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201203748 If to Grantor: Merrick County Farm LLC C/O Agricultural Company of America 266 Southwoods Centre Columbia, IL 62236 If to Lender: Metropolitan Life Insurance Company Agricultural Investments 2203 E. Empire Street, Suite A Bloomington, Illinois 61704 Attention: Greg G. Gallaway, Regional Director ARTICLE 7 - NON-UNIFORM COVENANTS Section 7.1 Request for Notices. Each party to this Deed of Trust requests that a copy of any notice of default or any other notice of sale or any other notices that may be given pursuant to this Deed of Trust or otherwise be sent to the party at the address set forth herein, as provided by Nebraska Trust Deeds Act. Section 7.2 Indemnification of Trustee. Except for gross negligence and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Grantor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its duties hereunder. Section 7.3 Actions by Trustee. At any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and the Note for endorsement, and without affecting the personal liability of any person for payment of the Secured Indebtedness or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may take such actions as Beneficiary may request and which are permitted by this Deed of Trust or by applicable law. Section 7.4 Substitution of Trustee. Beneficiary has the power and shall be entitled, at any time and from time to time, in its sole discretion and without cause, to remove Trustee or any successor trustee and to substitute and appoint another trustee or trustees (either corporate or individual) in the place and stead of Trustee or any successor trustee, by written instrument duly executed and recorded in the Office of the county recorder of the county or counties where the Mortgaged Property is situated, which instrument shall be conclusive proof of the proper substitution and appointment of such successor trustee or trustees, who shall have all the rights, title, estate, powers, duties and privileges of the predecessor trustee, without the necessity of any conveyance from such predecessor. Section 7.5 Waiver of Jury Trial TO THE FULLEST EXTENT PERMITTED BY LAW, BORROWER AND LENDER HEREBY WAIVE TIIEIR RESPECTIVE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING AND/OR HEARING ON ANY MATTER WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, Bolton Farm - Loan 195618 JM MDAI 1095245 v1 0-0 05/03/2012 Page 30 of 31