090086_Waste Utilization Plan_20210315

NUTRIENT UTILIZATION PLAN AMENDMENT
Grower(s): Murphy Brown, LLC dba Smithfield Hog Production
Farm Name: Farm 2602-1: AWS090086
County: Bladen
Farm Capacity:
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Wean to Feeder
Feeder to Finish
Wean to Finish
Gilts
Boars
2400
Storage Structure:
Storage Period:
Application Method:
Anaerobic Lagoon
>180 days
Irrigation
This amendment allows the producer to apply to the leased land of Barry Morris. The fields, crops
and application information is listed in the attached table and shown on the attached maps.
This amendment shall be attached to the farms' current NUP.
Owner/Manager
Date
Technical Specialist Date

Reception Area Specifications Barry Morris - Leased Land
Total lbs N
Utilized
O O
N 10
u1 (`]
N cc,V
c0 CO
No
CO 0
N 10,
<`)
V 0
V ,
in
r
h
CO
_ <
Y Z
1- N
a
0 Co10
O O
W 0
7
M CO
0
N O
V c0
n
N
2nd Crop Time to 2nd Crop 2nd Crop Lbs N/Ac Lbs N Total Ibs N
Code Apply Yield Ibs N/Unit Residual /Ac Utilized
240.00
225.00
810.00
0.00
O
O
h
n
N
F
O O
O O
O O
u)
O 0
o 0
O
1f) 0
o O
N 10
O
1f)
a O.
Q
a a
a) a)
0)(.00
aL
Q
a
a)
Y
Tract Field Irrigated Soil 1st Crop Time to 1st Crop 1st Crop Lbs NIAc Lbs N Total Ibs N
Acreage Type Code Apply Yield Ibs NlUnit Residual /Ac Utilized
1435.20
1138.50
3632.85
1035 00
10
u)
a
N
t\
O 0
O 0
G) c7
O In
N N
u) 0
N O
V a0
N C)
N .-
V CO
ul
V •
co
N u7
c0 u)
u) O
c0 cr)
0) 0)
a) v
0
(0 (0
Mar -Sept
Aug -July
O U
o 2
O
O N
N
a
o m
0
O
(DN
_o N
o
o m
0
0 0
CO u7
V Ti
0
(V u)
� f----
C = Bermudagrass Hay
B = Bermudagrass Grazed
L = Overseed Hay
K = Grazed Overseed
0
0
0M')
N
2 2
m m
C) a
2 2
m m
r
a)
Morris
Morris
tn o
--
o O
N
II
a
w
ti

LAND APPLICATION AGREEMENT
THIS LAND APPLICATION AGREEMENT (the "Agreement") is made as of this a day
of Feb , 2021 (the "Effective Date") by and between Ivry femme ("Landowner")
and MURPHY-BROWN, LLC, a Delaware limited liability company (the "Applicator").
RECITALS:
A. Applicator owns certain real property (as more particularly described on Exhibit A
attached hereto, the "Applicator's Land") where it conducts farming activities that contribute to the raising
and production of livestock, including, but not limited to, the feeding, care, and management of livestock,
mortality management, the planting, raising, and harvesting of crops, and has a need to remove nutrient -
rich effluent from the waste utilization system in place upon all or a portion of Applicator's Land (the
"Effluent") by applying the same over nearby farm land: (which could be- crop land, hay fields, and/or
grazed pastures.)
B. Landowner owns, or has transferable rights to, the farm land described in Exhibit B
attached hereto (the "Farm Land"), and wishes to have the Effluent applied over said Farm Land pursuant
to the terms and conditions hereof.
For and in consideration of other good and valuableconsideration, the receiptandsufficiencyof
which are acknowledged, and of the premises, mutual covenants and conditions in this Agreement,
Landowner and Applicator (the "Parties") agree as follows:
1. GRANT. Subject to the terms and provisions of this Agreement, and during the term
hereof, Landowner grants to Applicator, and any of its authorized employees, contractors, or agents,
permission to enter upon the Farm Land to apply, free of charge to Landowner, the Effluent upon the Farm
Land. Such application of the Effluent shall be completed in the manner and process as consistent with the
terms of this Agreement and the Governing Law.
2. TERM; AUTOMATIC EXTENSION; EARLY TERMINATION. The term of this
Agreement ("Term") shall commence on the Effective Date and shall expire on December 31, •26.13 (the
"Initial Term"). Provided that there is no uncured default of this Agreement upon expiration of the Initial
Term, Applicator may, upon written notice to Landowner, elect to extend the Initial Term for an additional
one (1) year period (the "Extended Term") on the same terms and conditions as the Initial Term. In such
event, the Extended Term shall become part of the Term. Notwithstanding the foregoing, Applicator has
the unilateral right to terminate this Agreement at any time by delivering to Landowner a notice of
termination at least ninety (90) days prior to the desired date of termination (an "Early Termination
Notice").
3. PAYMENT OF FEE. There will be no payment, but the Landowner will gain the fertilizer
value of the Effluent Applied.
4. APPLICATION OF EFFLUENT. Applicator shall coordinate with Landowner with
respect to the timing of the application of the Effluent upon the Farm Land. The Parties agree to work in
together in good faith to schedule Effluent application on dates and at times that do not unreasonably
interfere with the operation or use of the Farm Land, nor which disrupt or negatively impact Applicator's
operations and need for disposal of the Effluent from Applicator's Land, including Applicator's need to
apply Effluent, including compliance with any Governing Law.
1

5. RECOGNITION OF EFFLUENT COMPONENTS. Landowner understands and
agrees that (a) the Effluent contains nitrogen, phosphorous, and other trace elements and should not harm
Landowner's land or crops; (b) the Effluent's application on the Farm Land may reduce Landowner's needs
for commercial fertilizer; and (c) nitrogen and other nutrient limitations exist based on an individual farm
waste utilization plan under Governing Law ("Plan"). After the completion of Effluent application,
Applicator shall provide Landowner report showing a nitrogen total of animal waste derived nutrients vs.
remaining nutrients as allowed in the Plan.
6. INDEMNIFICATION. Each party shall indemnify and hold the other harmless against
any claim of liability or loss from personal injury or property damage resulting from or arising out of a
breach of any representation made in this Agreement, or the negligence or willful misconduct of the
indemnifying party, its employees, contractors or agents, except to the extent such claims or damages may
be due to or caused by the negligence or willful misconduct of the other party, or its employees, contractors
or agents.
7. GOVERNING LAW. This Agreement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws and rules of the State in which the Farm Land is located
"Governing Law").
8. ASSIGNMENT AND SUBLEASE. This Agreement may not be sold, assigned or
transferred without the written consent of Landowner, which such consent will not be unreasonably
withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of
Applicator or transfer upon partnership or corporate dissolution of Applicator shall constitute an assignment
hereunder.
9. TAXES. Landowner shall be responsible for all county and state property taxes due on the
Farm Land.
10. MEMORANDUM OF LEASE. Either party, upon written request of the other, shall join
in the execution of a Memorandum of Lease in proper form for recording or filing in the office of the
register of deeds of the county in which the Farm Land is located, which Memorandum shall set forth the
existence of terms of this Lease, and such other terms as the parties may mutually agree upon
11. NOTICES. All notices hereunder ("Notices") must be in writing and shall be deemed
validly given if sent by certified mail, return receipt requested or by overnight commercial courier,
addressed as follows (or any other address that the Party to be notified may have designated to the sender
by like Notice):
LANDOWNER: /3cU y Mahrt
C II •1/6 14,47 W
Ocv- Casto1 •/C 21W/
%o-380-- g/P-8'
2

APPLICATOR: c/o Murphy -Brown LLC
2822 Hwy. NC-24 West
Warsaw, North Carolina 28398
Attn: Real Estate Department
with copy to:
Smithfield Foods, Inc.
200 Commerce Street
Smithfield, Virginia 23430
Attn: Legal Department
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant
to the foregoing.
12. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the parties hereto.
13. COUNTERPARTS. This Agreement may be executed in duplicate counterparts, each of
which shall be deemed an original.
14. ENTIRE AGREEMENT. This Agreement represents the entire agreement and
understanding of the Parties hereto and supersedes all prior agreements and understandings relating to the
subject matters in this Agreement. This Agreement may be modified only by an agreement in writing
executed by the Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date last
written below.
L WNER: IFr)/ ,1O41-?
Name:
Date:
2 .2t-7/
APPLICATOR:
MURPHY-BROWN, LLC,
a Delaware limited liability company
By:
Name:
Title:
Date:
"Mee evdd
Zc P1°g%e
3