MARKET HOG CONTRACT GROWER AGREEMENT
THIS MARKET HOG CONTRACT GROWER
AGREEMENT (“Agreement”) is entered into as of May 13, 1998, by and
between Continental Grain Company, a Delaware corporation, whose address for
purposes of this Agreement is 000 X. Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxxxxxx,
Xxxxxxxx 00000 (hereinafter referred to as “Contract Grower”) and CGC Asset
Acquisition Corp., a Delaware corporation, whose address for purposes of this
Agreement is 000 Xxxx 0xx Xxxxxx, Xxxxx 000, Xxxxxx Xxxx, Xxxxxxxx 00000
(“PSF”).
WHEREAS, Contract Grower
became a stockholder of PSF in connection with the Stock Purchase Agreement,
dated as of December 23, 1997 between Contract Grower and PSF Holdings, L.L.C.
(the “Stock Purchase Agreement”), as defined therein;
WHEREAS, Contract Grower owns
the land described on Exhibit A (the
“PREMISES”);
WHEREAS, PSF owns all of the
buildings and improvements located on the
Premises
(collectively, the “Facilities”); and
WHEREAS, PSF and Contract
Grower desire to enter into an agreement whereby Contract Grower, as an
independent contractor, will utilize the Premises to breed, grow and care for
pigs, all of which are owned by PSF pursuant to terms hereinafter set
forth.
NOW, THEREFORE, for and in
consideration of the mutual covenants hereinafter contained, it is agreed by and
between PSF and Contract Grower as follows:
1. Contract
Grower will provide the Premises and operate thereon an environmentally
controlled swine confinement operation with buildings, equipment and other
properties specified herein to be provided by PSF. The Premises include the
following PSF minimum requirements:
|
A.
|
The
Premises have all utilities (including but not limited to, water,
electricity, propane and/or natural gas) separate from any other
properties owned by Contract Grower and all such utilities are billed
separately for such property.
|
|
B.
|
The
Premises have all material easements and permits on real estate for waste
disposal, as defined by local, state and federal laws and
requirements.
|
|
C.
|
The
Premises have a separate legal and recorded means of ingress and
egress.
|
1
|
D.
|
The
Premises have waste water management system in accordance with all
material federal, state and local laws and
regulations.
|
Contract
Grower represents that it has title to the Premises in fee simple, free and
clear of all materials, liens or encumbrances, except for any liens or
encumbrances created hereby. Upon PSF's request, Contract Grower shall cause to
be recorded in the Public Registry of the Counties in which the Premises are
located, a Memorandum of this Agreement such Memorandum to be in a customary
form and content and otherwise reasonably satisfactory to PSF.
2. Contract
Grower, as an independent contractor, agrees to breed, grow and care for pigs
placed in the Facilities, and agrees to take proper care consistent with the
highest standards of animal husbandry to breed and raise pigs to market weight.
Contract Grower will follow all the rules of management practices established
from time to time by PSF. Contract Grower's obligations shall include, but not
be limited to, the following:
|
A.
|
The
loading and unloading of pigs in the manner and at the time reasonably
requested by PSF and all other labor incident to and related to the
breeding, growing and care of the pigs, or otherwise necessary for
Contract Grower to perform under this Agreement, including, without
limitation, all payroll taxes and fringe benefits associated
therewith.
|
|
B.
|
Management
of the unit and accurate preparation and submission, in a timely manner,
of all production and inventory records as reasonably deemed necessary by
PSF. Contract Grower agrees to notify PSF promptly in writing of any and
all errors, adjustments, or discrepancies in those records other than of
an immaterial nature. PSF shall have the right to withhold or delay
payment to Contract Grower if records are not submitted in a timely manner
or if material discrepancies exist in Contract Grower's
records.
|
3. PSF
agrees to provide Contract Grower with the use of all Facilities necessary to
breed, grow and care for pigs to market weights.
4. PSF
shall be responsible on a timely basis:
|
A.
|
For
repair and maintenance of the Facilities and Premises by making all
necessary repairs.
|
|
B.
|
Proper
disposal of all waste in accordance with all material federal, state and
local regulations.
|
5. PSF
agrees to furnish Contract Grower on a timely basis with the
following:
2
|
A.
|
Sufficient
supply of artificial inseminate, boars and gilts to operate the Facilities
in accordance with the specifications of
PSF.
|
|
B.
|
All
utilities, including telephone, water, gas, heat, electricity, trash
disposal and all other utilities and services of any kind and nature used
in and about the Premises.
|
|
C.
|
Necessary
feed and feed drugs.
|
|
D.
|
Vaccination
and injectable drugs.
|
|
E.
|
Other
animal health products.
|
|
F.
|
Supplies.
|
|
G.
|
Professional
consultation, and procedures of PSF's approved
program.
|
|
H.
|
All
insurance related to risk of loss of the
swine.
|
|
I.
|
All
transportation costs for the swine to and from the
Facilities.
|
6. Title
to the pigs and all items furnished by PSF pursuant to this Agreement shall at
all times be and remain in PSF, and all such swine and items, or any portion of
them, may be sold and/or moved by PSF to such places and at such times as PSF
shall decide. Contract Grower agrees, if requested by PSF, to execute a UCC-1
notice filing acknowledging PSF's ownership of Facilities, swine, feed and
medical supplies inventory supplied by PSF to Contract Grower. PSF shall be
permitted to place signs at or near the location of pigs, providing notice of
ownership.
7. During
the term of this Agreement, Contract Grower:
|
A.
|
agrees
to use commercially reasonable efforts not to allow any livestock in the
Facilities other than livestock owned by PSF;
and
|
|
B.
|
agrees
to use commercially reasonable efforts not to allow any other livestock on
the Premises, except for cattle used for grazing such property to meet the
requirements of Contract Grower's waste management plan for the Premises.
Contract Grower further agrees to use the supplies furnished by PSF only
for the feeding and caring of PSF's pigs, and for no other purpose.
Contract Grower further agrees not to use any feed, medication,
disinfectant, insecticides, or other chemicals not approved by
PSF.
|
8. Contract
Grower agrees that Contract Grower will not permit any swine to be placed, for
grazing, confinement, feeding, or any other purpose, on any lands
owned,
3
leased or
occupied by Contract Grower within a one-mile radius of the Facilities. It is
understood that this requirement relates to PSF's sanitation requirements for
swine production and that breach of this covenant shall be a material breach of
this Agreement by Contract Grower.
9. Payment
to the Contract Grower for services rendered pursuant to this Agreement shall be
made and delivered as follows:
|
A.
|
A
budgeted monthly fee in an amount equal to all labor provided by Contract
Grower at the Facilities, including payroll taxes, fringe benefits,
bonuses and incentives, workers compensation, interest, etc. in such
amount as reasonably estimated by the Contract Grower and approved by PSF
(“Budgeted Monthly Labor Cost”). The Budgeted Monthly Labor Cost shall be
reconciled on a quarterly basis with the actual labor costs. Should such
actual labor costs exceed the Budgeted Monthly Labor Costs, PSF shall
promptly (but in no event later than 45 days following the end of each PSF
fiscal quarter) pay such excess costs to Contract Grower. If the actual
costs are less than the Budgeted Monthly Labor Cost, Contract Grower shall
credit such difference to future amounts payable to PSF
hereunder.
|
|
B.
|
A
monthly fee in an amount equal to all other costs incurred by Contract
Grower pursuant to this Agreement, in the performance of its duties
hereunder or otherwise arising from or in connection with the Premises
(including property taxes) in such amount, as reasonably estimated by
Contract Grower and approved by the PSF (the “Budgeted Monthly Service
Costs”). The Budgeted Monthly Service Costs, PSF shall promptly (but in no
event later than 45 days following the end of each PSF fiscal quarter) pay
such excess costs to Contract Grower. If such actual costs are less than
the Budgeted Monthly Service Costs, Contract Grower shall credit such
difference to future amounts payable to PSF
hereunder.
|
10. PSF
shall hold harmless and indemnify Contract Grower (and its directors, officers,
employees, stockholders, successors and assigns) from and against any and all
claims, costs, liabilities, losses, damages deficiencies, judgments,
assessments, fines, settlements, costs and expenses (including interest,
penalties and fees, expenses and disbursements of attorneys, experts, personnel
and consultants incurred by any such indemnified party in any action or
proceeding between PSF and such indemnified party or between such indemnified
party and any third party, or otherwise) (“Losses”)) occasioned by, arising out
of, based upon or otherwise in respect or in connection with this Agreement or
the performance by Contract Grower of its obligations hereunder or the ownership
of the Premises (prior to the termination of this Agreement in accordance
herewith), including without limitation employment related claims, including
workers compensation and Title VII claims, and any Loss resulting from any
accident or other
4
occurrence
on the Premises that causes a Loss, personal injury or death to any person or
property; provided, that in the event a final, non-appealable judgment by a
court of competent jurisdiction establishes that such a Loss was caused by the
intentional misconduct or gross negligence of such indemnified party, then such
indemnified party shall reimburse PSF for any indemnification amounts received
by it for such Loss pursuant to this Section 10. PSF agrees that it will at its
own expense procure and maintain general liability insurance with a responsible
company or companies authorized to do business in the state in which the
Premises are located in amounts not less than $5,000,000 for any one person
injured at the Premises for any one accident and with the limits of $5,000,000
for property damage, protecting the Contract Grower against any Loss on account
of injury to any person or to any property belonging to any person or persons,
by reason of any casualty, accident or other happening on the Premises during
the term of this Agreement. Contract Grower shall be shown and designated as
loss payees under such policies or such other designation as may be requested by
Contract Grower consistent with this paragraph.
11. This
Agreement shall terminate upon the earliest to occur of:
|
A.
|
the
date upon which Contract Grower no longer beneficially owns directly or
indirectly any interest in the capital stock of
PSF;
|
|
B.
|
the
date upon which the Missouri Corporate Farming Laws (as defined in the
Stock Purchase Agreement) would not be violated by PSF's ownership of the
Premises or by PSF's farming (as defined under the Missouri Corporate
Farming Laws) in the State of Missouri;
and
|
|
C.
|
the
mutual written consent of the
parties;
|
provided,
however, that notwithstanding such termination, Section 10 shall continue in
full force and effect. Upon termination of this Agreement, PSF shall promptly
pay any and all accrued but unpaid fees pursuant to Section 9 hereof. Upon
termination of this Agreement, PSF shall have the option to purchase the
Premises from Contract Grower for $1.00 (the “Option”). The Option is assignable
by PSF; provided, that, PSF provides prompt written notice of such assignment to
Contract Grower. PSF (or its assignee) may exercise the Option by delivery of
written notice to Contract Grower of its exercise of the Option on or before the
30th day following termination of this Agreement. The closing of the purchase
and sale pursuant to the Option (the “Land Sale Closing”) shall occur as soon as
practicable following termination of this Agreement. At the Land Sale Closing,
PSF (or its assignee) shall deliver to Contract Grower $1.00 in cash, plus an
amount reasonably estimated to equal to the real property taxes accrued on the
Premises from the date of termination of this Agreement to the date of the Land
Sale Closing. At the Land Sale Closing the parties shall execute such documents
and take such
5
actions
as are reasonably necessary or appropriate to effectuate the intent of the
foregoing; provided that Contract Grower shall not be obligated to make any
representations or warranties regarding the Premises. PSF shall pay all of
Contract Grower's transaction expenses (including reasonable fees and expenses
of counsel) incurred in connection with the exercise of the Option and shall pay
all transfer taxes associated with the transfer of the Premises to
PSF.
Notwithstanding
anything to the contrary contained herein, the Option shall terminate twenty-one
(21) years after the later to occur of (a) the death of all of the current
members of the Boards of Directors of the parties hereto and (b) the death of
the lineal descendants of such members that are living as of the date
hereof.
12. Contract
Grower shall be in default of this Agreement for any of the following
reasons:
|
A.
|
Breach
of any material term or condition of this Agreement and failure to cure
such breach within thirty (30) days written notice of such breach by
PSF.
|
|
B.
|
Contract
Grower willfully encumbers, mortgages, sells or transfers any hogs owned
by PSF, except as directed by, or with the consent of,
PSF.
|
|
C.
|
Contract
Grower has made a material misrepresentation in this Agreement that has a
material adverse effect on Contract Grower's ability to perform hereunder
and such breach is not cured within 30 days after receipt of written
notice from PSF of such breach.
|
13. In
the event of default, as set forth in the above Section 12, PSF, its agents,
employees or assigns at its own option, without prejudice to any other legal
rights and remedies it may have, shall be fully authorized to take possession of
the animals and any unused feed or other supplies furnished by PSF, and care for
the swine in the Facilities or appoint a third party to do so. In such event,
Contract Grower shall forfeit all unpaid fees hereunder, and expressly waives,
releases and relinquishes any right of action against PSF for PSF's repossession
of the animals, unused feed and other supplies furnished by PSF and from any and
all other claims (other than pursuant to Section 10, to the extent arising prior
to such event of default) against PSF, its agents, employees or assigns,
whatsoever. Thereafter, PSF, its agents, employees or assign shall and may
peaceably use and enjoy the Premises for the remainder of the term of this
Agreement free from molestation, eviction or disturbance by the Contract Grower,
subject to all applicable laws and regulations.
14. ANY
CONTROVERSY OR CLAIM ARISING BETWEEN THE PARTIES, INCLUDING, BUT NOT LIMITED TO,
DISPUTES RELATING TO THIS AGREEMENT, THE ARBITRABILITY OF ANY DISPUTE OR THIS
AGREEMENT,
6
OR
OF ANY BREACH OF THIS AGREEMENT, WHETHER SUCH CONTROVERSY OR CLAIM ARISES
BEFORE, DURING, OR AFTER TERMINATION OF THE AGREEMENT, SHALL BE SETTLED BY
BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN
ARBITRATION ASSOCIATION BY A PANEL OF THREE ARBITRATORS. THIS AGREEMENT TO
ARBITRATE SHALL CONTINUE IN FULL FORCE AND EFFECT DESPITE THE EXPIRATION,
RESCISSION OR TERMINATION OF THIS AGREEMENT. BY ENTERING INTO THIS AGREEMENT,
THE PARTIES WAIVE THE RIGHT TO HAVE THEIR DISPUTE TRIED AND ADJUDICATED BY A
COURT OF LAW. WITHOUT NCONSISTENCY
WITH
THIS AGREEMENT TO ARBITRATE, EITHER PARTY MAY SEEK FROM A COURT ANY PROVISIONAL
REMEDY THAT MAY BE NECESSARY TO PREVENT IRREPARABLE HARM, PENDING THE
ESTABLISHMENT OF THE ARBITRAL PANEL OR ITS DETERMINATION OF THE MERITS OF THE
CONTROVERSY. RISK OF LOSS TO THE FEEDER PIGS AND HOGS WILL BE DEEMED IRREPARABLE
HARM. THE SEEKING OF ANY PROVISIONAL REMEDY BY EITHER PARTY SHALL BE
SUPPLEMENTAL TO, AND NOT IN PLACE OF PSF'S CONTRACTUAL RIGHT TO RETAKE
POSSESSION PURSUANT TO SECTION 13 HEREOF.
UPON
OBJECTION BY ANY PARTY, MULTI-PARTY ARBITRATION SHALL NOT BE UTILIZED. THE
PARTIES HEREIN AGREE TO RESOLVE ALL DISPUTES BY SUCH ARBITRATION AT THE AMERICAN
ARBITRATION ASSOCIATION OFFICE IN NEW YORK, NEW YORK. IN REACHING THEIR
CONCLUSIONS, THE ARBITRATORS SHALL APPLY TO THIS AGREEMENT THE LAWS WHICH A NEW
YORK COURT WOULD APPLY. THE ARBITRATORS SHALL HAVE THE AUTHORITY TO AWARD ACTUAL
MONEY DAMAGES (WITH INTEREST ON UNPAID AMOUNTS FROM THE DATE DUE), SPECIFIC
PERFORMANCE, AND TEMPORARY INJUNCTIVE RELIEF, BUT THE ARBITRATORS SHALL NOT HAVE
THE AUTHORITY TO AWARD EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, AND THE
PARTIES EXPRESSLY WAIVE ANY CLAIMED RIGHT TO SUCH DAMAGES. JUDGMENT UPON THE
AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING
JURISDICTION THEREOF. THE COST OF SUCH ARBITRATION SHALL BE DIVIDED EQUALLY
AMONG THE PARTIES TO THE ARBITRATION. EACH PARTY SHALL BEAR THE COST OF THEIR
OWN EXPENSES AND ATTORNEY'S FEES. FAILURE TO ARBITRATE ALL SUCH CLAIMS OR
CONTROVERSIES SHALL BE DEEMED A BREACH OF THIS AGREEMENT.
15. Contract
Grower and PSF may not assign this Agreement (except in each case to their
respective controlled affiliates and subsidiaries) without the prior written
consent of the other, which consent shall not be unreasonably withheld or
delayed.
16. Each
party acknowledges that this Agreement is the complete understanding between the
parties and no representation or promise inconsistent with any
7
provisions
of this Agreement has been made to it by any employee, agent or representative
of the other party. Any and all currently existing agreements, representations
or understandings between Contract Grower and PSF with respect to the Premises
and the operation of the Facilities, except for the Stockholders Agreement dated
the date hereof among Contract Grower, PSF Holdings, L.L.C. and PSF and any
agreements or instruments contemplated thereby, whether written or verbal, are
hereby revoked in their entirety and superseded by this Agreement. Any
additions, amendments or modifications to this Agreement must be made in writing
and signed by both parties hereto.
17. The
various right, powers, options, elections and remedies of either party provided
in this Agreement shall be construed as cumulative and no one of them is
exclusive of the others, or exclusive of any rights, remedies or priorities
allowed either party by law, and shall in no way affect or impair the right of
either party to pursue any other equitable or legal remedy to which either party
may be entitled as long as any default remains in any way unremedied,
unsatisfied or undischarged.
18. Notices
as provided for in this Agreement shall be given to the respective parties
hereto at the addresses designated in the Preamble of this Agreement and shall
be sent by certified mail. Any party who wishes to change addresses shall give
notice of the change as provided herein.
19. Each
and every covenant and agreement herein contained shall extend to and be binding
upon the respective successors, heirs, administrators, executors and assigns of
the parties hereto.
20. All
representations, warranties, covenants and agreements of the parties contained
in this Agreement shall survive the execution of this document for the term of
this Agreement.
21. Any
provision of this Agreement that is prohibited or unenforceable in any
jurisdiction will, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions
hereof. No waiver of any provision of this Agreement will be deemed to be, or
will constitute a waiver of any similar or other provision.
22. This
Agreement is deemed to be made under, and shall be construed according to the
laws of the State of New York applicable to agreements made and to be performed
entirely with such State.
23. Each
of the parties hereto represents it has authority to enter into this
Agreement.
8
IN
WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
the time and place first above written.
CONTRACT
GROWER:
CONTINENTAL
GRAIN COMPANY
By:
/s/Xxxx Xxxxx
Title:
Vice President
MAIL
ADDRESS
Continental
Grain Company
X.X.
Xxx 0000
Xxxxxxx,
XX 00000-0000
CGC
ASSET ACQUISITION CORP.
By:
/s/ Xxxxxxx Xxxxxxxxx
Title:
Vice President
MAIL
ADDRESS
c/o
Premium Standard Farms, Inc.
000
Xxxx 0xx Xxxxxx, Xxxxx 000
Xxxxxx
Xxxx, XX 00000
Attention:
Chief Executive Officer
Social
Security No./Tax I.D. No.
9
As
an inducement for CGC to enter into the foregoing Agreement, the
undersigned
hereby,
jointly and severally, irrevocably and unconditionally guarantees
the
payment
and performance of all obligations of CGC Asset Acquisition Corp.
pursuant
to the Agreement.
Date May
13,
1998 PREMIUM STANDARD FARMS,
INC.
By:
/s/ Xxxxxxx Xxxxxxxxx
Name: Xxxxxxx
X. Xxxxxxxxx
Title: Vice
President
Date May
8,
1998 PSF
GROUP HOLDINGS, INC.
By:
/s/Xxxx
Xxxxx
Name: Xxxx
Xxxxx
Title: CEO
10
EXHIBIT
A
Tract
21 (Xxxxxxx)
The
Northwest Quarter (NW ¼) of the Northwest Quarter (NW ¼) of Section Twenty (20),
Township Sixty-one (61), Range Thirty (30); Also, the West 580 feet of the
Northeast Quarter (NE ¼) of the Northwest Quarter (NW ¼) of Section Twenty (20),
Township Sixty-one (61), Range Thirty (30), Xxxxxx County,
Missouri.
Tracts
5, 6, 7 and 8 (Xxxxx/Xxxxxxx/Xxxxxxx)
The
Northwest Quarter (NW ¼) of Section Ten (10); the Northeast Quarter (NE ¼) of
Section Nine (9); all in Township Sixty-four (64) North, Range Thirty-one (31)
West of the Fifth Principal Meridian; AND the Southeast Quarter (SE ¼) and the
East 75 acres of the East Half (E ½) of the Southwest Quarter (SW ¼) of Section
Three (3), Township Sixty-four (64), Range Thirty-one (31), Xxxxxx County,
Missouri.
The
West two and one-half acres of the Southeast Quarter (SE ¼) of the Southwest
Quarter (SW ¼) of Section Three (3), the West Half (W ½) of the Southwest
Quarter (SW ¼) of Section Three (3); the Southwest SW Quarter (SW ¼) of the
Northwest Quarter (NW ¼) of Section Three (3); the Southeast Quarter (SE ¼) of
Section Four (4); the North Half (N ½) of Section Four (4); all in Township
Sixty-four (64) Range Thirty-one (31), all in Xxxxxx County,
Missouri.
The
Northeast Quarter (NE ¼) of Section Ten (10), Township Sixty-four (64) Range
Thirty-one (31) Xxxxxx County, Missouri. Tract 2: The
Southeast Quarter (SE ¼) of Section Ten (10), Township Sixty-four (64), Range
Thirty-one (31), Xxxxxx County, Missouri.
The
South Three-fourth (S ¾) of the West Half (W ½) of Section Thirty-three (33),
Township Sixty-five (65), Range Thirty-one (31), Worth County,
Missouri.
Tracts
10, 11, 12 and 13 (Xxxxxx/Xxxxxx/Xxxxxxxx/Xxxxxx)
The
North 60 acres of the West Half (W ½) of the Southeast Quarter (SE ¼) and the
North 60 acres of Lot one (1) of the Southwest Quarter (SW ¼), and the East Half
(E ½) of the North Half (N 1/2) of Lot Two (2) of the Southwest Quarter (SW ¼),
and the North Half (N 1/2 ) of the South Half (S ½) of Lot Two (2) of the
Southwest Quarter (SW ¼), all in Section Nineteen (19), Township Sixty-one (61),
Range Thirty (30), and also, the Southeast Quarter (SE ¼) of the Southeast
Quarter (SE ¼) of Section Twenty-four (24), Township Sixty-one (61), Range
Thirty-one (31), all being in Xxxxxx County, Missouri.
The
Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼) (Also described as the
South Half (S ½) of Lot Two (2) of the Northwest Quarter (NW ¼) in Section
Thirty (30), Township Sixty-one (61), Range Thirty (30), Xxxxxx County,
Missouri.
1
The
East Half (E ½) of the Northeast Quarter (NE ¼) in Section Nineteen (19),
Township Sixty-one (61), Range Thirty (30), in Xxxxxx County,
Missouri.
The
North Half (N ½) of the Southwest Quarter (SW ¼) and the South Half (S ½) of the
Northwest Quarter (NW 1/4), except the East 490 feet, all in Section Twenty
(20); Township Sixty-one (61), Range Thirty (30), Xxxxxx County,
Missouri.
The
North Half of Lot Two (2) of the Northwest Quarter (NW ¼), (also known as the
Northwest Quarter (NW 1/4) of the Northwest Quarter (NW ¼) of Section Thirty
(30), Township Sixty-one (61), Range Thirty (30); and the Northeast Quarter (NE
¼) of the Northeast Quarter (NE ¼) of Section Twenty-five (25), Township
Sixty-one (61), Range Thirty-one (31), and the South Half (S ½) of the South
Half (S ½) of the Southwest Quarter (SW ¼); the South Half of the Southwest
Quarter (SW ¼) of the Southeast Quarter (SE 1/4 ) in Section Nineteen (19),
Township Sixty-one (61), Range Thirty (30); and the North Half (N ½) of the
Northeast Quarter (NE ¼) and the North Half (N ½) of Lot One (1) of the
Northwest Quarter (NW ¼) (also known as the Northeast Quarter (NE ¼) of the
Northwest Quarter (NW ¼), all in Section Thirty (30), and the Southeast Quarter
(SE ¼); the South Half (S ½) of the Northeast Quarter (NE ¼); the South Half (S
½) of Lot One (1) of the Northwest Fractional Quarter (Southeast Quarter (SE ¼)
of the Northwest Fractional Quarter); all in Lot One (1) of the Southwest
Fractional Quarter (East Half (E ½) of the Southwest Fractional Quarter); all in
Section Thirty (30), Township Sixty-one (61), Range Thirty (30); and the East
One-half (E ½) of the Southeast Quarter (SE ¼) in Section Nineteen (19),
Township Sixty-one (61), Range Thirty (30); all in Xxxxxx County,
Missouri, less and except the portions thereof in public roads.
Tract
15 (Xxxxxxxx)
All
of the North Half of the Northeast Quarter; the North Half of the Northwest
Quarter, the South Half of the Northeast Quarter, and the Southeast Quarter of
the Northwest Quarter; all in Section Three (3), Township Sixty-four (64), Range
Thirty-one (31), in Xxxxxx County, Missouri.
Tract
16 (Xxxx)
All
of the S ½ of the SW ¼ and the SW ¼ of the SE ¼ of Section 20, all of the NW ¼;
all of the NE ¼ lying West of Missouri Highway “A”, all of the N ½ of the SW ¼
and that portion of the SW ¼ of the SW ¼ of Section 29; all in T61N, R30W of the
5th
P.M., Xxxxxx County, Missouri, described as a whole as
follows: Beginning at the SW corner of said Section 20 (also the NW
corner of said Section 29); thence NOO-12-37W, 1,325.00 feet to the NW corner of
said S ½, SW ¼; thence S87-34-54E, 3,998.14 feet to the NE corner of said SW ¼,
SE 1/4; thence SOO-05-42E, 1,326.17 feet to the SE corner of said SW ¼, SE ¼
(also the North line of said NE ¼); thence S87-33-47E, 1,299.66 feet along said
North line to the West right of way line of Missouri Highway “A”; thence
SOO-06-50W, 885.17 feet along said r.o.w. line; thence SOO-26-19E, 962.94 feet
along said r.o.w. line; thence SOO-03-43E, 778.41 feet along said r.o.w. line to
the South line
2
of
said NE ¼; thence N87-44-55W, 2,626.37 feet to the center of said Section 29;
thence SOO-14-35E, 1,322.50 feet to the SE corner of said N ½, SW ¼; thence
SOO-18-11E, 577.50 feet along the East line of said SW ¼, SW ¼,; thence
S80-19-33W, 1,343.20 feet to the West line of said SW ¼, SW 1/4; thence
NOO-21-47W, 4,834.30 feet along the West line of said Section 29 to the point of
beginning.
Tract
1 (Hickory Creek)
The
following property located in Daviess County, Missouri
Tract
A: All the Northeast Quarter of the Southwest Quarter; also
all that part of the Southwest Quarter of the Northwest Quarter after taking
five acres off of the North end of said forty acres, which lies south and East
of Hickory Creek; all in Section 19, Township 61, Range 27. The
Northwest Quarter of the Southwest Quarter of Section 19, Township 61, Range
27. The Southeast Quarter of the Southwest Quarter and the Southwest
Quarter of the Southeast Quarter, all in Section 19, Township 61, Range
27. The Northwest Quarter of the Northwest Quarter EXCEPT, the
North ten (10) acres thereof, and Five acres off of the North end of
the Southwest Quarter of the Northwest Quarter, and all of the Southwest Quarter
of the Northwest Quarter which lies West and north of Hickory Creek; all in
Section 19, Township 61, Range 27.
Tract
B: The East Half of the Southwest Quarter and the North Half
of the Southwest Quarter of the Southeast Quarter of Section 18, and the East
half of the Northwest Quarter of Section 19, all in Township 61, of Range
27. The West Half of the Northeast Quarter and the North Half of the
Southeast Quarter of Section 19, Township 61, of Range 27.
Tract
3 (Rylance)
The
East Half of the Northwest Quarter of Section Eighteen (18), Township Sixty-one
(61), of Range Twenty-seven (27), Daviess County, Missouri.
Tract
4 (McGill)
All
of the E ½ of the SE ¼ of Section 24, Township 61 North, Range 26 West of the
5th
P.M., Daviess County, Missouri, lying North of Missouri Highway 190;
AND
All
of the NE ¼ of the SE ¼ and all of the S ½ of the SE ¼ of Section 13, T6IN, R26W
of the 5th P.M.
Daviess County, Missouri; AND
All
of the NE ¼ and all of the W ½ of the SE ¼ lying North of Missouri Highway 190
of Section 24, Township 61 North, Range 26 West of the 5th
P.M., Daviess County, Missouri; AND
Those
portions of the SW ¼ of Section 13 and the W ½ of Section 24, all in Township 61
North, of Range 26 West of the 5th
P.M., Daviess County, Missouri, described as a whole
3
as
follows: Beginning at the N ¼ corner of said Section 24 (also the S ¼
corner of said Section 13); thence S 01-05-33 E., 3,467.67 feet along the East
line of said W ½; thence S 89-49-40 W, 1,324.36 feet to the West line of the NE
¼ of the SW ¼ of said Section 24; thence N 01-09-25 W, 259.37 feet along said
West line; thence N 32-22-05 E, 40.73 feet; thence N 00-49-23 E, 1,275.60 feet;
thence N 85-48-23 W, 98.60 feet; thence N 00-31-49 W, 1,891.78 feet to the North
line of said Section 24 (also the South line of said Section 13); thence N
89-52-9 E, 76.91 feet along said North line (also said South line); thence N
00-57-59 W, 1,387.36 feet; thence N 89-53-32E, 1,261.04 feet to the East line of
said SW ¼; thence S 01-01-03-E, 1,386.98 feet along said East line to the point
of beginning.
All
of the SW ¼ of the NW ¼ of Section 19, Township 61 North, Range 25 West of the
5th
P.M., Grundy County, Missouri.
Tract
9 (Xxxxx)
All
of the Northeast Quarter and all of the North Half of the Southeast Quarter of
Section Fourteen (14), township Sixty-one (61) North, Range Twenty-six (26)
West, Davies County, Missouri, lying East of Missouri Highway “B”.
All
of the North Half and all of the Northwest Quarter of the Southeast Quarter of
Section Thirteen (13), Township Sixty-one (61) North, Range Twenty-six (26)
West, Daviess County, Missouri.
That
portion of the Southwest Quarter of Section Thirteen (13), Township Sixty-one
(61) North, Range Twenty-six (26) West, Daviess County, Missouri, described as
follows: Beginning at the Southwest corner of said Section Thirteen
(13); thence North 89 degrees 52’29” East, 1394.28 feet along the South line of
said Southwest Quarter; Thence North 00 degrees 57’59” West, 1387.36 feet;
thence North 89 degrees 53’32” East, 1261.04 feet to the East line of said
Southwest Quarter; thence North 01 degrees 01’03”: West, 1254.98 feet to the
Northeast corner of said Southwest Quarter; thence South 89 degrees 54’35” West,
2651.86 feet to the Northwest corner of said Southwest Quarter, thence South 00
degrees 54’55” East, 2643.52 feet to the point of beginning.
Tract
17 (Sharp)
Those
portions of the East Half of the Southeast Quarter of Section Four (4) and the
South Half of Section Three (3), all in Township Fifty-nine (59) North, Range
Twenty-seven (27) West, Daviess County, Missouri, described as a whole as
follows: Beginning at the Southeast corner of said Section Four (4)
(also the Southwest corner of said Section Three (3)); thence South 88 degrees
28’05” West, 1326.72 feet to the Southwest corner of said East Half of the
Southeast Quarter; thence North 01 degrees 55’55” West, 2648.73 feet to the
Northwest corner of said East Half of the Southeast Quarter; thence North 88
degrees 24’18” East, 314.59 feet along the North line of said East Half of the
Southeast Quarter; to the Northwest corner of a cemetery; thence South 01
degrees 35’43” East, 80.00 feet to the Southwest corner of said Cemetery; thence
North 88 degrees 24’18”
4
East,
110.00 feet to the Southeast corner of said Cemetery; thence North 01 degrees
35’43” West, 80.00 feet to the Northeast corner of said Cemetery and the North
line of said East Half of the Southeast Quarter; thence North 88 degrees 24’ 18”
East, 908.17 feet to the East Quarter corner of said Section Four (4) (also the
West Quarter corner of said Section Three (3)); thence South 89 degrees 59’15”
East, 3534.30 feet along the North line of said South Half to the centerline of
Muddy Creek; thence South 40 degrees 02’12” East, 3136.85 feet along said
centerline to the East line of said section Three (3); thence South 89 degrees
59’23” West, 5475.04 feet along the South line of said Section Three (3) to the
point of beginning.
Xxxxx
00 (Xxxxxxx)
All
of the following property, located in Daviess County, Missouri
All
the South Fifty (50) acres of the East Half (E ½) of the Southwest Quarter (SW
¼) of Section Thirty-four (34), Township Sixty-two (62) North of Range 28
West.
Tract
19 (Xxxxxxx)
All
of the following property, located in Daviess County, Missouri
The
Southeast Quarter of the Southwest Quarter of Section Four (4), Township
Sixty-one (61) North, of Range Twenty-eight (28) West.
Tract
20 (Xxxxxxx)
All
of the following property, located in Daviess County, Missouri
All
the North Half of the Northwest Quarter; all of the West Half of the Southwest
Quarter of the Northwest Quarter; and all the West Half of the Northwest Quarter
of the Southwest Quarter, all in Section Three (3), Township Sixty-one (61)
North of Range Twenty-eight (28) West.
All
the North Half of the Southwest Quarter; All that part of the Northwest Quarter,
lying East of Interstate Highway Number 35; All the Northeast Quarter, the North
Half of the Southeast Quarter, and all the Southwest Quarter of the Southeast
Quarter, all in Section Four (4), Township Sixty-one (61) North, of Range
Twenty-eight (28) West.
All
the West Half of the Northeast Quarter, all the Northwest Quarter of the
Southeast Quarter, all the Southeast Quarter of the Northwest Quarter, and all
the South Half of the Northeast Quarter of the Southwest Quarter, all in Section
Nine (9), Township Sixty-one (61) North, of Range Twenty-eight (28)
West.
5