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201508860
<br />lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail.
<br />Trustor will obtain and keep flood insurance in force to cover losses by flood as required by Lender and
<br />by the National Flood Insurance Act of 1968, as amended, and by regulations implementing the same.
<br />Trustor further agrees that Lender is not and will not be liable for any failure by Trustor or by any
<br />insurer, for whatever reason, to obtain and keep this insurance in force. Trustor shall give written notice
<br />to Lender immediately of any cancellation, termination or material modification of any such insurance. If
<br />Trustor fails to maintain the coverage described above, Lender may, at Lender's option, obtain
<br />coverage to protect Lender's rights in the Property according to the terms of this Trust Deed.
<br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on
<br />the Real Property occupied and in good repair, maintenance, and condition and to neither commit nor
<br />permit any acts of waste or any impairment of the value of the Property. Trustor shall not remove or
<br />demolish any improvement without prior written approval of the Lender. Trustor shall give immediate
<br />notice to Lender of any material damage to or construction on or related to any of the Property. Lender
<br />may enter upon the Real Property to inspect the same or to perform any acts authorized herein or in the
<br />Loan Documents. Any inspections, reports or samples conducted by Lender shall be for their own use
<br />and benefit, and Lender shall not be required to disclose the results of any inspections to Trustor for
<br />any reason, regardless of whether Lender has done so on any other occasion unless Lender agrees to
<br />do so in a separate writing. Trustor is responsible for monitoring, preserving and inspecting the Property
<br />independently of Lender, and Lender makes no representation, statement or warranty regarding the
<br />accuracy of any inspection, reports or statements related to the Property's condition, quantity, or quality
<br />of any nature, and Trustor agrees it shall not rely upon statements related thereto made by a
<br />representative of Lender.
<br />4. That Trustor is, and shall continue to be, duly organized, validly existing and legally qualified to do
<br />business under the laws of the states in which Trustor operates, in compliance with federal, state and
<br />local laws or regulations, and have legal authority in such states to conduct Trustor's business
<br />operations and to own agricultural real estate. No change has been made in the name, ownership,
<br />control, relationship, legal status, or organizational and formation documents of any undersigned since
<br />the time any such information was last provided to Lender. Any borrowing resolution or similar
<br />document provided to the Lender, whether on Lender's form or otherwise, has been executed by all
<br />those with an ownership interest in the Trustor's entity and such designated signor as set forth in the
<br />borrowing resolution is duly authorized to execute any and all Loan Documents on behalf the entity,
<br />including this trust deed.
<br />5. All known sources of existing or potential environmental contamination on or near any Real Property
<br />owned or operated by Trustor has been fully disclosed to Lender; the operations of Trustor comply, and
<br />during the term of this trust deed will at all times comply in all respects, with all environmental laws;
<br />Trustor has obtained and will maintain all licenses, permits, authorizations and registrations required
<br />under any environmental law and necessary for its ordinary course operations, all such environmental
<br />permits are in good standing, and Trustor is in compliance with all material terms and conditions of such
<br />environmental permits; neither Trustor nor any of its present Property or operations is subject to any
<br />outstanding written order from or agreement with any governmental authority or subject to any judicial
<br />or docketed administrative proceeding, respecting any environmental law, environmental claim or
<br />hazardous material; there are no hazardous materials or other conditions or circumstances existing, or
<br />arising from operations prior to the date of this trust deed, with respect to any Property of Trustor that
<br />would reasonably be expected to give rise to material environmental claims. In addition, Trustor shall
<br />hold Lender harmless from any liability for environmental waste or contamination on any Property
<br />owned or operated by Trustor or liability imposed as a consequence by reason of Trustor's activities
<br />and will defend and indemnify Lender against all claims, losses, liabilities, and expenses incurred by
<br />Lender as a result thereof. This covenant will survive cancellation, expiration or termination of this trust
<br />deed.
<br />6. Each of the following shall constitute an event of default:
<br />a. Failure to make any payment when due under any Loan Document or other Obligation secured by
<br />this trust deed.
<br />b. Failure to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any
<br />insurance on the Property, buildings, fixtures, attachments, or improvements as provided in this trust
<br />deed, or in any other Loan Document.
<br />c. Any breach or material misrepresentation of any term, agreement, covenant, condition,
<br />certification, representation or warranty as provided in this trust deed, or any other Loan Document.
<br />App #: 5355242; CIF #: 128731; Note #: 3007525 220KS Legal Doc. Date: December 28, 2015
<br />FORM 5011, Trust Deed and Assignment of Rents Page 5 of 10
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