 1933, as amended (the
“Securities Act”), or pursuant to the securities laws of any state. Accordingly, this Bond may not
be offered, sold or otherwise transferred (1) except in accordance with an applicable exemption
from the registration requirements of the Securities Act and any applicable state securities laws
or (2) unless this Bond is registered under the Securities Act and any applicable state securities
laws.




ITC MIDWEST LLC

4.60% First Mortgage Bonds, Series D due 2024




Original Interest Accrual Date: December ___, 2009/February ___, 2010

Stated Maturity: December ___, 2024

Interest Rate: ___% per annum

Interest Payment Dates: June 30 and December 30

Regular Record Dates: June 15 and December 15




This Bond is a Security within the

meaning of the within-mentioned Indenture.




 






	 	 	 	 	 
	Registered No. [RD -  ]
	 	[DATE]
	$[Principal Amount]1
	 	PPN  _________ 





ITC MIDWEST LLC, a limited liability company duly organized and existing under the laws of the
State of Michigan (herein called the “Company”, which term includes any successor corporation under
the Indenture referred to below), for value received, hereby promises to pay to [                
], or its registered assigns, the principal sum of [           ]
DOLLARS ($ ___) on the Stated Maturity specified above, and to pay interest (a) thereon from the
Original Interest Accrual Date specified above or from the most recent Interest Payment Date to
which interest has been paid or duly provided for, semi-annually in arrears on the Interest Payment
Dates specified above in each year, commencing on June 30, 2010 and at Maturity, at the Interest
Rate per annum specified above, until the principal hereof is paid or duly provided for and (b) to
the extent permitted by law, on any overdue payment (including any overdue prepayment) of
principal, any overdue payment of interest and any overdue payment of any Make-Whole Amount, at a
rate per annum from time to time equal to the greater of (i) 6.60% and (ii) 2.00% over the rate of
interest publicly announced by JPMorgan Chase Bank, N.A. from time to time in New York, New York as
its “base” or “prime” rate. The interest so payable, and punctually paid or duly provided for, on
any Interest Payment Date shall, as provided in such Indenture, be paid to the Person in whose name
this Bond (or one or more Predecessor Securities) is registered at the close of business on the
Regular Record Date specified above (whether or not a Business Day) next preceding such Interest
Payment Date. Notwithstanding the foregoing, interest payable at Maturity shall be paid to the
Person to whom principal shall be paid. Except as otherwise provided in said Indenture, any such
interest not so timely paid or duly provided for shall forthwith cease to be payable to the
Bondholder on such Regular Record Date and may either be paid to the Person in whose name this Bond
(or one or more Predecessor Securities) is registered at the close of business on a Special Record
Date for the payment of such Defaulted Interest to be fixed by the Trustee, notice of which shall
be given to the Bondholders not less than 10 days prior to such Special Record Date, or be paid at
any time in any other lawful manner not inconsistent with the requirements of any securities
exchange or automated quotation system on which the Securities of this series may be listed, and
upon such notice as may be required by such exchange or automated quotation system, all as more
fully provided in said Indenture.




CERTIFICATE OF AUTHENTICATION



This is one of the Securities of the series designated therein referred to in the within-mentioned
Indenture.



Date of Authentication: _______________ 




	 	 	 	 	 
	 	 	 
	 	 	THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 

as Trustee 	 
	 





 




			
	1	 	Reference is made to Schedule A attached hereto with
respect to the amount of principal paid hereon and the last date to which
interest has been paid hereon.





	 	 	 	 	 
	 	 	 
	 	By:  	
 	 
	 	 	Authorized Officer 	 
	 	 	 	 



 









 






	 	 	 	 	 


Capitalized terms used in this Bond and not otherwise defined herein shall have the meaning
assigned to such term in the Indenture.



Subject to the home office payment obligation set forth in Section 2.02(b) of the Supplemental
Indenture (referred to below), payment of the principal of and Make-Whole Amount, if any, on this
Bond and interest hereon at Maturity shall be made upon presentation of this Bond at the office or
agency of the Trustee in New York, New York at c/o The Bank of New York Mellon, Trust Services
Window, 101 Barclay Street, New York, New York 10286 or at such other office or agency as may be
designated for such purpose by the Company from time to time in accordance with the Indenture.
Subject to the home office payment obligation set forth in Section 2.02(b) of the Supplemental
Indenture, payment of interest on this Bond (other than interest at Maturity) shall be made as set
forth in Section 3.07 of the Original Indenture (as defined below). Payment of the principal of
and Make-Whole Amount, if any, and interest on this Bond, as aforesaid, shall be made in such coin
or currency of the United States of America as at the time of payment shall be legal tender for the
payment of public and private debts.



This Bond is one of a duly authorized issue of securities of the Company (all such series of
securities herein called the “Securities”) issued and issuable in one or more series under and
equally secured by a First Mortgage and Deed of Trust dated as of January 14, 2008 (such indenture
as originally executed and delivered herein called the “Original Indenture” and as supplemented and
modified by any and all indentures supplemental thereto, including the Supplemental Indenture
referred to below, being herein called the “Indenture”), and has been issued pursuant to that
certain Fourth Supplemental Indenture, dated as of December 10, 2009 (the “Supplemental
Indenture”), each of the Original Indenture and the Fourth Supplemental Indenture being between the
Company and The Bank of New York Mellon Trust Company, N.A. (as successor to The Bank of New York
Trust Company, N.A.), as trustee (herein called the “Trustee,” which term includes any successor
trustee under the Indenture), to which Indenture reference is hereby made for a description of the
property mortgaged, pledged and held in trust as security for payment of all amounts due under this
Bond, the nature and extent of the security and the respective rights, limitations of rights,
duties and immunities of the Company, the Trustee and the Holders of the Securities thereunder and
of the terms and conditions upon which the Securities (including the Securities of this series)
are, and are to be, authenticated and delivered and secured. The acceptance of this Bond shall be
deemed to constitute the consent and agreement by the Holder hereof to all of the terms and
provisions of the Indenture. This Bond is one of the series of Securities designated above.



Notwithstanding anything to the contrary in Section 1.18 of the Original Indenture, in the
Supplemental Indenture or in this Bond, if the Stated Maturity or any Redemption Date of this Bond
shall not be a Business Day at any Place of Payment, then (notwithstanding any other provision of
the Original Indenture or the Supplemental Indenture or this Bond) payment of interest on or
principal (and premium, if any) of this Bond due at the Stated Maturity or on any Redemption Date
thereof need not be made at such Place of Payment on such date, but may be


C-2









 






made on the next succeeding Business Day at such Place of Payment with the same force and effect as
if made on the Stated Maturity or on any Redemption Date thereof, provided that interest shall
accrue on the Outstanding principal amount of this Bond due at the Stated Maturity or on any
Redemption Date thereof until the date of actual payment. Interest hereon will be computed on the
basis of a 360-day year of twelve 30-day months.



This Bond is subject to mandatory redemption under the circumstances set forth in Section 5.01 of
the Original Indenture and as set forth in Section 2.03 of the Supplemental Indenture. This Bond
is subject to redemption at the option of the Company, in whole or in part, as set forth in Section
2.04 of the Supplemental Indenture.



If an Event of Default, as defined in the Indenture, occurs and is continuing, the principal of
this Bond may be declared or otherwise become due and payable in the manner, at the price
(including any applicable Make-Whole Amount) and with the effect provided in the Indenture.



The Original Indenture permits, with certain exceptions as therein provided, the Trustee to enter
into one or more supplemental indentures for the purpose of adding any provisions to, or changing
in any manner or eliminating any of the provisions of, the Indenture with the consent of the
Holders of a majority in aggregate principal amount of the Securities of all series then
Outstanding under the Indenture, considered as one class; provided, however, that if there shall be
Securities of more than one series Outstanding under the Indenture and if a proposed supplemental
indenture shall directly affect the rights of the Holders of Securities of one or more, but less
than all, of such series, then the consent only of the Holders of a majority in aggregate principal
amount of the Outstanding Securities of each series so directly affected, considered as one class,
shall be required; and provided, further, that if the Securities of any series shall have been
issued in more than one Tranche and if a proposed supplemental indenture shall directly affect the
rights of the Holders of Securities of one or more, but less than all, of such Tranches, then the
consent only of the Holders of a majority in aggregate principal amount of the Outstanding
Securities of all Tranches so directly affected, considered as one class, shall be required; and
provided, further, that the Original Indenture permits the Trustee to enter into one or more
supplemental indentures for limited purposes without the consent of any Holders of Securities and
for certain other purposes with the consent of all Holders of affected Securities. The Original
Indenture also contains provisions permitting the Holders of specified percentages in principal
amount of the Securities then Outstanding, to waive compliance by the Company with certain
provisions of the Indenture and certain past defaults under the Indenture and their consequences.
Any such consent or waiver by the Holder of this Bond shall be conclusive and binding upon such
Holder and upon all future Holders of this Bond and of any Bond issued upon the registration of
transfer hereof or in exchange therefor or in lieu hereof, whether or not notation of such consent
or waiver is made upon this Bond.



No reference herein to the Indenture and no provision of this Bond or of the Indenture shall alter
or impair the obligation of the Company, which is absolute and unconditional, to pay the principal
and interest and any Make-Whole Amount on this Bond at the times, place and rate, and in the coin
or currency, herein prescribed.



As provided in the Indenture and subject to certain limitations therein set forth, the transfer of
this Bond is registrable in the Security Register, upon surrender of this Bond for registration of


C-3









 






transfer at the office or agency of the Trustee in New York, New York, which as of the date hereof
is located at c/o The Bank of New York Mellon, Trust Services Window, 101 Barclay Street, New York,
New York 10286, or such other office or agency as may be designated by the Company from time to
time in accordance with the Indenture, duly endorsed by, or accompanied by a written instrument of
transfer in the form attached hereto as Annex A duly executed by the Holder hereof, or his attorney
duly authorized in writing, and thereupon one or more new Securities of this series of authorized
denominations and of like tenor and aggregate principal amount, will be issued to the designated
transferee or transferees.



The Securities of this series are issuable only as registered Securities, without coupons, and in
denominations of $250,000 or any integral multiple thereof. As provided in the Indenture and
subject to certain limitations therein set forth, Securities of this series are exchangeable for a
like aggregate principal amount of Securities of the same series and Tranche, of any authorized
denominations, as requested by the Holder surrendering the same, and of like tenor upon surrender
of the Bond or Bonds to be exchanged at the office or agency of the Trustee in New York, New York
at c/o The Bank of New York Mellon, Trust Services Window, 101 Barclay Street, New York, New York
10286, or such other office or agency as may be designated by the Company from time to time in
accordance with the Indenture.



No service charge shall be made for any such registration of transfer or exchange, but the Company
may require payment of a sum sufficient to cover any tax or other governmental charge payable in
connection therewith in accordance with the Indenture.



The Company, the Trustee and any agent of the Company or the Trustee may treat the Person in whose
name this Bond is registered as the absolute owner hereof for all purposes, whether or not this
Bond be overdue, and neither the Company, the Trustee nor any such agent shall be affected by
notice to the contrary.



The Securities of this series are not entitled to the benefit of any sinking fund.



As provided in Section 2.05 of the Supplemental Indenture, except as may be agreed to by the Holder
hereof in connection with an offer made to all Holders of the Securities of this series on the same
terms and conditions, the Company shall not and shall not permit any Affiliate of the Company to
purchase, redeem or otherwise acquire, directly or indirectly, this Bond, except upon the payment
or redemption of this Bond in accordance with the terms of the Indenture. The Company will
promptly cause the Trustee to cancel this Bond once acquired by it or any Affiliate of the Company
pursuant to any payment, redemption or purchase of this Bond pursuant to any provision of the
Indenture and no Bonds may be issued in substitution or exchange for this Bond.



As provided in Section 16.01 of the Original Indenture, no recourse shall be had for the payment of
the principal of or Make-Whole Amount, if any, or interest on any Securities, or any part thereof,
or for any claim based thereon or otherwise in respect thereof, or of the indebtedness represented
thereby, or upon any obligation, covenant or agreement under the Indenture, against, and no
personal liability whatsoever shall attach to, or be incurred by, any incorporator, organizer,
member, manager, stockholder, officer, director or employee, as such, past, present or future of
the Company or of any predecessor or successor corporation (either directly or through the


C-4









 






Company or a predecessor or successor corporation), whether by virtue of any constitutional
provision, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise;
it being expressly agreed and understood that the Indenture and all the Securities (including the
Bonds) are solely corporate obligations and that any such personal liability is hereby expressly
waived and released as a condition of, and as part of the consideration for, the execution of the
Indenture and the issuance of the Securities (including the Bonds).



Demand, presentment, protest and notice of non-payment and protest are hereby waived by the
Company.



This Bond shall be governed by and construed in accordance with the law of the State of New York,
except that (i) if this Bond shall become qualified and shall become subject to the Trust Indenture
Act, to the extent that the Trust Indenture Act shall be applicable, this Bond shall be governed by
and construed in accordance with the Trust Indenture Act and (ii) if the law of any jurisdiction
wherein any portion of the Mortgaged Property is located shall govern the creation of a mortgage
lien on and security interest in, or perfection, priority or enforcement of the Lien of the
Indenture or exercise of remedies with respect to, such portion of the Mortgaged Property, this
Bond shall be governed by and construed in accordance with the law of such jurisdiction to the
extent mandatory.



Unless the certificate of authentication hereon has been executed by the Trustee or an
Authenticating Agent by manual signature, this Bond shall not be entitled to any benefit as a
Security under the Indenture or be valid or obligatory for any purpose.




[The remainder of this page is intentionally left blank.]




C-5









 









     IN WITNESS WHEREOF, the Company has caused this instrument to be duly executed.



	 	 	 	 	 
	 	ITC MIDWEST LLC

 	 
	 	By:  	ITC Holdings Corp., as Sole Member
 	 
	 	 	 	 
	 	 	 	 
	 	By:  	
 	 
	 	 	Name:  	Cameron M. Bready 	 
	 	 	Title:  	Senior Vice President, Treasurer and

Chief Financial Officer 	 
	 



Date:  ________________                    





C-6









 









SCHEDULE A




SCHEDULE OF NOTATIONS





     The notations on the following table have been made by the holder of the within Bond in
connection with the transfer thereof in accordance with Section 2.02(b) of the Supplemental
Indenture.



	 	 	 	 	 	 	 	 	 
	 	 	Amount of principal paid 	 	 	Last date to which interest has 	 	 	 
	Date of Notation	 	on the within Bond	 	 	been paid on the within Bond	 	 	Notation by Holder






C-7









 








ANNEX A




FORM OF ASSIGNMENT




FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto




	 	 	 	 	 	 	 
	PLEASE
INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER

	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 
	Please print or typewrite name and address, including postal zip code of assignee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 
	the within Bond and all rights thereunder, hereby irrevocably constituting and appointing






                                                                   
                                                                                 
                                 attorney to transfer said Bond on the Security Register, upon surrender of
said Bond at office or agency of the Trustee in New York, New York, or such other office or agency
as may be designated by the Company from time to time in accordance with the Indenture, with full
power of substitution in the premises.



Dated: __________________




	 	 	 	 	 
	 	[NAME OF TRANSFEROR]

 	 
	 
	 	By:  	 	 
	 	 	Name:  	 	 
	 	 	 	 



	 	 	 	 	 
	 	NOTICE: The signature to this assignment must

correspond with the name as written upon the face of

the within Bond in every particular, without

alteration or enlargement or any change whatever.





Signature Guarantee:                                     
 	 
	 	 	 
	 	 	 
	 	 	 
	 



SIGNATURE GUARANTEE





     Signatures must be guaranteed by an “eligible guarantor institution” meeting the requirements of
the Security Registrar, which requirements include membership or participation in the Security
Transfer Agent Medallion Program (“STAMP”) or such other “signature guarantee program” as may be
determined by the Security Registrar in addition to, or in substitution for, STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.




C-8