Exhibit 10.35
(Space above for recorder's use)
Recording requested by and
when recorded deliver to:
Latham & Watkins LLP
355 S. Grand Avenue, Suite 100
Los Angeles, California 90071-1560
Attn:
Kim N. A. Boras, Esq.
FIRST LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND
FIXTURE FILING STATEMENT
by and from Green Plains Obion LLC, a Tennessee limited liability company,
"Grantor"
to YALE RILEY, "Trustee"
for the benefit of BNP PARIBAS,
in its capacity as Administrative Agent and Collateral Agent, "Beneficiary"
Dated as of April 5, 2018
McDonald Road
Parcel ID No.:113-018.01
Legal Exhibit A attached.
Exhibit 10.35
MAXIMUM PRINCIPAL INDEBTEDNESS FOR TENNESSEE RECORDING TAX PURPOSES IS HEREBY
INCREASED FROM $25,330,872.40 TO 58,800,000.00.
ACCORDINGLY, THE MAXIMUM
PRINCIPAL INDEBTEDNESS FOR TENNSSEE RECORDING TAX PURPOSES IS
$33,469,127.60.
REFERENCE FOR PRIOR PAYMENT OF TENNESSEE RECORDING TAX ON
INDEBTEDNESS OF $25,330,872.40 IS MADE TO UCC FINANCING STATEMENT FILED IN THE
OFFICE OF THE TENNESSEE SECRETARY OF STATE ON AUGUST 29, 2017, AND ASSIGNED FILE
NO. 427431386.
COPY OF PAID TAX RECEIPT ATTACHED.
PURSUANT TO T.C.A. §47-9-323 AND §47-28-104(b) NOTICE IS HEREBY GIVEN THAT THIS
DEED OF TRUST SECURES FUTURE ADVANCES WHICH ARE OBLIGATORY AND WHICH ARE FOR
COMMERCIAL PURPOSES.
PURSUANT TO T.C.A. §47-9-502(c) THIS DEED OF TRUST CONSTITUTES A FIXTURE FILING
AND IS TO BE INDEXED IN THE REAL PROPERTY RECORDS.
BENEFICIARY EXPRESSLY OBJECTS TO THE PRIORITY OF ANY MECHANICS OR MATERIALMEN'S
LIENS IMPOSED SUBSEQUENT TO THE DATE OF RECORDATION OF THIS DEED OF TRUST AS
SUCH PRIORITY MAY BE OTHERWISE ALLOWED PURSUANT TO THE TERMS OF T.C.A.
§66-11-108.
THIS INSTRUMENT COVERS GOODS WHICH ARE OR ARE TO BECOME FIXTURES RELATED TO THE
REAL PROPERTY DESCRIBED HEREIN, AND ALSO CONSTITUTES A FINANCING STATEMENT WHICH
IS BEING FILED AS A FIXTURE FILING UNDER TENNESSEE CODE ANNOTATED§ 47-9-502.
GRANTOR IS THE RECORD OWNER OF THE LAND. THE NAMES AND ADDRESSES OF THE DEBTOR
("GRANTOR" HEREIN) AND SECURED PARTY ("BENEFICIARY" HEREIN) ARE SET FORTH
HEREIN.
NOTICE:
This deed of trust secures credit in an amount not to exceed
$58,800,000.00
Loans and advances up to this amount, together with interest,
are senior to indebtedness to other creditors under subsequently recorded or
filed trust deeds and liens.
2
Exhibit 10.35
FIRST LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND
FIXTURE FILING STATEMENT
THIS FIRST LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY
AGREEMENT AND FIXTURE FILING STATEMENT (this "Deed of Trust") is made as of
April 5, 2018 by and among Green Plains Obion LLC, a Tennessee limited liability
company (together with its successors and permitted assigns, "Grantor"), having
an address at 1811 Aksarben Drive, Omaha, NE 68106, to YALE RILEY , a resident
of Davidson County, Tennessee ("Trustee"), having an address at 6840 Carothers
Parkway, Suite 200, Franklin, TN
37067, for the benefit of BNP PARIBAS
("BNPP"), as Agent (as hereinafter defined), having an address at 787 Seventh
Avenue, New York, New York 10019 (BNPP, in such