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201608098
<br />Trustor and each of them further covenants and agrees with, or certifies and represents to Lender
<br />as follows:
<br />1. To pay all liens, judgments, or other assessments against the Property, and to pay when due all
<br />assessments, taxes, rents, utilities, fees, charges or encumbrances upon the Property or under any lease,
<br />permit, license, or privilege assigned to Lender as additional security to this trust deed, including those in
<br />or on public domain.
<br />2. To insure and keep insured all buildings and other improvements, including fixtures and attachments
<br />now on or hereafter placed on the Real Property to the satisfaction of Lender. Such insurance will contain
<br />an endorsement showing Lender as Beneficiary. On demand, Trustor will furnish said policies or proof of
<br />insurance to Lender and the insurance carrier shall be satisfactory to Lender. Trustor shall give written
<br />notice to Lender immediately of any claim or loss. Any sums so received by Lender may be applied in
<br />payment of any matured or unmatured Obligations secured by this trust deed, or at the option of Lender
<br />may be used to pay for reconstruction of the destroyed improvements. Such insurance will be in an
<br />amount at least equal to the lesser of the loan balance, the actual cash value of the Property, or the
<br />replacement cost of the Property, and will at a minimum, cover losses caused by fire, lightning, explosion,
<br />riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. Trustor will obtain and
<br />keep flood insurance in force to cover losses by flood as required by Lender and by the National Flood
<br />Insurance Act of 1968, as amended, and by regulations implementing the same. Trustor further agrees
<br />that Lender is not and will not be liable for any failure by Trustor or by any insurer, for whatever reason,
<br />to obtain and keep this insurance in force. Trustor shall give written notice to Lender immediately of any
<br />cancellation, termination or material modification of any such insurance. If Trustor fails to maintain the
<br />coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in
<br />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 any
<br />reason, regardless of whether Lender has done so on any other occasion unless Lender agrees to do so
<br />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 operations
<br />and to own agricultural real estate. No change has been made in the name, ownership, control,
<br />relationship, legal status, or organizational and formation documents of any undersigned since the time
<br />any such information was last provided to Lender. Any borrowing resolution or similar document provided
<br />to the Lender, whether on Lender's form or otherwise, has been executed by all those with an ownership
<br />interest in the Trustor's entity and such designated signor as set forth in the borrowing resolution is duly
<br />authorized to execute any and all Loan Documents on behalf the entity, 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 or
<br />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 />App #: 5409742; CIF #: 141984; Note #: 3055485 220KS Legal Doc. Date: December 1, 2016
<br />FORM 5011, Trust Deed and Assignment of Rents Page 4 of 8
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