820682_Waste Utilization Plan_20230606

NUTRIENT UTILIZATION PLAN AMENDMENT
Grower(s): Murphy Brown, LLC
Farm Name: Stafford Farm Facility 82-682
County: Sampson
Farm Capacity:
Farrow to Wean 4878
Farrow to Feeder
Farrow to Finish
Wean to Feeder
Wean to Finish
Feeder to Finish
Storage Structure: Anaerobic Lagoon
Storage Period: >180 days
Application Method: Irrigation
All fields listed as "Optional" in the NUP or fields shown in an amendment may
be planted and applied to as shown in the NUP/Amendment or they may have
no crop and no appliction of waste. These fields may also be planted in any
crop not shown as long as there is no waste application. Application to the
field on the following table will be made using an Aerway machine.
Owner/Manager Date
Technical Specialist Date

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LAND APPLICATION AGREEMENT
THIS LAND APPLICATION AGREEMENT(the "Agreement") is made this 1 I th day of
August, 2022(the"Effective Date") by and between Douglas Horne(the"'Lessee") and Murphy Brown
LLC,a North Carolina limited liability company(the "Lessor").
RECITALS:
A. Applicator owns certain real property (as more particularly described on Exhibit A
attached hereto,the"Lessor'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 Lessor's Land (the
"Effluent")by applying the same over nearby farm land; and
B. Lessee 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 the Annual Fee and other good and valuable consideration, the receipt
and sufficiency ofwhich are acknowledged, and ofthe premises, mutual covenants and conditions in this
Agreement, Landowner and Applicator(the"Parties")agree as follows:
1. GRANT. Subject to the terns and provisions of this Agreement, and during the term
hereof,Landowner grants to Lessor,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 terns of this
Agreement and the Governing Law.
2. TERM; AUTOMATIC EXTENSION; EARLY TERMINATION. The term of this
Agreement(" erm") shall be for a(1)year period being referred to as a"Term". Unless either of Lessee
or Lessor gives Notice to the other party at least ninety(90)days prior to the expiration of the Initial Term
(or any applicable Extension Period)of its desire to terminate this Agreement
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. Lessorshall coordinate with Lessee 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 Lessor's operations and need for
disposal of the Effluent from Lessor's Land, including Applicator's need to apply Effluent, including
compliance with any Governing Law.
5. RECOGNITION OF EFFLUENT COMPONENTS.Lessee understands and agrees that
(a) the Effluent contains nitrogen, phosphorous, and other trace elements and should not harm Lessee'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, Lessor 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. 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):
Lessee: Douglas Horne
1341 Lamb Rd
Garland,North Carolina 28441
LESSOR: 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.
9. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the parties hereto.
10. COUNTERPARTS. This Agreement may be executed in duplicate counterparts,each of
which shall be deemed an original.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date last
written below.

LESSEE: LESSOR:
Murphy Brown LLC,
Name: Doug Horne a North Carolina limited liability company
Date: 8/11/22 Name: Michael Norris
Title: Environmental Systems Manager
Date. 8/11/22
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StaffordEXHIBIT A
Lessor's Land
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EXHIBIT B
Farm Land
16.5 acres + or-
Doug Horne Legend
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StaffordEXHIBIT A
Lessor's Land
Exhibi A Lessors land
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EXHIBIT B
Farm Land
16.5 acres+or-
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