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201200105 <br />require Borrower to make arrangements satisfactory to Lender to replace such improvements with improvements of <br />at least equal value. <br />Borrower will maintain the fann during the time this Deed of Trust remains in effect, in as good as <br />condition and repair as was when this instrument was executed, or is later improved. Additionally, Borrower shall <br />operate and maintain the farm real estate in an efficient and husband-like manner, and will do tillage, seeding, <br />cultivating, and harvest at the proper time and in the proper manner. Borrower shall also keep in good repair all <br />grass, waterways, terraces, and open ditches. <br />6. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />7. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender. <br />8. BORROWER NOT RELEASED; FOREBEARANCE BY LENDER NOT A WAIVER. Extension of <br />the time for payment or modification of amortization of the sums secured by this Security Instrument granted by <br />Lender to Borrower or any successor in interest of Borrower shall not operate to relea�e the liability of th� original <br />Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any <br />successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums s�cured by <br />this Security Instrument by reason of any demand made by the original Borrower or Borrower's suc�essors in <br />interest. Any forebearance by Lender in exercising any right or remedy, shall not be a waiver of or pr clude the <br />exercise of any right or remedy. <br />9. DEFAULT. That, if the Borrower defaults in any of the covenants or agreements contained h�rein or in <br />performance of the Promissory Note(s) secured hereby, then the Beneficiary may perform the same and that all <br />expenditures made by Beneficiary in so doing shall draw interest at the rate provided in the Promissory N te(s) and <br />shall be repayable by Borrower to Beneficiary and, together with interest and costs accruing thereon shall be <br />secured by this Deed of Trust. <br />lO.ACCELERATION UPON DEFAULT. If the Borrower defaults in the payment of any ins lment of <br />principal or interest due under said Promissory Note(s) or if the Borrower defaults in the performance of any other <br />covenant or agreement to be performed under said Promissory Note(s) or this Deed of Trust, or if a trustee� receiver <br />or liquidator of the Property or of Borrower shall be appointed, or any of the creditors of Borrower s all file a <br />petition in bankruptcy against Borrower, or for the reorganiz.ation of Borrower pursuant to the Federal B ptcy <br />Code or any similaz law, whether federal or state, and if such order or petition shall not be dischazged or ismissed <br />within thirty (30) days after the date on which such order or petition was filed, or. Borrower shall file � petition <br />pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or if Borrower shall be �judged a <br />bankrupt, or be declared insolvent, or shall make an assignment for the benefit of creditors, or shall admit iln writing <br />its inability to pay its debts as they become due, or shall consent to the appointment of a receiver of all or y part of <br />the property, or if any representation or warrant made by Borrower on any financial statements or reports�ubmitted <br />to Lender by or on behalf of Borrower shall prove false or materially misleading, or if Borrower is a corpbration or <br />partnership and more than fifty percent (50%) of the shares or beneficial interests in such corporation or p ership, <br />as the case may be, shall be transferred or conveyed, whether voluntarily or involuntarily, without th written <br />consent of Lender being first had and obtained. <br />Upon the occurrence of any of the above described defaults, or anytime thereafter, Beneficiary u�ay, at its <br />option, declare all the indebtedness secwed hereby immediately due and payable and the same shall bear i�nterest at <br />the default rate, if any, set forth in the Note, or otherwise at the highest rate permitted by law, and, irres ective of <br />whether Beneficiary exercises said option, it may, at its option and in its sole discretion, without any er notice <br />or demand to or upon Trustor, do one or more of the following: (a) Beneficiary may enter upon, take poss ssion of, <br />manage and operate the Property or any part thereof, make repairs and possession, in its own name, s e for or <br />otherwise collect and receive rents, issues and profits, including those past due and unpaid, and apply the s e, less <br />costs and expenses of operation and collection, including reasonable attomey fees and Beneficiary's costs, upon the <br />indebtedness secured hereby and in such order as Beneficiary may determine. The entering upon d taking <br />possession of the Property, the collection of any rents, issues and profits, and the application thereof as foresaid, <br />shall not cure or waive a.ny default theretofore or thereafter occurring, or affect any notice of default or nori e of sale <br />hereunder or invalidate any act done pursuant to any such notice. Beneficiary may bring any action in an}� court of <br />competent jurisdiction to foreclose this Deed of Trust or enforce any of the covenants hereof and Benefi iary may <br />elect to cause the Property or any part thereof to be sold under the power of sale, and in such event, Benefi iary may <br />elect to cause the Properiy or any part thereof to be sold under the power of sale, and in such event, Bene ciary or <br />Trustee shall give such notice of default and notice of sale as may be then required by law. I <br />11. POWER OF SALE. That the Borrower hereby confers upon the Trustee a power to sell the property <br />which the Trustee may exercise and under which the property may be sold in the manner provided by la . At the <br />option of the beneficiary, this Deed of Trust may be foreclosed in the manner provided by law for the fore�losure of <br />mortgage on real property. That, if a sale of th� prc�perty� hy the Trustee is exercised under this power o sale, the <br />proceeds. shall be applied first to the payment of the costs and expenses of exercising the power of sale, including the <br />fee of the Trustee in an amount not to exceed two per cent (2%) of the sale price then to the payment of the <br />obligation secured by the Deed of Trust and the balance, if any, to the person or persons legally enritled thereto. <br />12. ACCELERATION IN TI� EVENT OF TRANSFER. In the event the title to the said real estate is <br />transferred, or contracted to be transferred, from the undersigned for any reason or by any method whatsoever, the <br />entire principal sum and the accrued interest shall at once become due and payable at the election of the Beneficiary. <br />Failure to exercise this option because of transfer of title as above stated in one instance shall not constitute a waiver <br />of the right to exercise the same in the event of any subsequent transfer. <br />13. DUTIES OF TRUSTEE. Borrower agrees that: (a) Duties and obligations of Trustee shall be <br />determined solely by the express provisions of this Deed of Trust and Trustee shall not be liable except for the <br />performance of such duties and obligations as are specifically set forth herein, and no implied covenants or <br />obligations shall be imposed upon Trustee; (b) No provisions of this Deed of Trust shall require Trustee to expend <br />or risk its own funds, or otherwise incur any fmancial obligation in the performance of any of its duties hereunder, <br />or in the exercise of any of its rights or power; (c) Trustee may consult with counsel of its own choosing and the <br />advice of such counsel shall be full and complete authorization and protection in the respect of any action taken or <br />