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201203748 Section 1.4 Purpose. This Deed of Trust and the Obligations are executed and incurred for business or agricultural purposes and not for personal, household or family purposes. Section 1.5 Future Advances and Expenses. This Deed of Trust also secures the repayment of all Advances that Beneficiary may extend to Grantor under the Loan Agreement and the other Credit Documents. In addition this Deed of Trust secures the repayment of all amounts expended by Beneficiary to perform Grantor's covenants under this Deed of Trust or maintain, preserve, or dispose of the Mortgaged Property, together with interest thereon from date of expenditure until repaid. Section 1.6 Advances. This Deed of Trust is subject to the terins of the Loan Agreement, which is a loan agreement between Grantor and Beneficiary. Grantor acknowledges that the Loan will be used in part for the purchase of the Property, and, therefore, Lender may impose any reasonable restrictions or conditions in order to insure that this Deed of Trust remains senior in priority to all other liens and encumbrances, including, but not limited to mechanics' and materialmen's liens. The Loan represented by the Credit Documents matures on the dates indicated in the recitals above. The Promissory Note and Loan Agreement requires Grantor to make payments to Beneficiary on the terms provided therein. ARTICLE 2 - REPRESENTATIONS, WARRANTIES AND COVENANTS Section 2.1 Grantor represents, warrants, and covenants as follows: (a) Payment and Performance. Grantor will make due and punctual payment of the Obligations. Grantor will timely and properly perform and comply with all of the covenants, agreements, and conditions imposed upon it by this Deed of Trust and the other Credit Documents and will not permit a default to occur hereunder or thereunder. Time shall be of the essence in this Deed of Trust. (b) Title and Permitted Encumbrances. Grantor has, in Grantor's own right, and Grantor covenants to maintain, good, valid and merchantable title to the Mortgaged Property, free and clear of all liens, charges, claims, security interests, and encumbrances except for Permitted Encumbrances. Grantor, and Grantor's successors and assigns, will warrant and forever defend title to the Mortgaged Property, subject as aforesaid, to Beneficiary against the claims and demands of all persons claiming or to claim the same or any part thereof. Grantor will punctually pay, perform, observe and keep all covenants, obligations and conditions in or pursuant to any Permitted Encumbrance and will not modify or permit modification of any Permitted Encumbrance without the prior written consent of Beneficiary. Inclusion of any matter as a Permitted Encumbrance does not constitute approval or waiver by Beneficiary of any existing or future violation or other breach thereof by Grantor, with respect to the Mortgaged Property or otherwise. No part of the Mortgaged Property constitutes all or any part of the homestead of Grantor. If any right or interest of Beneficiary in the Mortgaged Property or any part thereof shall be endangered or questioned or shall be attacked directly or indirectly, Beneficiary (whether or not named as a party to legal proceedings with respect thereto) is hereby authorized and empowered to take such steps as in its discretion may be proper for the defense of any such legal proceedings or the protection of such right or interest of Beneficiary, including Bolton Farm - Loan 195618 Page 5 of 31 JM MDAI 1095245 v1 0-0 05/03/2012