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2� 17� 1111 <br /> replacem�n���st of the Property, and wi�i a�a minimum, ca�er Ioss�s caus�d by fire, lightning, explosi�n, <br /> ri�t, aircraft, vehicl�s, �andalism, ci�il commo�ivn, smoke, windsform, and hail. Trustor will abtain and <br /> ke�p f[ood insuranc� in force to cv�er losses by flood as required by Lender and by �he Natianal Flvod <br /> Insuranc�Act of �958, as amend�d, and by regulati�ns impfementing �he same. Trustar further agrees <br /> that Lender is not and wi�l n�t be liab[e for any failure by Trustor or by any �nsurer, for�ha�ever reason, <br /> to abtain and ke�p this insurance in force. Trustar shal! g�ve written no�ice�o Lender immediat�ly af any <br /> cancellation, termina�ion or materia[ modification af any such insuran�e. [f Trustar fails �o maintain the <br /> covera�e describ�d a�ove, L�nder may, a�Lende�-'s option, ob�ain co�erage to protect Lender's rights in <br /> �he Property accard�n� to the terms of this��ust deed. <br /> 3� To k�ep al[ buiidings, ti�ctures, attachments, and other impro�ements n�w on or herea�t�r pla�ed an <br /> th� Real Pr�perty occupi�d and in good repair, maintenance, and cvndit�on and ta neither comm�t nor <br /> permit any acts af waste ar any impairment vf the �alue of the Property. Trustar shall nat �emo�e or <br /> demolish any impro�em�nt without prior wriiten approval af the Lender. Trustar shall give immedlate <br /> natice tv Lender af any materral damage to or construction on or relate� to any �f the Property. Lender <br /> may enter upon �he Real Property to inspect the same or fa perfarm any acts aufhori�ed here�n or in the <br /> Loan Dacuments. Any inspec�ions, reports or samp[es canducted by Lender shal� be ��r fh�ir awn use <br /> and benefit, and Lender shall not b� requir�d to disclose�he resul�s af any inspections to Trustor for any <br /> reasvn, r�gardless of whether Lend�r has d�ne so on any other�ccasRan un�ess Lende�agrees to do so <br /> in a separate �vri�ing. Trustor is responsible far monit�ring, preserving and inspecfing th� Property <br /> �ndependently of Lender, and Lender makes no representa�ion, s�atement or warranty r�garding the <br /> accuracy of any inspec�ion, reparts or stat�men�s �elafed to�he Property's candition, quantity, �r quality <br /> of any nature, and Trustor agrees it shal! n�t rely up�n statements refated thereto made by a <br /> repr�sen�a�ive ❑f Lender. <br /> 4. Tha� Trustor is, and shall continue fa be, duly arganized, vafidly ex�sting and I�ga�ly qualified to d❑ <br /> business under th� �aws of the states in which Trustor aperaf�s, in campliance wi�h federal, sta�e and <br /> Ivcai laws or regulations, and haWe Iegal auth�rity in such states to canduct Trustor's business operatian� <br /> and �� awn agricu[tura[ rea� es�ate. No change has been made in fhe name, awnersh�p, contrvl, <br /> relatianship, legal status, or�rgani�ational and formatian documen�s of any undersign�d since the time <br /> any such informa�ivn was last provided t�Lender.Any borrowing res�lufian or similar document prvvided <br /> �n the Lend�r, �nrhether on Len�ler's farm vr atherw�se, has been execut�d by all�h�s�w�th an awnership <br /> interest in the Trustor's enfi�ty and such designa�ed signor as se�forth in the b�rrowing reso[u�ivn is duly <br /> authorized ta execute any and al[ Loan Documents on behalf�he �ntity, including �his trus�deed. <br /> 5�All known saurces of exisfing or patenfia! environmentaf �antaminati�n ❑n �r near any Real Prap�rky <br /> owned �r opera�ed by Trustvr has be�n fu[[y disc[os�d ta Lende�; the operations�f Trustar comply, and <br /> during the ��rm of this trust deed wi[! at al� times c�mply in aI[ r�spects, with a�� en�irvnmental laws; <br /> Trustar has obtained and will mainfa�n all �icens�s, permits, authvri�atians and r�gis�rations required <br /> unde� any environmental [aw and nec�ssary for i�s ardinary caurse operatians, all such en�ironmen�al <br /> permrts are in goad standing, an� Trusfar is in campfianc�with al[ material terms and cvndi�ivns af such <br /> en�ironmenfal permi�s; neither Trustv� n�r any of its pres�nt Property or opera�ions is subject to any <br /> outstanding written arder fram or agreement w��h any governmen�af au�hority or subject ta any jud�cial or <br /> do�keted adminis�rative proceeding, respecting any environmental iaw, envirvnmental c[aim or <br /> hazardvus mat��ia�; there are n� hazardvus materials ar ath�r �ondifiians or cErcumstances existing, ar <br /> arising from aperations pr�ar to the date vf this trust deed, with r�spect�o any Property of Trustor �hat <br /> would reas�nably be expected fio g�ve rise to maferral envir�nm�ntal Glaims. In addition,Trusto�shall h�[d <br /> L�nder harmless from any liabili�y for environmental waste �r can�amination an any P�operty owned ar <br /> op�rat�d by Trustvr ar liabili�y imposed as a consequence by reasvn of Trustar's activities and wi��d�fend <br /> and indemnify Lender against all cEaims, fosses, liabilities, and e�cpenses incurred by Lender as a r�sul� <br /> �hereof. This co�enan�will survive can�ellation, expiration or termination of this trust deed. <br /> fi� Each of the foll�wing shaCl c�ns�itute an event vf default: <br /> a. FaiEure to make any payment when due under any Laan Document or other �bligafion s�cur�d by <br /> th�s trus�d eed. <br /> b. Failure to pay any liens, judgments, assessments, taxes, ren�s, f�es, or �harges or main�a�n any <br /> insuran�e on the Property, buildings, fix�ures, attachments, ❑r imprv�emenfs as pro�id�d �n this trust <br /> de�d, or in any other Loan Document. <br /> c.Any breach or material mis�epresenta�ion �f any te�m, agreement, covenan�, conditian, c�rtification, <br /> r�pres�ntation or warranty as pr�vr�ed in th[s trusf deed, or any other Lo�n Document. <br /> App#:5439848; CIF#: ��6326; Note#:3�72026 233MM L�gal Doc.❑ate:February�5,2��7 <br /> F�RN15�'I 1,Trust Deed and Assignment of Rents Page 4 vf 7 <br />