RECORDATION NO. 33454 FILED August 30, 2019 2:21 PM SURFACE TRANSPORTATION BOARD LOUISE. GITOMER Lou@lgraillaw.com MELANIE B. Y ASBIN Mclaniel@. lgraill aw.com 410-296-2205 LAW OFFICES OF LOUIS E. GITOMER, LLC August 30, 2019 Ms. Cynthia T. Brown Chief of the Section of Administration, Office of Proceedings Surface Transportation Board 395 E Street, S.W. Washington, D. C. 20423 Dear Ms. Brown: 600 BALTI MORE AVENUE, SU I TE 301 TOWSON, MARYLAND 21204-4022 (410) 296-2250 * (202) 466-6532 FAX (410) 332-0885 I have enclosed for efiling the document described below, to be recorded pursuant to 49 U.S.C. § 11301. The document is a Memorandum of Rail Equipment Lease Schedule No. 002A, a primary document, dated as of August 9, 2019. We request that this document be given the next available recordation number. The names and addresses of the parties to the Memorandum of Rail Equipment Lease Schedule No. 002A, are: Lessor: Lessee: SunTrust Equipment Finance & Leasing Corp. 303 Peachtree Street, NE, Suite 900 Atlanta, GA 30308 AG Processing Inc A Cooperative Box 274 12700 W. Dodge Road Omaha, NE 68154 A description of the equipment covered by the Memorandum of Rail Equipment Lease Schedule No. 002A, consists of30 covered hopper cars marked and numbered AGPX 1900 1, 19002, 19004-19026, inclusive, 19028, 19029, 19031, 19032, and 10934.
Ms. Cynthia T. Brown Chief of the Section of Administration, Office of Proceedings Surface Transportation Board 395 E Street, S.W. Washington, D. C. 20423
Dear Ms. Brown:
600 BAL TI MORE A VENUE, SUITE 301 TOWSON, MARYLAND 21204-4022 (410) 296-2250 * (202) 466-6532 FAX (410) 332-0885
I have enclosed for efiling the document described below, to be recorded pursuant to 49 U.S.C. § 11301.
The document is a Memorandum of Rail Equipment Lease Schedule No. 002A, a primary document, dated as of August 9, 2019. We request that this document be given the next available recordation number.
The names and addresses of the parties to the Memorandum of Rail Equipment Lease Schedule No. 002A, are:
Lessor:
Lessee:
SunTrust Equipment Finance & Leasing Corp. 303 Peachtree Street, NE, Suite 900 Atlanta, GA 30308
AG Processing Inc A Cooperative Box 274 12700 W. Dodge Road Omaha, NE 68154
A description of the equipment covered by the Memorandum of Rail Equipment Lease Schedule No. 002A, consists of30 covered hopper cars marked and numbered AGPX 19001, 19002, 19004-19026, inclusive, 19028, 19029, 19031, 19032, and 10934.
Ms. Cynthia T. Brown August 30, 2019 Page 2
A fee of $48. 00 is enclosed. Please return one copy by email to:
Louis E. Gitomer 600 Baltimore A venue, Suite 301 Towson, MD 21204 [email protected]
A short summary of the document to appear in the index follows: a Memorandum of Rail Equipment Lease Schedule No. 002A, between SunTrust Equipment Finance & Leasing Corp. , 303 Peachtree Street, NE, Suite 900, Atlanta, GA 30308, and AG Processing Inc A Cooperative, Box 274, 12700 W. Dodge Road, Omaha, NE 68154, covering 30 covered hopper cars marked and numbered AGPX 19001 , 19002, 19004-19026, inclusive, 19028, 19029, 19031, 19032, and 10934.
MEMORANDUM OF RAIL EQUIPMENT LEASE SCHEDULE NO. 002A
dated as of August :12019
between
SUNTRUST EQUIPMENT FINANCE & LEASING CORP., as Lessor
and
AG PROCESSING INC A COOPERATIVE as Lessee,
MEMORANDUM OF RAIL EQUIPMENT LEASE SCHEDULE NO. 002A
THIS MEMORANDUM OF )0IL EQUIPMENT LEASE SCHEDULE NO. 002A is made and entered into as of August 1, 2019, by and between SUNTRUST EQUIPMENT FINANCE & LEASING CORP., as Lessor, and AG PROCESSING INC A COOPERATIVE, as Lessee, with reference to the following:
1. Lessor, as successor-in-interest to SunTrnst Leasing Corporation, and Lessee entered that certain Rail Equipment Lease Agreement as of August 23, 2007 (the Lease Agreement), which provides for Lessor to lease to Lessee railcars identified on lease schedules.
2. Pursuant to Lease Schedule No. 002A, Lessor has agreed to purchase and lease to Lessee, and Lessee has agreed to lease from Lessor, those certain railcars described on Exhibit No. 1 attached hereto. Lease Schedule No. 002A shall be effective as of the date first set forth hereinabove and shall be subject to the lease term as described in the Lease Agreement.
3. This Memorandum of Rail Equipment Lease Schedule No. 002A may be executed in any number of counterparts, each executed counterpart constituting an original but all together only one Memorandum of Rail Equipment Lease Schedule No. 002A.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the paiiies hereto have executed or caused this Memorand1.un of Rail Equipment Lease Schedule No. 002A to be executed as of the date first above written.
SUNTRUST EQUIPMENT FINANCE & LEASfNG CORP.,
as sor
By: ~r Nan~:;:sident Title: _ _ ____________ _
AG PROCESSING INC A COOPERATIVE, as Lessee
By:,{?/_~ Name: Scott Simmelink Title: Chief Financial Officer- Group VP Finance
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STATE OF GEORGIA
COUNTY OF FULTON
On this!/_ day o
) ) ss. )
personally appeared /~d!!..~-#J.~~==--.,----.-
executed the within instrument as Vi ttif on behalf of SunTmst Equipment Finance & Leasing Corp., and acknowledged to me that the corporation executed it.
[Seal]
My commission expires:
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STATE OF NEBRASKA
CITY OF OMAHA
) ) ss. )
On this a_(Q day of August 2019, before me, 5heli1 L ~'t;,1the undersigned Notary Public, personally appeared Seo H- :5 lm me.l i.n_~ p~r.~on9-l!y _kno n to me to be the person who executed the within instrument as Ch1e,f'.,4"-;,z~f1~f>°~~~~e. on behalf of Ag Processing Inc a cooperative, and acknowledged to me that the corporation executed it.
[seal] CENERAL NOTARY -state of Nebraska i SHELLY L. COOPER ~ My Comm. Exp. August 30, 2020 Notary Pu; ic
My commission expires:
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EXHIBIT NO. 1 TO MEMORANDUM OF RAIL EQUIPMENT LEASE SCHEDULE NO. 002A
DESCRIPTION OF RAILCARS AND REPORTING MARKS
Thirty covered hopper cars marked and numbered AGPX 19001, 19002, 19004-19026, inclusive, 19028, 19029, 19031, 19032, and 19034.
