Ebbesson Farms Property Information Packet by Skeet Sirmons

LARGEST ORGANIC FARM IN ALASKA Ebbesson Farms & Hunting Land Auction Date and Time: Tuesday, September 17, 2013, 10:00 am Auction Location: Fairbanks Princess Riverside Lodge 4477 Pikes Landing Road Fairbanks, Alaska Summary of Terms: All property is sold “AS IS, WHERE IS”. Buyer’s Premium of 3% will be added to High Bid. Earnest deposit in the amount of 10% of the Contract Sales Price is due upon signing the Purchase and Sale Agreement. Closing will be held on or before November 1, 2013. Ebbesson Farms Sven and Barbara Ebbesson, Seller Cooperating Broker: Gerrie Duffy Alaska Great Land Realty

This offering is subject to errors, omission, or withdrawal without notice.

TABLE OF CONTENTS

Notice to Bidders About the Owners Individual Tract Information Proposed Tract Layout Topography & Soil Maps Soil Types Types of Potatoes Grown on Farm Preliminary Title Insurance SAMPLE Purchase Contract General Terms & Conditions List of Equipment (Parcel 7) Bill of Sale (Personal Property)

NOTICE TO BIDDERS The information included herewith is a summary of information available from a number of sources, most of which have not been independently verified. The sources from which the information was gathered are believed to be reliable; however, all information contained within this package is subject to verification by all parties relying on it. No representations or warranties, expressed or implied, as to the accuracy or completeness of the information in this and other advertising materials shall be deemed made, and no legal commitment or obligation shall arise, by reason of this package or its contents. This summary has been provided only for the use of prospective bidders. Buyer must rely on his/her own information, inspection, review of public records and own determination to bid, consulting whatever advisors he/she may feel appropriate. The property described is being sold in “AS-IS, WHERE-IS, WITH ALL FAULTS” condition. Neither United Country-Theurer Auction/Realty, LLC, the Seller, nor their respective agents make any express or implied warranties of any kind. This listing may be withdrawn and/or modified without notice at any time. United Country-Theurer Auction/Realty, LLC, and its Agents are Kansas Licensed Real Estate Brokers / Salespersons acting exclusively as agents of the Seller.

INFORMATION ABOUT THE OWNERS SVEN & BARBARA EBBESSON Sven migrated to America from Sweden when he was 15 years old, coming to Winfield, Kansas where he graduated from high school. He has a doctorate in anatomy and has had a prestigious academic career in medical research. His medical research brought his family to Alaska more than 20 years ago as the Director of the medical department at University of Alaska. He met his wife, Barbara, a nurse, in Germany while stationed in the Army. They both retired in 2000 and are now retiring from the farm as well. Sven has always been drawn to agriculture as his family in Sweden were farmers. Following the purchase of his first tract of land, Sven, Barbara and their three sons began clearing land in order to grow potatoes. The soil fertility plus the area’s climate makes the land ideal for growing potatoes. From the beginning they decided the farm would be organic and went through all of the inspections and paperwork to get the official designation. Potatoes are now primarily sold as seed potatoes. Typically they grow 12-15 different varieties. Ebbesson Farms is well known throughout Alaska for their exceptionally high quality potatoes for both human consumption and seed. The Ebbessons believe there is a tremendous opportunity to expand the farming operation.

Alaska Fairbanks News, February, 2011, says the potato farm is “a thousand acres of happiness.”

AUCTION NOTE: Make plans now to attend the auction. This is a great opportunity to buy Alaska Wilderness with great hunting opportunities plus income producing capabilities. Become an owner of any individual parcel or combination of parcels. Own your own piece of America’s Last Frontier.

TRACT INFORMATION PROPERTY LOCATION: 317 S Parks Highway, Nenana, Alaska (40± miles SW of Fairbanks on Parks Highway. Access is off of Parks Highway onto a dirt road through state owned timber land with access along and near each lot. Road is maintained by seller, and primarily used by seller and an occasional wood cutter with permit to cut wood. GENERAL INFO:  1134± acres (458ha) with 203± cleared acres (82ha) currently utilized for growing organic potatoes o Cleared land is divided into 17 different fields ranging in size from 4 to 32 acres (1ha – 12ha) o Offered as five (5) separate parcels and in combinations o Parcel 7 will include tractors, tillage equipment and all potato planting and harvesting equipment -- will not be combined with Parcels 1-5.  Approximately 1/3 of the cleared land is planted to potatoes each year  Rotation on year two is to fallow the land followed with rye grass planted in year three  Hunt some of Alaska’s Big Game … Moose and Bear  Abundance of wildflowers plus low-bush cranberries and blueberries  Soils are excellent for growing hay, potatoes, carrots and other vegetables and exportable peonies, etc.  Soil types include Goldsteam Series, Minto Series, and Tanana Series  Organic Farm suitable for any type of crop  Certified Organic Producer of “AlaskaPure” Potatoes and Certified Seed Potatoes  No property tax on land designated “Agricultural” by the State of Alaska. The parcels are covered by agricultural covenants.  Air strip potential PARCEL 1

TOTAL ACRES CLEARED ACRES (CROPLAND) 363.34 38.9 Includes cabin, sauna, barn 2 198.35 20.4 3 233.8 60.7 4 199.0 83.1 5 140.09 0 6 1,134 +/- Acres Land 7 All Equipment (Tractors, Potato Planting, Harvesting & Processing Equip, Other Misc) Option 8 “AlaskaPure” Trademarks & customer lists, 100,000 +/- lbs 2013 harvested potatoes

COMMITMENT FOR TITLE INSURANCE ISSUED BY

YUKON TITLE COMPANY INC. Policy Issuing Agent for First American Title Insurance Company 714 Gaffney Road Fairbanks, AK 99701 (907) 456-3474 Fax (907) 456-3476 ORDER NO. Y80697-LS RE: Ebbesson\To Be Determined TO: United Country Theurer Via Email Only Attn: Cammy McComb

AuctionlRealty,

AGREEMENT

LLC

TO ISSUE POLICY

We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.

Yukon Title Company, Inc.

2006 Commitment

Yukon Title Company, Inc.

Order No. Y80697-LS

. SCHEDULE A I.

Commitment Date: August 5, 2013 at 8:00 A.M.

Policy or Policies to be issued:

TYPE OF POLICY

AMOUNT

2006 Owner's Standard Policy ALTA (6/17/2006) Proposed Insured: To Be Determined

$1,000.00

250.00

A fee simple interest in the land described in this Commitment is owned, at the Commitment Date, by Sven O. E. Ebbesson, a married

PREMIUM

person

The land referred to in this Commitment is described as follows: , Tract F and the Southeast Y. of Section 25, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2,1992 as Plat Number 82-9; Records oÂŁ,the Nenana Recording District, Fourth Judicial District, State of Alaska.

2006 Commitment

Yukon Title Company, Inc.

Order No. Y80697-LS

Schedule B - Section 2 EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART ONE: I.

Taxes or assessments which are not shown as existing liens by the records or any taxing authority that levies taxes or assessments on real property or by the public records.

Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof.

Easements, claims of easements or encumbrances which are not shown by the public records.

Rights of the state or federal government and/or the public in and to any portion of the land for right of way as established by federal statute RS 2477 (whether or not such rights are shown by recordings of maps in the public records by the State of Alaska showing the general location of these rights of way).

Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.

Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.

Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.

PART TWO: I.

Reservations

and exceptions as contained in the U.S. Patents.

Reservations

and exceptions as contained in the State of Alaska Patent.

Reservation of all oil, gas and other mineral deposits reserved to the STATE OF ALASKA by Patent recorded April 5, 2007 as Instrument No. 2007-000226-0.

Right of public and governmental trails, streets, roads or highways.

Right of public and governmental agencies in and to any portion of said land included within the boundaries of ALASKA RAILROAD. (As to Tract F)

Reservation of section line easement as provided by AS 19.10.010, 19 SLA 1923, 14 STAT. 253, 43 USCA 932 and reenacted by 1721 CLA 1933.

Any effect of the notes which appear on Plat.

Easements

Right of Reverter to the STATE OF ALASKA as contained in the State Patent recorded April 5, 2007 as Instrument No. 2007-000226.0. Subject property must be used for agricultural purposes only and in accordance with a Farm Conservation Plan approved by the State of Alaska.

agencies in and to any portion of said land included within the boundaries of any

as delineated on Plat.

2006 Commitment

Yukon Title Company, Inc.

Order No. Y80697-LS

10. Covenants, conditions and restrictions, including terms and provisions thereof as contained in instrument recorded AprilS, 2007 as Instrument No. 2007-000226-0; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604 (c). II. Deed of Trust, including terms and provisions thereof, to secure an indebtedness: Amount: $150,000.00 Trustor: SVEN O.E. EBBESSON and BARBARA P. EBBESSON as to Parcels I and n; SVEN O.E. EBBESSON, a married person as to Parcels ill and IV; STATE OF ALASKA as to Parcels V, VI, and Trustee: YUKON TITLE COMPANY, INC. Beneficiary: NORTHRIM BANK Dated: July 15, 20 II Recorded: July 19, 20 II Instrument No. 2011.000413-0 (Affects this and other property)

Modified by instrument

recorded December 8, 2011 as Instrument No. 2011-000907-0.

Modified by instrument

recorded March 23, 2012 as Instrument No. 2012-000171-0.

Modified by instrument

recorded July 10,2012 as Instrument No. 2012-000578-0.

12. Pursuant to Alaska Statute 34.15.010, the right, title and interest of the spouse of the vestee herein, if married: In the event the vestee (or mortgagor/trustor) of subject property is married, and if said property is the family home, then the spouse must also join in any conveyance deed. If executing a deed of trust, the spouse must also join in the execution thereof. If the vestee is unmarried, such should be disclosed on any deed or deed of trust. If married, but subject property is not the family home, the same should be noted on any deed or deed of trust. 13. TITLE TO VEST IN PERSONS OR ENTITIES NOT YET REVEALED AND WHEN SO VESTED WILL BE SUBJECT TO MATTERS DISCLOSED BY A SEARCH OF THE RECORDS AGAINST THEm NAME. NOTE:

The subject property

lies outside the area of an organized taxing district.

Questions regarding this Commitment should be directed to, Lacy Simko, Title Examiner

LS/JAJ Typed: August 26, 2013

2006 Commitment

Yukon Title Company, Inc.

Order No. Y80697-LS

SCHEDULE B - Section 1 The following requirements must be met: (a)

Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.

(b)

Pay us the premiums, fees and charges for the policy.

(c)

Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded.

(d)

You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions.

(e)

Release(s) or Reconveyance(s) of appropriate items.

(I)

1. If any document in the completion of this transaction is to be executed by an attorney-in-fact, the contemplated Power of Attorney form should be submitted for review prior to closing. 2. The State of Alaska, Division ofInsurance has issued its Order R92-1. The order in part, requires the immediate billing and collection of the minimum charge for this commitment within 30 days of the first billing. In the event this transaction fails to close, the minimum billing will be the cancellation fee in accordance with our filed rate schedule. NOTICE

In 1999, the Alaska Department of Natural Resources began recording maps of claimed rights of way which may have been created under a federal law known as "RS 2477", pursuant to Alaska Statute 19.30.400. Because the maps are imprecise, the exception from coverage shown on Schedule B, Part One, Paragraph 4 has been taken. Questions regarding the State's RS 2477 claims should be directed to the Department of Natural Resources, Public Information Center, 3601 C Street, Suite 200, Anchorage, Alaska 99503, (907) 269-8400.

2006 Commitment 5

Yukon Title Company, Inc.

Order No. Y80697-LS

CONDITIONS I. DEFINITIONS (a) "Mortgage means mortgage, deed of trust or other security instrument. (b )"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located.

2. LATER DEFECTS The Exceptions in Schedule B-Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B-Section I are met We shall have no liability to you because of this amendment.

3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.

4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met is Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section I eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you.

5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms.

2006 Commitment 6

Yukon Title Company, Inc.

Order No. Y80697-LS

YUKON TITLE COMPANY, INC. and THE FffiST AMERICAN CORPORATION PRIVACY POLICY

We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information-particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our underwriter, The First American corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.

Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Yukon Title and First American have also adopted broader guidelines that govern our use of personal information regardless of its source. We call these guidelines our Fair Information Values, a copy of which can be found on First American's website at www.frrstam.com.

Types oflnformation Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: 'Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; 'Information about your transactions with us, our affiliated companies, or others; and 'Information we receive from a consumer reporting agency.

Use oflnformation We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (I) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of non public personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions which whom we or our affiliated companies have joint marketing agreements.

Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of you r information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handles responsibly and in accordance with this Privacy Policy and our Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non public personal information.

2006 Commitment

YUKON TITLE COMPANY INC. Policy Issuing Agent for 714 Gaffney Road Fairbanks, AK 99701 (907) 456-3474 Fax (907) 456-3476

INVOICE Date: August 26, 2013 ORDER NO. Y80697-LS RE: Ebbesson\To Be Determined TO:

United Country Theurer AuctionlRealty, Via Email Only Attu: Cammy McComb

PROPERTY

LLC

DESCRIPTION:

Tract I' and SE 1/4 of Section 25, T2S, R7W, F.M. PROPERTY

OWNER:

Sven O.E. Ebbessou

You are beiug charged for the following: Service Preliminary

Minimnm Commitment:

Total Amount Due:

Preminm

$250.00

The charges on this invoice are reflective of the minimum cost of production of the products or services

provided and are due and payable with 30 days of the above date. Charges on this invoice may be fully credited toward the final policy premiums upon closing. Ten Percent of final premium will be paid to the underwriter referenced in the Commitment.

CREDIT MAYBE GIVEN IF A FUTURE POLICY IS ISSUED ON THE SUBJECT PROPERTY WITillN 2 YEARS FROM THE DATE OF TillS INVOICE.

I (89

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2639.4

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NOTICE THIS SKETCH IS FURNISHED AS A COURTESY ONLY BY

252 .4'

FIRST AMERICAN TITLE INSURANCE COMPANY, AND IT IS NOT A PART OF ANY TITLE COMMITMENT OR POLICY OFTITLE INSURANCE.

2626.2 2626 ' (26 4 0 0 (26 4 0 (EAST 5280 0')

THIS SKETCH IS FURNISHED SOLELY FOR THE PURPOSE

•

0' to

t 30

OF ASSISTING

IN LOCATING

THE PREMISES

AND DOES NOT PURPORT TO SHOW ALL HIGHWAYS, ROADS OR EASEMENTS AFFECTING THE PROPERTY. NO RELIANCE SHOULD BE PLACED UPON THIS SKETCH FOR THE LOCATION OR DIMENSIONS OF THE PROPERTY '_

AND

CORRECTNESS

ROGa

NO LIABILITY

THEREOF.

IS ASSUMED

FOR THE

This survey was executed contract GSC_)96.

Bearings bearings

All coordinates shown are baaed upon the Alaeka Coordinate Systalll, lone 4.unl ••.•oth,rWI" notld

The U.T.H. and ~etric data is being on for. information purposes only.

An access easement 50 feet in width, measured upland froa the line of mean or ordinary high water exista along all nsvigable snd public water bodies pursuant to A.S.1J8.05.127 and 11 AAC 5J. Easements along auch bodiea of water shall follow the line of ordlnarl high wilter.

UnlelS vac.ted the Section lines encompilsaed by ~tate land are subject to a 50 foot easement each aide of the section line which is reserved to the State of Alaska for public highways under A.S. 19.10.010.

Gross Area is the record area or the mathematical computed srea. Gross erea doee include shore lands, easemente and highwBl ri9hts-of-w.~.

for any geodetic control atation set to at leaat Claae Standsrds, ease~ents are hereby created for sccess, in accordence with 11 AAC 5).)00 •••

under

and diatances shown and true distances.

All dimenaiona

ehown

hereon

Bre

hereon

sre

8asi8 of coordinatea for this survey waa taken lished by National Geodetic Survey for etation May. 1981,

19.

"onument. aet thie survey are standard DNR J~n aluMinuM cap on a 2\" dia •• lu~inu. pipe JO" long with .agnet. and flange at base. with 2"•.••"•..6' Wltn'" PoIt.

shown

here-

20.

Record data for thia aurvey except baei. of bearing wa. taken frOIl GLO Survey Plat and field racorl!e for US, R7W surveyed 1935 to .19)7 and approved January 28, 19)9.

21.

The Alaeka Railroad wae COllputad frOM the Department of Interior, Alaskan Engineering Com.ia.ion, Map of Oefinite Railway locetion, nl" line, Mile 407\ to .i1e .)1\, dated January 25, 1916. AdJuatments were .ade to obtsin best fit. field tiee were made and ahown aa auch.

to nesreet

of feet.

10. 11.

Net ereaa shoreland

12 •.

The positions for water bodies were located from U.S.G.S. Quadrangle Map, feirbanks (C-5) Alaska 1950 (limited Revisiona 1978) snd (C-4) Aleska 1950 (Photo Revised 1972) and doea not repreeent a determination of navigable or public waters by the State. Water aress were determined utililing theee mape and mechenical methode.

This survey was accomplished by non.the ground" methods utilizing [.D.M. equipment, theodolitea, tape ••

14.

Controlling GlO and 8lM corners were tied .ethods along routee of le.at resietance. not neeeeaarily run in the field.

are ahown within parentheaes, Dnd highway righte-of-way.

The accuracy

of thie

survey

15 seconds

snd exclude

ia grester

all

survey and steel

by closed traverae True lines were

thsn

1;2000.

16.

The title, Alask. Division of lands, (AOl), Division of Technical Services COTS) and Oepartment of Nstural Resources (ONR) sre aynony~oua.

17.

8asis of beering for this survey W8S taken from eLO Survey Plat for 1)S, R8W eurveyed in 1916 and approved April 14,1911.

SELECTION

fro~ data pubNenan. 2 dated

are true

in feet and tenths

indicated

18.

All bearinga arc.

shown

t~e terms

INFORMATION

General Selection - 32 SChool Selection-173 Tentative Approval dated 6/15/62 Slate Grant.dated 717/58 Patent No. 1216567 doted 12/04/67 Potent No. 1227170 dated 6/05/62

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DIVISION OF TECHNICAL ANtHOlt¥E,

2 SOUTH, RANGE 7 WEST, See Iheet Z d 2 for blorl"", tre. doto curve cktto.1IlCIIUIlW poIitl_.

SERVICES

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SUPPlEMENTA~DA5TRAL

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'ION 25 OF TRIICTll' NIHIECTDIS 35 '1OVI1GIfI;>2 SClITH, RANCE 7 WEST. F",,_a

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2007-000226_0 A L

Recording Disl: 414 • Nenana 4/5/2007 11:12 AM Pages: 1 of 4

A A~

1111111111'111" III

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111111111"" 11111'111 " "'

THIS COVER SHEET HAS BEEN ADDED TO THIS DOCUMENT TO PROVIDE SPACE FOR THE RECORDING DATA. THIS COVER SHEET APPEARS AS THE FIRST PAGE OF THE DOCUMENT IN THE OFFICIAL PUBLIC RECORD. DO NOT DETACH Return Recorded Document to: SVEN O.E. EBB ESSON

3165 Anella Avenue Fairbanks, Alaska 99709

Jattnt ~n. ZU434 ADL NO.4 1 2 2 5 3 Know Ye By These Presents that the Grantor, the STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, 550 West 7th Avenue, Suite 1050A, Anchorage, Alaska 99501-3579, pursuant to AS 38.05.057, AS 38.05.321, and the regulations promulgated thereunder, in consideration of the sum of FORTY ONE THOUSAND ONE HUNDRED AND 00/100 lawful money of the United States, and other good and valuable consideration, grants and conveys to the Grantee, SVEN O.E. EBBESSON, a married person, whose mailing address of record is 3165 Anella Avenue, Fairbanks, Alaska 99709, and Grantee's heirs and its assigns, all right, title and interest, if any, in and to that real property situated in the Nenana Recording District, Slate of Alaska, and described as follows: TOWNSHIP 2 SOUTH, RANGE 7 WEST, FAIRBANKS MERIDIAN, ALASKA SECTION 25: TRACT F, SE1/4. CONTAINING 243.21 ACRES, MORE OR LESS. ACCORDING TO THE AMENDED ALASKA STATE SUPPLEMENTAL CADASTRAL SURVEY PLAT FILED IN THE NENANA RECORDING DISTRICT ON SEPTEMBER 2, 1982, AS PLAT 82-9. TOWNSHIP 2 SOUTH, RANGE 7 WEST. FAIRBANKS MERIDIAN

ALASKA

SECTION 36: N1/2NE1/4, SW1/4NE1/4. CONTAINING

119.97 ACRES, MORE OR LESS.

ACCORDING TO THE ALASKA STATE SUPPLEMENTAL CADASTRAL SURVEY PLAT FILED IN THE NENANA RECORDING DISTRICT ON APRIL 9, 1985, AS PLAT 85-5. AGGREGATING

363.18 ACRES, MORE OR LESS.

Subject to: valid existing rights, including reservations, easements, and exceptions in the U.S. Patent or other slate or federal conveyance, and in acts authorizing the issue thereof; easements, rights-of-way, covenants, conditions, reservations, notes on the plat, and restrictions of record, if any. Page 1 of 3

1111'11111' lllllllllIIlmll'~ 2 of 4 2007-000228-0

"Official

State Business-No

Charge"

Further subject SW1/4NE1/4. Further subject

to: a public utility easement, Section 36: the West 15 feet of the N1/2NE1/4 and the

to: subdivision requirements pursuant to AS 38.05.321.

Provided that a perpetual covenant for the benefit of all Aiaska residents restricts the use of the land to agricultural purposes only as defined in AS 38.05.321. This covenant runs with the land and is binding upon the Grantee and all persons or parties claiming through the Grantee. Provided Further that a perpetual covenant for the benefit of all Alaska residents permits the owner of the land to subdivide and convey not more than four parcels of not less than 40 acres each, after the obligation to pay for the right to construct housing in each subdivided parcel is either satisfied under AS 38.05.321(e) or, if conveyance is to be made to a member of the owner's immediate family, is acknowledged by a lien placed on the parcel under AS 38.05.321(f) as security for future payment of the amount due. A subdivided parcel may not be further subdivided. This covenant runs with the land and is binding upon the Grantee and all persons or parties claiming through the Grantee. Provided Further that the covenants listed above may be enforced only through a civil action brought by the State, municipality, or an Alaska resident in accordance with the requirements set forth in AS 38.05.321. Provided Further that the Grantee expressly covenants to operate in accordance with a Farm Conservation Plan approved by the Grantor. This covenant runs with the land and is binding upon the Grantee and all persons or parties claiming through the Grantee. The Grantor hereby expressly saves, excepts and reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, all oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils of every name, kind or description, and which may be in or upon said lands above described, or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils, and it also hereby expressly saves and reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, the right to enter by itself, its or their agents, attorneys, and servants upon said lands, or any part or parts thereof, at any and all times for the purpose of opening, developing, drilling, and working mines or wells on these or other lands and taking out and removing therefrom all such oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, the right by its or their agents, servants and attorneys at any and all times to erect, construct, maintain, and use all such buildings, machinery, roads, pipelines, powerlines, and railroads, sink such shafts, drill such wells, remove such soil, and to remain on said lands or any part thereof for the foregoing purposes and to occupy as much of said lands as may be necessary or convenient for such purposes hereby expressly reserving to itself, its lessees, successors, and assigns, as aforesaid, generally all rights and power in, to, and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and rights hereby expressly reserved. To Have And To Hold the said land, together with the tenements, hereditaments, and appurtenances thereunto appertaining, unto the said Grantee and Grantee's heirs and assigns forever.

Page 2 of 3

m 111111 IllmlllO 30f 4

2007-00022.-0

I~I~

1'---

In Testimony Vllh8l8Of the State of Alaska has caused these presents to be executed by the Acting Director of the Division of Mining, Land and Water, Department of Natural Resources, State of Alaska, pursuant to delegated authority, this 26th day of March, 2007.

Slateof Alaska

) ) 55.

Thill JudicialDislr'd

)

This Is To certify that on the 26th day of March, 2007, appeared before me SANDRA J. SINGER, who is known to me to be the person who has been lawfully delegated the authority of Richard H. Mylius, the Acting Director of the Division of Mining, Land and Water, Department of Natural Resources, State of Alaska, to execute the foregoing document under such legal authority and with knowledge of its contents; and that such act was performed freely and voluntarily upon the premises and for the purposes stated therein. VVitnessmy hand and official seal the day and year in this certificate first above written.

&e.t?.cL Ki,Jrh

Notary Public in and for the State of Alaska My commission expires with office \\\\\H1ff{fl(

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~'~~~~~~$ ~.1 0.:.." .; ;;:.A. ••.. ' "111",'•• "f'O-\\\••.. 1Jl1}1n"

Patent No. 20434 ADL No. 412253 Location Index: T. 2 S., R. 7 W., F.M. Sections 25 and 36

1111~lllllmmllmlll 401 4 2007 -lIDD22I-l1

Page 3 of 3

~tl.t;~/~"t;1W€-5- l

2011-000413-0

. ..(J.w~w-0'10

Gist: 414 - Nenana

8:32 AM Pages: 1 of 14

~Hes.~WA~(;;(0 0.) P (~

Recording

7/191201:1

/111111mllll~IIIIIIIIIIII"11111111

11111111111111111111111111111111In III "" II1I

ElI ~2I £3 55-5

'B'Z-1

A{-z.

RECORDATION

BZ-ID

{'2-- 3 S

. C"2-

REQUESTED BY: NORTHRIM BANK

e-U

Fairbanks Financial Center 360 MaThar Ave. P. O. Box. 70688

fairbanks, AK 99707.0688 WHEN RECORDED MAIL.

TO: NORTH RIM BANK Fairbanks FInancial

Center 360 MeThar Ave.

P. O. Box 70688 FaIrbanks, AK 99707~06BB SEND TAX NOTICES TO: Sven O. Ebbasson Barbara P. Ebbesson 3165 Anella Avenue Fairbanks, AK

99709

FOR RECORDER'S

'I VCiIf I'(

USE ONLY

li~~llll~111111 "0340" DEED OF TRUST THIS

DEED OF TRUST

dated

July

15,

2011,

among

Sven

O. E. Ebbesson

and Barhara- P.

Ebbesson as to Parcels r and II; Sven a.E. Ebbesson, a married person as to Parcel III and JV; State of Alaska as to Parcel V, VI, VII and VIII, whose address Is 3165 Anella Avenue, Fairbanks, AK 99709 ("Grantor"); NORTHRIM BANK, whose address 18 FaIrbanks FinancIal Center, 360 Merhar Ave., P. O. Box 70688, Fairbanks, AK 99707-0868 (rafarred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Yukon Title Company, Inc., whose address Is 714 Gaffney Rd, Fairbanks, AK 99701 (referred to below as "Trustee"). CONVEYANCEAND GRANT. For valuable consideration, Grantor conveys to Trustee In trusl, with power of sale, for the benefit of Lender as Beneficiary, ell of Grantor's right, titre. and interest In snd to the following described real property. logether with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or Irrigation rIghts); and all other rights. royallles, e,ndprofits relating to the reel property, including without limitation all minerals, oil, gas, geothermal and similar matlers, (the "Real Property") located in the Nenana Recording District, Fourth Judicial District, the State of Alaska: PARCELI: Tract A, Section 36, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Plat Number 62-9; Records of the Nenana Recording District, Fourth JudIcial District, State of Alaska. PARCEL II:

The Northwest 1/4 of the Southwest 1/4, SectIon 36, Township 2 South Range,7 West, Fairbanks Meridian as shown on the Alaska State Cadastral Survey Plat recorded April 9, 1985 as Pial Number 85-5; Records of the Nenana Recording District, Fourth Judicial

DEED OF TRUST loan No: 7101709314

(Continued)

Page 2

District, State of Alaska. PARCEL III: Tract F and the Southeast 1/4 of SectIon 25, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Plat Numbar 82~9 Records of the Nenana Recording District, Stale of Alaska. PARCEL IV: The North 112 of the Northeast 114 AND the Southwest 114 of the Northeast 114, Section 36, Township 2 South, Range 7 West, FaIrbanks Meridian as shown on the Alaska State Cadastral Survey Plat recorded April 9, 1985 as Pial Number 85~5; Racords of the Nenan.a Recording District, Fourth Judicial District, State of Alaska. PARCEL V: Tracts D and F, Section 35, Township 2 South, Range 7 West. Fairbanks Meridian as shown on the amended Araska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Plat Number 82~9: Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VI: Tract E~1, E-2 and E-3. Section 35, TownshIp 2 South, Range 7 West. Fairbanks Meridian as shown on (he Alaska Cadastral Survey Plat recorded April 9. 1985 as Plat Number 85-5; Records of the Nenana Recording District, Fourth JudIcial District, State of Alaska. PARCEL VII; Tract A, Section 2, Township 3 South, Range 7 Wast, Fairbanks Meridian as shown on the Amended Cadastral Survey Plat recorded September 2, 1982 as Plat Number 82~10; Records of the Nenana Recording Dlstrclt, Fourth Judicial Dlstrlcl, State of Alasaka. PARCEL VIII: Tract C-2, Section 2, Township 3 South, Range 7 West, Fairbanks Meridian as shown on the Amended District, Fourth Judicial District, State of Alaska. The Real Property or its address Is commonly known a$ Mile 317.5 Parks Highway, Nenana, AK 99760. Grantor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Gran.tor's right, title, and interest in and to all present and future leases of Ihe Property and ell Renls from the Property as security for the Indebtedness. In addition to this assignment under common law, Grantor grants to lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GrvEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except 8S otherwise provided in thIs Deed of Trusl, Grantor shall pay 10 Lender all amounls secured by this Deed of Trus( es they become due, end shall strictly and In a timely manner perform an of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, POSSESSION AND MAINTENANCE OF THE PROPERTY, Granlor agrees that Granlor's possession and use of the Property shall be govemed by the following provisIons: Possession and Use. Until the occurrence of an Event of Default; Grantor may (1) ramaln In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Renls from the Property (this privilege is a license: from lender to Grantor automatically revoked upon default). . Duty to Mainlain. Grantor shall maintain the Property In tenantable condlllon and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender Ihat: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2)" Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by lender in writing, (a) any breach or vlolatlon of any

111111111111111111111111111111111111 20r 14

2011.000413.0

Loan No: 7101709314

DEED OF TRUST (Continued)

Page 12

dollar amounts shall mean amounts In lawful money of the United Slates of America. Words and terms used in the singular shall Include the plural, and the plural shall include the singular, as the context may raqulre. Words and terms not otherwise defined in this Deed of Trust shall have the meanings altrlbuted to such terms In the Uniform Commercial Code: Beneficiary, assigns.

The word "BeneficIary"

means NORTHRIM BANK, and Its successors and

Borrower. The word "Borrower" means Sven O. Ebbesson and Barbara P. Ebbesson and includes all co-signers and co.makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and Includes without I1mltatlon all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Defaun~ means the Default set forth in this Deed of Trust in the section tilled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances reiating to tha protection of human health or lhe envtronment, including without limitation the Comprehensive Environmental Response, Compensation, and LIability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendmen1s and Reauthorlzalfon Act of 19$6, Pub. L. No. 99-499 ("SARA"), the Hazardous MaterIals TransportalJon Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" maan any of the evenls of default set forth In thIs Deed of Trust In the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Sven O. Ebbesson and Barbara P, Ebbesson. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufacturtld, transported or otherwise handled. The words "Hazardous Subslances~ are used In their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The tenn ~Hazardous Substances" also Indudes, without limitation, petroleum and petroleum by~products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on 1he Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "fndebtednessn means all princlpal, lnlerest, and other amounts, costg and expenses payable under the' Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obllgations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means NORTHRIM BANK, its successors and 8ssigns. Note. The word "Noten means the promIssory note dated July"15, 2011, in the origInal principal amount of $150,000.00 from Grantor to Lender" togetber with all renewals of, extensions of, modifications of, refinancIngs of, consolidations of, 'and substitutions for the promIssory note or agreement The maturity date of thIs Deed of Trust Is July 15, 2024. Personal Property. The words "Personal Property" mean all equlpment,Jlxtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter atlached or affixed to the Real Property; together with an accessions, parts, and addilions to, all replacements of, and all substitutions for, any of such property; and together with all issues and profits theroon and proceeds (including without !imitation alf insurance. proceeds and refunds of premiums) from any sale or other disposition of the Property.

1111111111111111111111111111111111 12 of 14

2011-000413-0

III1

'.,

DEED OF TRUST (Continued)

Loan No: 7101709314

Property. Properly.

The word "Property"

Page 13

means collectively the Real Property and the Personal

Real Property. The words "Rear Property" mean the real property, Interests and rights, as further described In this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and an other,instruments, agreements and documenls. whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future renls, revenues, income, Issues, royalties, profits, and other benefits derived from the Properly. Trustee. The word "Trustee" .means Yukon Title Company, Inc., whose address Is 714 Gaffney ~d, Fairbanks, AK 99701 and any subsliMe or successor trustees. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEEO OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS.

INDIVIDUAL ACKNOWLEDGMENT

STATE OF

JUDICIAL DISTRICT

i i

On this day before me, the undersigned Notary Public, personally appeared Sven O. Ebbes$on and Barbara P. Ebbesson, to me known to be the Individuals described In and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as lhelr free and voluntary act and deed, for the uses and purposes therein mentioned. Glv

under my hand and official saal this

lL-.

I Stlt.

day of

Residing at

.\:ovid

F{L;.r/,;",1-r;

My commission explr..

f ~/2-Q/ 'i

1I11111111111111~mllllllllllllllill 13 of 14

2011-000413-0

DEED OF TRUST (Continued)

Loan No: 7101709314

Page 14

REQUEST FOR FULL RECONVEYANCE (To be used only when obligaUons have been paId In full) To:

~' Trustee

The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid end satisfied, You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed 0.1Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which Is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties.designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to:

Datt!:

Beneficiary:

8y:

Its:

U11111111l1111 Imlll!llllll!!1 14 of 14

2011-000413-0

CJ./

A L A S K A

2011-000907_0 Recording

Dis!: 414 - Nenana

12/8/2011 10:22 AM Pages: 1 of 4

111I1~1~1~1!~11I"lm"IIIII"I~~"II~~flll~I"llIlillll m RECORDATION REQUESTED BY: NORTH RIM BANK

Fairbanks Financial Center 360 Momar Avo. P. O. Box 70688 Fairbanks, AK 99707~688 WHEN RECORDED MAIL

TO: NORTH RIM BANK

Fairbanks Financial Center 360 Marhar Ave. P. O. Box 70688 Fairbanks, AK 99707~688 SEND TAX NOTICES TO: Sven O. Ebbesson

Barbara P. Ebbesson 3165 Anolla Avo

Fairbanks, AK 99709

FOR RECORDER'S USE ONLY

MODIFICATION OF DEED OF TRUST

1111111 THIS MODIFICATION OF OeeD OF TRUST dated December 6, 2011, 16 made and executed between Sven O. E. Ebbesson and Barbara P. Ebbesson as to Parcels I and II; Sven a.E. Ebbesson, a mamed person as to Parcel III and IV; State of Alaska as to Parcel V, VI, VII and VIII, who.o add•• a. I. 316S Anolla Avonuo, Falrbonk., AK 99709 ("Gillotor'") and NORTHRIM BANK, whose address Is Fairbanks Financial Center, 360 Merhar Ave., P. O. Box 70688, Fairbanks, AK 99707 -D688 r'Londor"). DEED OF TRUST. Lender and Grantor have entered into a Deed of Trust dated July 15, 2011 (the "Deed of Trust") whIch has been recorded in the Nenana Recording Distrlct, Fourth Judicial District, the State of Alaska, as follows: Recorded July 2011~0041~.

19,

2011

In the Nenana Recording District as Jnstrumenl

Numbor

REAL PROPERTY DESCRIPTION, The Deed of Trust covo'" the following described reol property located in the Nenana Recording District, Fourth Judicial District, the State of Alaska: PARCEL I: Tract A, Section 36, Township 2 South, Range 7 West, Fairbanks Merldlan as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Pial Number 82-9; Records of the Nenane ReCOrding District, Fourth Judicial District. State of Alaska. PARCEL II: The Northwest 1/4 of the Southwest 1/4, Section 36, Township 2 South Range 7 West, Fairbanks Meridian as shown on the Alaska State Cadastral Survey Plat recorded April 9, 1985 as Plat Number 85-5; Recoros of the Nenana Recording District, Fourth Judicial

MODIFICATION Loan No: 7101709314

OF DEED OF TRUST

(Continued)

Page 2

District, State of Alaska. PARCEL III: Tract F and the Southeast 1/4 of Section 25, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Plat Number 82-9 Records of the Nenana Recording District, State of Alaska. PARCEL IV: The North 1/2 of the Northeast

1/4 AND the Southwest

1/4 of the Northeast

1/4, Section

36, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the Alaska Slate Cadastral Survey Plat recorded April 9, 1985 as Plat Number 85-5; Records of the Nenana Reoording Distrtct, Fourth Judicial District, Stale of Alaska. PARCEL V: Tracts 0 and F, Section 35, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Plat Number 82-9; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VI: Tract E-1, c-2 and E-3, Section 35, Township 2 South, Range 7 West. Fairbanks Meridian as shown on the Alaska Cadastral Survey Plat recorded April 9, 1985 as Plat Number 85-5; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VII: Tract A, Section 2, Township 3 South, Range 7 West, Fairbanks Meridian as shown on the Amended Cadastral Survey Plat recorded September 2, 1982 as Plat Number 82-10; Records of the Nenana Recording District, Fourth Judicial District, S~te of Alaska. PARCEL VIII: Tract C-2, ~ctlon 2, TownshIp 3 South, Range 7 West, Fairbanks Meridian as shown on the AmendeaOistrict, Fourth Judicial District, State of Alaska. The Real Property or Its address is commonly AK 99760. MODIFICATION.

known as

Mile 317.5 Parks Highway,

Nenana,

lender and Grantor hereby modify the Deed of Trust as follows:

The principal balance of the Note secured by this Deed of Trust Is being Increased by $40,000,06 for a total commllmant of $186,679.00. CONTINUING VAUDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force and effect. Consent by Lender to this Modification does not waive lender's right to require strict performance of the Deed of Trust as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Deed of Trust (the "Note"). It is the intention of lender to retain as liable all parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties, unless a party Is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Deed of Trust does not sign this ModificatIon, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non.signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF OEED OF TRUST AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED DECEMBER 6, 2011,

*Cadastral Survey Plat recorded April 9, 1985 as Plat Number 85-6; Records of the Nenana Recording

~lml~lIl~mmlllmH 20f 4

2011-000901-0

MODIFICATION OF DEED OF TRUST loan No:7101709314

STATE OF

(Continued)

Page 3

\A\o.l>\p ..â&#x20AC;˘

On this day before me, the undersigned Notary Public. personally appeared Sven O. Ebbesson and Barbara P. Ebbeslon by Sven O. Ebbesson by Power of Attorney. to me known to be the individuals described in and who executed the Modification of Deed of Trust, and acknowledged that they signed the Modfficatlon as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official Beal this

day

20-ll-. By

~ or the State of

Residing at

010 ),

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co,,", OH.JC

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IImllllmml~1II11I1I 3 4 of

2011-ll00907-ll

MODIFICATION LOIn No: 7101709314

OF DEED OF TRUST

(Continued)

Plgl4

LENDER ACKNOWLEDGMENT STATE OF

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On this

(tY'L\

day of

undersigned~cw.ryPublic, p~pally appeared meto bethe ~~M m,u'( . a

ll.-.

before me. the

and known to 0 zed a nt for NORTHRIM BANK that

executed the within and (o",ooing Instrument an acknowledged said instrument to be the free and voluntary act and deed-6t NORTHRIM BANK, duly authorized by NORTHRIM BANK through Its board of directors or otherwise, tor the uses and purposes therein mentioned, and on oath stated that he or she Is authorized to execute this said instrument and In fact executed this said instru.lgent on behalf of NORTHRIM BANK.

By~uil

Cl .. .lL

Notary Public In Jd

for the Slate of

A Iv ~

RIsldlng at

.10 'I""'" I

My commission expires

fp!) ?y

318

1IIIIImlllmmlll~lI~ 4 of 4

2011-000907-0

._---

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--- _ .._~--~~~~~~~~~-~~--~-~-~--~~------. -"

2012-000171-0 Recording Dis!: 414. Nenana 3/2312012 10:54 AM Pages: 1 of 4

111111111111111'"1111111111111" IIIIIIII~II

III 111111111"111 1111111111111111111

RECOROATION REQUESTED BY: NORTH RIM BANK

Fairbanks Financial Center 360 Merhar Ave. P. O. Box 70688

Fairblnks, AK 99707-0668 WHEN RECORDED MAIL

TO: NORTH RIM BANK Fairbanks Financial

Center 360 Merhar Ave. P. O. Box 70688 fairbanks, AK

99707-068B BEND TAX NOTICES TO: $ven o. E. Ebbesson Barbara P. Ebbesson 3165 Anella Ave. Fairbanks, AK

99709

ili4f9iÂŤ

FOR RECORDER'S USE ONLY

MODIFICATION

OF DEED OF TRUST

.0735*

THIS MODIFICATION OF DEED OF TRUST dated March 21, 2012, Is made and executed between $ven O. E. Ebbesson and Barbara P. Ebbee,son 8S to Parcels 1 and n; SVBn a.E. Ebbesson, a maried person as to Parcel III and IV; State of Alaska as to parcel V, VI, VII and VIII, whose address Is 3165 Anella Ave, Fairbanks, AK ,99709 ("Grantor"') and NORTHRIM BANK, whose address is Fairbanks Financral Ceritclr, 360 Merhar Ave., P. O. Box 70668. Fairbanks, AK 99707-0688 ("Lender"). DEED OF TRUST. Lender and Grantor have entered into a Deed of Trust dated July 15. 2011 (the nDeed of Trust-) which has been recorded In the Nenana Recording District, Fourth Judicial District, the State of Alaska. as follows: Recorded July 19. 2011

In the Nenana Recording District as Instrument

Number

2011-000413-10. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in the Nenana Recording Djs1rict. Fourth Judicial District, the State of Alaska:

PARCEL1:

*Township

Tract A, Section 36, 2 South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Plat Number 82-9; Records of the Nenana Recording District. Fourth Judicial District, State of Alaska. PARCEL II: The Northwest 1/4 of the Southwest 1/4, Section 36. Township 2 South Range 7 West. Fairbanks Meridian as shown on the Alaska State Cadestral Survey Plat recorded April 9.

MODIFICATION OF DEED OF TRUST Loan No; 71~1709314

(Continued)

1985 as Plat Number 85-5; District, State of Alaska.

PallO 2

Records of the Nenana Recording District Fourth Judicial

PARCEL III: Tract F and the Southeast 1/4 of Section 25, Township' 2 South, Range 7 West. Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Plat Number 82-9 Records of the Nenana Recording District, State of Alaska â&#x20AC;˘â&#x20AC;˘ PARCEL IV; The North 1/2 of the Northeast 1/4 AND the Southwest 1/4 of the Northeast 1/4, Section 36, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the Alaska State Cadastral Survey Plat recorded April 9, 1985 as Plat Number 85-5; Records of the Nenana Recording District, Fourth Judiclal District, State of Alaska. PARCEL V: Tracts 0 and F, Section 35. Township 2, South, Range 7 West, Fairbanks Meridian as shewn on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2, 1992 as Plat Number 82-9; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VI; Tract E-1, E.2 and E-3, Section 35, Township 2 South, Range 7 West, Fairbanks Meridfan as shown on the Alaska Cadastral Survey Plat recorded April 9, 1985 as Plat Number 85-5; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VII: Tract A, Section 2, Township 3 South, Range 7 West, Fairbanks Meridian as shewn on the Amended Cadastral Survey Plat recorded September 2, 1982 as Plat Number 82-10; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VIII: Tract C-2, Sqplion 2, TownshIp 3 South, Rang-e.7 West, Fairbanks Meridian as shown on Amended District, Fourth Judicial DislrictaStete of Alaska. 1985 1 t

\t'~ cadastral Number

Survey Plat recor ed April 9,

85-6;

ReCOrds

of the Nenana

The Real Property or its address is commonly known AK 99760.

as P a

Recording Mile 317.5 Parks Highway,

Nenana,

MODIFICATION. lender and Grantor hereby modify the Deed of Trust as follows: The principal balance of the Note secured by this Deed of Trust Is being Increased by $20,000.00 for a total commlbnent of $204,784.27, CONTINUING VAUDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force, and effect. Consent by Lender to this Modtfication does not waive Lender's right to require strict performance of the Deed of Trust as changed above nor obligate Lender to make any future mOdIfications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Deed of Trust (the aNote"). It is the intention of lender to retain as llable all parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties, unless a party Is expressly released by lender In writing. Any maker or endorser, Including accommodation makers, shall not be released by virtue of this ModifICation. If any person who signed the original Deed of Trust does not sign this Modification, then all persons signing below acknowledge that this Modification Is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any Initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MOOIFICATION OF DEED OF TRUST AND GRANTOR AGREES TO ITS TERMS, THIS MODIFICATION OF DEED OF TRUST IS DATED MARCH 21, 2012.

;

I !

1IIIImlllllllllllllllllllllllili 2 4 of

2012.000171-0

MODIFICATION OF DEED OF TRUST LoanNo:7101709314

(Continued)

Page 3

GRANTOR:

X~~SO~'=

---~.

LENDER:

INDIVIDUAL ACKNOWlED~

•..

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1111~/OfJ EKPllll'O.:..••••••••••• l~\\\••.••••••••.•..••

On this day before me, the undersigned Notary Public, personally appeared Sven O. E. Ebbess,on and Barbara P. Ebbesson, to me known to be the individuals descnbed in and who executed the Modification of Deed of Trust, and acknowledged that they signed the Modffication as their free and voluntary act and deed. for the uses and purposes therein mentioned. --4, ...._ Given under my hand and official seal this ________ ~. 20/0<.. . By

e5b/sf

~!vfJ7<-<.--

Not:PUb:J2Jd for

the State

day of

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2012-OO0171.Q

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Loan No: 7101709314

MODIFICATION OF DEED OF TRUST (Continued)

Page 4

LENDER ACKNOWLEDGMEN(.~6-~"

STATEOF

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1111~1}

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On this _ tIL , 20 ~, before me, the undersigned Notary Public, personA" ppeare<;lY..tVIO".!{} J7Q<2e/) and known. to me to be the vP CJj; ~orized 3Q6nt for NORTHRIM BANK that executed the within and fo oing instrument and acknowledged said instrument to be the free and voluntary act and deed of NORTHRIM BANK, duly authorized by NORTHRIM BANK through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this saId Instrument and in fact executed this said instrument on behalf of NORTHRIM BANK.

ey~

R•• ldln9a~

Notary Public in and for the State of ~

My commission

expires

tf7.tJ2f/dJ-

IIIIII11I111I

f~Im/II/WIIIIII

4 Of 4

2012.000171.0

---~--~---~~~~--~~~~--~~~~-----------.-"----_.

._----"-~-~

2012-000578-0

A L A

Recording Dis!: 414 - Nenana 7/10/2012 10:24 AM Pages: 1 of 4

S K A

IIl11m~1~~"IIIII~lIlmmmmlm~mllll~lllI~lIIlll"I"111111i1

RECORDATION REQUESTED BY: NORTHRIM BANK

Fairbanks Flnancial Center 360 Merhar Ave.

P. O. Box 70666 Fairbanks, AK 99707-0688 WHEN RECORDED MAIL

TO: NORTHRIM BANK Fairbanks

Financial

Center 360 Merhar Ave.

P. O. Box 70666 Fairbanks,

99707a0688 SEND TAX NOTICES TO: Sven O. Ebbesson Barbara P. Ebbesson

3165 Anella Avenue Fairbanks, AK 99709

'I\pCj\.12\'\

FOR RECORDER'S USE ONLY

MODIFICATION OF DEED OF TRUST

lillillllll~~ THIS MODIFICATION OF DEED OF TRUST dated July 9, 2012, Is made and executed between Sven O. E. Ebbesson and Barbara P. Ebbesson as to Parcel 1 and II: $van O.E. Ebbesson, a mamed person as to Parcel III and IV; State of Alaska as to Parcel V,VI, VII and VIII, whose address is 3165 Anella Avenue, Fairbanks, AK 99709. ("Grantor") and NORTHRIM BANK, whose address Is Fairbanks Financial Center, 360 Merhar Ave., P. O. Box 70688, Fairbanks, AK 99707..(1688 ("Lender"), DEED OF TRUST. Lender and Grantor have entered into a Deed of Trust dated July 15, 2011 (the -Deed of Trust") which has been recorded in the Nenana Recording District, Fourth Judicial District, the State of Alaska, as follows: Recorded July 19, 2011 in the Nenana Recording District, Fourth Judicial District, State of Alaska, Serial Number 2011-000413-10. REAL PROPERTY DESCRIPTION. The Deed of Trost covers the following described real property located in the Nenana Recording District, Fourth Judicial District, the State of Alaska: PARCEL I: Tract A, Section 36, TownshIp 2 South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadestral Survey Plat recorded September 2, 1992 as Plat Number 62-9; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL II: The Northwest 1/4 of the Southwest 1/4, Section 36, Township 2 South Range 7 West, Fairbanks Meridian as shown on the Alaska State Cadestral Survey Plat recorded April 9,

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MODIFICATION OF DEED OF TRUST Loan No: 7101709314

Page 2

(Continued)

1985 as Plat Number 85-5; District, State of Alaska.

Records of the Nenana Recording District

Fourth Judicial

PARCEL III: Tract F and the Southeast 1/4 of Section 25, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2. 1992 as Plat Number 82-9 Records of the Nenana Recording District, State of Alaska,_ PARCEL IV: The North 1/2 of the Northeast 1/4 AND the Southwest 1/4 of the Northeast 1/4, Section 36, Township 2 South, Range 7 West, Fairbanks Meridian as shown on the Alaska State Cadastral Survey Plat recorded April 9, 1985 as Plat Number 85-5; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL V: Tracts D and F. Section 35. Township 2, South, Range 7 West, Fairbanks Meridian as shown on the amended Alaska State Supplemental Cadastral Survey Plat recorded September 2. 1992 as Plat Number 82-9; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VI: lract E~1, E-2 and E-3, Section 35. Township 2 South, Range 7 West, Fairbanks Meridian as shown on the Alaska Cadastral Survey Plat recorded April 9, 1985 as Plat Number 65-5; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VII: Tract A, Saction 2, Township 3 South, Range 7 West, Fairbanks Meridian as shown on the Amended Cadastral Survey Plat recorded September 2, 1982 as Plat Number 82-10; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska. PARCEL VIII: Tract C-2, Section 2, Township 3 South, Range 7 West, Fairbanks Meridian as shown on the Amended Cadastral Survey Plat recorded April 9, 1965 as Plat Number 65-6; Records of the Nenana Recording District, Fourth Judicial District, State of Alaska.

The Real Property or its address is commonly known as Mile 317.5 Parks Highway, Nenana, AK 99760. MODIFICATION. Lender and Grantor hereby modify the Deed of Trust as follows: .The principal balance of the Note secured by this Deed of Trust Is being increased by $95,854.15 for a total commitment of $297,000.00 The new maturity date of the Deed of Trust is July 15, 2027 CONTINUING VALIDITY. Except as expressly modffied above, the tenns of the original Deed of Trust shall remain unchanged and In full force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Deed of Trust as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Deed of Trust (the "Note"). It is the intention of Lender to retain as liable all partIes to the Deed of Trust and all parties. makers and endorsers to the Note, including accommodation parties, unless a party Is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Deed of Trust does not sign thIs Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to an such subsequent actions. GRANTOR

ACKNOWLEDGES

HAVING

READ ALL THE PROVISIONS

OF THIS MODIFICATION

OF DEED OF TRUST AND GRANTOR AGREES TO ITS TERMS. THIS MOOIFICATION OF DEED OF TRUST IS DATED JULY 9,2012.

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MODIFICATION OF DEED OF TRUST (Continued)

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On this day before me, the. undernigned Notary Public, personally appeared Sven O. Ebbesson and Barbara P. Ebbesson, to me known to be the individuals described in and who executed the ~ Modification of Deed of Trust, and acknowledged that they signed the Modification as their free and voluntary act and deed, for the uses and purposes therein mentlone~. I Given under my hand and official seal this 20 .

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2012-000578-0

REAL ESTATE PURCHASE CONTRACT In consideration of the mutual agreements herein, it is agreed that Seller will sell to Buyer by a good and sufficient Warranty Deed and Buyer will buy from Seller, the following property on the following terms and conditions: 1.

BUYER: _________________________________________________________________________________________

SELLER: Sven Ebbesson and Barbara Ebbesson, Husband and Wife

LEGAL DESCRIPTION: See Exhibit “A” attached for legal description

SUMMARY OF TERMS: HIGH BID

$_________________

BUYER’S PREMIUM (3%)

$ ________________

CONTRACT PRICE

$ ________________

EARNEST MONEY (10%)

$ ________________

BALANCE DUE AT CLOSING

$ ________________

EARNEST MONEY: The Buyer does hereby deposit with Yukon Title, Fairbanks, Alaska, NON-REFUNDABLE earnest money as security that the terms and conditions of this Contract shall be fulfilled by the Buyer. Earnest Money shall be deposited after Acceptance of the Contract by all parties. The earnest money shall be applied to the purchase price at closing.

CLOSING: The parties agree that time is of the essence, and Buyer agrees to close on or before November 1, 2013. Buyer and/or Seller will have the necessary funds available to close this Contract, payable by cashier’s check, certified funds, or wire.

POSSESSION: Possession of the land only used for hunting shall be day of the Auction. If property sells as one parcel (all land and equipment), Buyer shall receive possession day of Auction (including the current potato crop). If the property sells in separate parcels, possession of the potato farm will be after harvest of 2014 potatoes.

AGENCY DISCLOSURE: Seller and Buyer acknowledge that United Country-Theurer Auction/Realty, LLC, and its agents or representatives are, or will be, acting as the agents of the SELLER, with the duty to represent the SELLER’S interest.

PRORATION OF TAXES AND RESERVES: Buyer shall be responsible for any future real estate taxes.

10. INSURANCE: Seller shall maintain current insurance in force until closing. Should possession take place prior to closing, Buyer shall secure hazard insurance effective on or before possession date. Buyer will be solely responsible for obtaining insurance to cover any casualty loss occurring after closing, even if possession is retained by Seller after closing. 11. MINERALS: All Seller-owned minerals shall be conveyed to Buyer at closing; land is not currently leased for oil or gas. 12. SURVEY: Property is being sold as per the legal description. Any survey required by lender shall be at the expense of the Buyer.

Ebbesson

13. TITLE EVIDENCE: A preliminary title commitment has been prepared by Yukon Title, Fairbanks, Alaska, and at the Seller’s expense. The Seller shall cause to be furnished to Buyer a title insurance company’s commitment to issue, after closing, a title insurance policy in an amount equal to the full purchase price naming Buyer as the insured. A copy of the title commitment will be furnished to Seller, Buyer, lender, listing broker, and selling broker, if any, as promptly as possible. The Seller and Buyer shall each pay one half the cost of the Owner’s title insurance. In the event Seller is entitled to a discount, the Seller shall receive the full discount. Buyer shall pay for any title coverage for the benefit of Buyer’s lender. Buyer shall have a reasonable time, not to exceed five business days, to examine the title insurance commitment and to notify Seller of any objections to the title. Seller shall have a reasonable time, not to exceed 30 days after the scheduled closing date, to cure any title defect other than Permitted Exceptions. Should the Seller be unable to furnish marketable title subject to only the Permitted Exceptions, and should the Contract be terminated for that reason, then the earnest money shall be refunded promptly to the Buyer, the Seller shall reimburse the Buyer for the cost of a survey paid for by Buyer, but only if, the survey disclosed a title defect that cannot be corrected within the time provided above, and all parties shall be released from any further obligation. 14. DEED AND DOCUMENTS FOR CLOSING: Seller shall pay the cost of preparing the Deed, Affidavit of No Liens, other Seller-related documents necessary for closing, and its own closing costs. Buyer shall pay their own recording costs, taxes, fees, and closing expenses. Each party hereto shall be responsible for paying its own legal fees incurred under this Contract whether or not closing occurs. 15. INSPECTIONS: Any inspections, treatments or requirements from inspections shall be the sole responsibility of the Buyer. 16. PHYSICAL CONDITION OF PROPERTY: The Buyer accepts the above described property in its present existing condition without warranty, expressed or implied, by the Seller or the Listing or Selling Broker. The Buyer has carefully examined the premises and the improvements (if any) located thereon, and understands that the purchase price was bid after consideration of any and all possible defects in said real estate and the improvements thereon, and further acknowledges that the property is being purchased “as is”; that there have been no express warranties other than those of good and merchantable title; and that Buyer is relying on his or her inspection of the premises as to its condition and not upon any representation or lack thereof by Seller or Seller’s agent. Buyer further agrees that upon possession or closing, whichever occurs first, Buyer waives any and all claims against Seller or Seller’s agent of any nature relating to this transaction. PURCHASE IS NOT CONTINGENT ON FINANCING. 17. REPRESENTATIONS AND RECOMMENDATIONS: Seller certifies to the best of its knowledge there are no known environmental hazards or defects on the real estate being purchased. In the event Buyer desires to obtain an environmental study, he shall do so at his expense and furnish proof of any environmental hazards or defects to Seller ten days prior to closing. In the event of proof of an environmental hazard or defect, Seller shall have the right to correct same within a reasonable time or to cancel this contract. If cancellation is elected, the earnest deposit shall be returned to Buyer. The escrow agent is hereby authorized to release to Seller all monies paid in connection with this transaction as soon as the title is approved by Buyer, and the escrow is closed, less any expense in connection with this sale. 18. INTERIM MAINTENANCE: Subject to paragraph 7, Seller agrees to deliver possession of the Property in a like or better condition than it is now, reasonable wear and tear excepted. 19. LIENS: Seller represents and warrants that there are no unpaid (whether recorded or not) chattel mortgages, conditional sales contracts, financing statements, or security agreements affecting any fixture, portion of the Property or item of personal property covered by this Contract. Any existing liens which the Seller is required to remove under this Contract may be paid and discharged from the sale proceeds at the closing. 20. BROKERAGE FEES: The party handling the closing is hereby authorized and directed to collect and disburse the brokerage fees and advertising/marketing fees, if any, at closing. 21. ALTERATIONS: Any alteration of the terms and conditions of this Contract must be agreed to in writing by both Buyer and Seller. Ebbesson

22. NOTICE TO BUYER REGARDING MEGAN’S LAW: AS 12.63.010 requires the registration of sex offenders residing with the State of Alaska. Under AS 34.70.050, Buyer is independently responsible for determining whether a person who has been convicted of a sex offense resides in the vicinity of the property that is the subject of the Buyer’s potential real estate transaction. This information is available at the following locations: Alaska State Troopers Posts, Municipal Police Departments, and on the internet site: www.dps.state.ak.us under “Registry of Sex Offenders.” 23. HEIRS AND ASSIGNS: This Contract shall inure to the benefit of, and be fully binding upon the Seller, their heirs, executors, administrators, successors, and assigns. No assignment shall serve to release or relive the party assigning from any responsibilities or obligations hereunder. 24. TAX DEFERRED EXCHANGE: Seller and Buyer acknowledge that either party may wish to structure this transaction as a tax deferred exchange of like-kind property within the meaning of Section 1031 of the Internal Revenue Code. Each party agrees to reasonably cooperate with the other party to effect such an exchange; provided, however, that (1) the cooperating party shall not be required to acquire or take title to any exchange property, (2) the cooperating party shall not be required to incur any expense or liability whatsoever in connection with the exchange, (3) no substitution of the effectuating party shall release said party from any of its obligations, warranties, or representations set forth in this Contract or from liability for any prior or subsequent default under this Contract by the effectuating party, its successors, or assigns, which obligations shall continue as the obligations of a principal and not of a surety or guarantor, and (4) the effectuating party shall not delay the closing as set forth in Paragraph 6, (5) the effectuating party shall be responsible for preparing all additional agreements, documents, and escrow instructions required by the exchange, at its sole cost and expense. 25. DEFAULT: If Buyer defaults hereunder, Seller may retain the Deposit and may also pursue such remedies as are available to Seller at law or in equity, including, without limitation, an action for specific performance. If Seller defaults hereunder, Buyer’s sole remedy shall be the return of the Deposit (less any accrued interest) and the Buyer expressly and unconditionally waives and releases any other claim, demand injury, or cause of action, whether at law or in equity. 26. AGREEMENT APPROVAL: This Contract constitutes the entire agreement between the parties and supersedes any previously executed contracts and representations, verbal or written. Neither this Contract, nor any interest herein, shall be transferred or assigned by Buyer without the prior written consent of Seller. 27. MISCELLANEOUS:

__________________________________________________________________________________

__________________________________________________________________________________________________ _____________________________________________________________________________________________

NOTE: “Acceptance”, unless otherwise agreed to in writing, is defined as the latest dated signature or initials which resulted in a final agreement between the parties. SELLER hereby authorizes Closing Agent to obtain payoff information from SELLER’S Lender. THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. BROKER RECOMMENDS TO BUYER AND SELLER TO RETAIN INDEPENDENT LEGAL COUNSEL TO ANSWER ANY LEGAL QUESTIONS INVOLVED IN ANY REAL ESTATE TRANSACTION.

Ebbesson

IN WITNESS WHEREOF, said parties hereunto subscribe their names.

Buyer ______________________________________________

Seller ______________________________________________

Print Name _________________________________________

Last Four Digits of Social Security # ______________________

Date ____________________ Time _____________________

Buyer ______________________________________________

Seller ______________________________________________

Print Name _________________________________________

Last Four Digits of Social Security # ______________________

Date ____________________ Time _____________________

Ebbesson

TRACT

DESCRIPTION/LEGAL

SELLER INITIALS

BUYER INITIALS

363.34± Acres w/38.9± Acres Cleared – Includes cabin, sauna, insulated barn, generator

___________

____________

198.35± Acres w/20.4± Acres Cleared

____________

233.8± Acres w/60.7± Acres Cleared

_____________

____________

199± Acres w/83.1± Acres Cleared

_____________

140.09± Acres

_____________

Ebbesson

TERMS AND CONDITIONS OF SALE RESTRICTIONS: Subject only to (1) all City, County, and State laws, ordinances and regulations and (2) any easements, encumbrances, and restrictions applicable to the Property. Seller is placing no restrictions on the property. UTILITIES: United Country-Theurer Auction/Realty, LLC, nor the seller guarantees the availability of utilities, public or private. This consists of but is not limited to: wells, septic tanks, access to public utilities or any hookup fees therewith. Confirmation of utility availability is the bidder’s sole responsibility. BUYER’S PREMIUM: A 3% Buyer’s Premium will be added to the High Bid to determine Contract Purchase Price. EARNEST DEPOSIT: Earnest Money in the amount of 10% of the Purchase Price is due on Auction Day and upon signing the Purchase Contract. The deposit can be paid in the form of Personal or Business Check, Cash, Cashier Check. Your deposit is Non-Refundable. TITLE/CLOSING COSTS: Seller and Buyer shall share equally in the cost of owner’s title insurance and escrow closing. Preliminary Title insurance has been prepared by Yukon Title, Fairbanks, Alaska, and will be updated with Buyer information prior to closing. Buyer is responsible for cost of lender’s policy. TITLE EVIDENCE/DEED: Seller will deliver to Buyer an insurable deed for the Property at time of closing, conveying clear and marketable title of surface rights to said Property, free of all encumbrances, liens and judgment, except for those lawful conveyances and restrictions that exist on record before the date of the auction, as noted in the title insurance commitment. SURVEY: Property is being sold as per the legal description. Any survey required by lender shall be at the expense of the Buyer. POSSESSION: Possession of the hunting land will be day of auction. If property sells as one parcel (all land and equipment), Buyer shall receive possession day of Auction (includes the crop). If property sells in separate parcels, possession of the potato farm and equipment will be after harvest of 2014 potatoes. MINERALS: All Seller-owned mineral interest shall be conveyed to Buyer at closing. Land is not currently leased for oil or gas. TAXES: Buyer shall be responsible for any future real estate taxes. PROPERTY SOLD “AS IS, WHERE IS, WITH ALL FAULTS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND: The real property shall be sold subject to conditions, restriction, right-of-way easements, and reservations, if any, of record, filed and unfiled mechanic’s and materialmen’s liens, if any, and all other matters of record taking priority, subject to the rights, if any, of tenants-in-possession, and further subject to all conditions announced at the sale; and confirmation of the seller. Announcements made day of auction take precedence over previously printed material and oral statements. FOR THE LIVE AUCTION: Bidders must present a photo identification in order to obtain a Bidder’s Number. The high bidder will execute a Contract for Sale of Real Estate and provide a binding deposit of 10% of the Purchase Price. CLOSING: Buyer must close sale of real property on or before November 1, 2013. TIME IS OF THE ESSENCE. The entire purchase price must be paid by Cashier/Certified check or wired funds at closing. No purchase is contingent on financing. Buyer is entitled to a deed for property upon full payment. Buyers should have all tests and inspections completed prior to the date of the auction. Only the Purchase Contract shall set forth Seller’s obligations to the successful Bidder.

ADDITION OR WITHDRAWAL FROM SALE; CONDITION OF SALE: All bids are subject to Seller approval and the tracts are being offered for sale with that reservation. The Auctioneer reserves the right to cancel the auction up to the time prior to the commencement of bidding. If a subsequent survey by the Buyer shows a greater or lesser number of acres or square footage this will not affect the purchase or purchase price. AGENCY: The Broker/Auctioneer is acting as agent for the Seller only. During bidding, the Auctioneer has the right to reject any raise that in his opinion is not commensurate with the property value. In the event of any dispute after the sale, United Country-Theurer Auction/Realty’s record of final sale shall be conclusive. All information and materials provided by Auctioneer is subject to inspection by all appropriate parties and the Auctioneer assumes no liability for its accuracy, errors, or omissions nor its agents, the Seller or its agents. Prospective bidders should independently verify any information being materially relied upon in making a purchasing decision. LIQUIDATED DAMAGES: Buyer will forfeit all of their deposit if they cannot close within the stated time herein and no written extension has been granted by the Seller. If such action occurs, United CountryTheurer Auction/ Realty, LLC, hereby has the right to disperse the deposit as stated in the listing agreement and the Buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost, and additional cost of auction as not defined in this agreement. These liquidated damages do not restrict the seller from suing the Buyer for performance damages and/or any additional damages the seller suffers by the default of the Buyer. ARBITRATION: For disputes that are not resolved by the parties within 10 days after either party gives notice to the other of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules. Judgment upon the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have no power to change the provisions of this Agreement. The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five years. BUYER’S NOTE: Individual purchases are to be considered as singular transactions not contingent on the sale of other properties or tracts. United Country-Theurer Auction/Realty, LLC, reserves the right to offer the property in individual tracts, combination of tracts, as a whole or in any way that we see fit in order for it to bring the most money for the owner. The sale of combinations supersedes the sale of individual tracts. The decision of the Auctioneer is final. Seller and United Country-Theurer Auction/Realty, LLC, reserve the right to amend any terms and conditions prior to or during the auction. BIDDER’S DUTY TO INSPECT: All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the seller, the auctioneers, or any other person or entity. Personal onsite inspection of all property by potential bidders is strongly recommended. All sales are subject to the conditions and terms contained herein. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of way, or any other information that can be obtained as public record in the county courthouse or any municipal office concerning subject properties. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information. Please note that you are bidding to purchase the Property “As Is, Where Is” with no guarantee or warranty. United Country-Theurer Auction/Realty, LLC, and its agents represent the Seller and their fiduciary duties of loyalty and faithfulness are owed to their client (the Seller).

EQUIPMENT (Parcel 7)                  

1997 JD 5400 diesel tractor w/540 loader, Ser #L25400E641349 1986 IHC 1086 diesel tractor 1978 JD 401 diesel tractor, Ser #4202BT01 Caterpillar forklift, propane, Model V40 JD 2-row potato planter, Model 216, Ser #001362N 2 Row “L” Windrower, 28 mm, Ser #25403 ASA-List single row potato harvester, Model KT-100 Mayo Potato Roller/sizer Custom made box tipper Ekko EM1310 washing machine Ekko EM 1120 Feeder/Hopper Pickup equipment F-Onion, Ser #39089 MS 3000 Prof Blate w/extra blate, Ser #783-980700273 U-4000 Timberwinch, Motor & Cables, Ser #125310 IHC 18’ Disc Woodmizer LT 1S Sawmill, Ser #04011840 Approx 100 wooden potato storage crates Asstd trailers, fuel tanks, misc tools

BILL OF SALE – PERSONAL PROPERTY IN CONSIDERATION of the sum of $_____________), and all other considerations, the receipt of which consideration is acknowledged, Sven Ebbesson and Barbara Ebbesson, d/b/a Ebbesson Farms, (the ‘Seller’), SELLS AND DELIVERS to _______________________________________________________ (the ‘Purchaser’) the following personal property (the ‘Personal Property’) located at 317 S Parks Highway, Nenana, Alaska: • • • • • • • • • • • • • • • • • •

Possession of the Personal Property shall be _____________________________________________________

DATED THIS _____ day of ______________________, 2013.

SELLER

BUYER

______________________________________ SVEN EBBESSON

_______________________________________

______________________________________ BARBARA EBBESSON

_______________________________________