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201801991
<br /> require Borrower to make arrangements satisfactory to Lender to replace such improvements with improvements of
<br /> at least equal value.
<br /> Borrower will maintain the farm during the time this Deed of Trust remains in effect, in as good as
<br /> condition and repair as was when this instrument was executed, or is later improved. Additionally, Borrower shall
<br /> operate and maintain the farm real estate in an efficient and husband-like manner, and will do tillage, seeding,
<br /> cultivating, and harvest at the proper time and in the proper manner. Borrower shall also keep in good repair all
<br /> grass,waterways,terraces,and open ditches.
<br /> 6. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
<br /> give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
<br /> 7. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in
<br /> connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of
<br /> condemnation,are hereby assigned and shall be paid to Lender.
<br /> 8. BORROWER NOT RELEASED; FOREBEARANCE BY LENDER NOT A WAIVER. Extension of
<br /> the time for payment or modification of amortization of the sums secured by this Security Instrument granted by
<br /> Lender to Borrower or any successor in interest of Borrower shall not operate to release the liability of the original
<br /> Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any
<br /> successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by
<br /> this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors
<br /> in
<br /> interest. Any forebearance by Lender in exercising any right or remedy, shall not be a waiver of or preclude the
<br /> exercise of any right or remedy.
<br /> 9. DEFAULT. That,if the Borrower defaults in any of the covenants or agreements contained herein or in
<br /> performance of the Promissory Note(s) secured hereby, then the Beneficiary may perform the same and that all
<br /> expenditures made by Beneficiary in so doing shall draw interest at the rate provided in the Promissory Note(s) and
<br /> shall be repayable by Borrower to Beneficiary and, together with interest and costs accruing thereon, shall be
<br /> secured by this Deed of Trust.
<br /> 10.ACCELERATION UPON DEFAULT. If the Borrower defaults in the payment of any installment of
<br /> principal or interest due under said Promissory Note(s)or if the Borrower defaults in the performance of any other
<br /> covenant or agreement to be performed under said Promissory Note(s)or this Deed of Trust,or if a trustee,receiver
<br /> or liquidator of the Property or of Borrower shall be appointed, or any of the creditors of Borrower shall file a
<br /> petition in bankruptcy against Borrower, or for the reorganization of Borrower pursuant to the Federal Bankruptcy
<br /> Code or any similar law, whether federal or state, and if such order or petition shall not be discharged or dismissed
<br /> within thirty (30) days after the date on which such order or petition was filed, or. Borrower shall file a petition
<br /> pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or if Borrower shall be ajudged a
<br /> bankrupt,or be declared insolvent,or shall make an assignment for the benefit of creditors, or shall admit in writing
<br /> its inability to pay its debts as they become due,or shall consent to the appointment of a receiver of all or any part of
<br /> the property,or if any representation or warrant made by Borrower on any financial statements or reports submitted
<br /> to Lender by or on behalf of Borrower shall prove false or materially misleading, or if Borrower is a corporation or
<br /> partnership and more than fifty percent(50%)of the shares or beneficial interests in such corporation or partnership,
<br /> as the case may be, shall be transferred or conveyed, whether voluntarily or involuntarily, without the written
<br /> consent of Lender being first had and obtained.
<br /> Upon the occurrence of any of the above described defaults, or anytime thereafter, Beneficiary may, at its
<br /> option,declare all the indebtedness secured hereby immediately due and payable and the same shall bear interest at
<br /> the default rate, if any, set forth in the Note, or otherwise at the highest rate permitted by law, and, irrespective of
<br /> whether Beneficiary exercises said option, it may, at its option and in its sole discretion, without any further notice
<br /> or demand to or upon Trustor,do one or more of the following: (a)Beneficiary may enter upon,take possession of,
<br /> manage and operate the Property or any part thereof, make repairs and possession, in its own name, sue for or
<br /> otherwise collect and receive rents,issues and profits,including those past due and unpaid,and apply the same,less
<br /> costs and expenses of operation and collection, including reasonable attorney fees and Beneficiary's costs,upon the
<br /> indebtedness secured hereby and in such order as Beneficiary may determine. The entering upon and taking
<br /> possession of the Property, the collection of any rents, issues and profits, and the application thereof as aforesaid,
<br /> shall not cure or waive any default theretofore or thereafter occurring,or affect any notice of default or notice of sale
<br /> hereunder or invalidate any act done pursuant to any such notice. Beneficiary may bring any action in any court of
<br /> competent jurisdiction to foreclose this Deed of Trust or enforce any of the covenants hereof and Beneficiary may
<br /> elect to cause the Property or any part thereof to be sold under the power of sale,and in such event,Beneficiary may
<br /> elect to cause the Property or any part thereof to be sold under the power of sale, and in such event,Beneficiary or
<br /> Trustee shall give such notice of default and notice of sale as may be then required by law.
<br /> 11. POWER OF SALE. That the Borrower hereby confers upon the Trustee a power to sell the property
<br /> which the Trustee may exercise and under which the property may be sold in the manner provided by law. At the
<br /> option of the beneficiary,this Deed of Trust may be foreclosed in the manner provided by law for the foreclosure of
<br /> mortgage on real property. That, if a sale of the property by the Trustee is exercised under this power of sale, the
<br /> proceeds shall be applied first to the payment of the costs and expenses of exercising the power of sale,including the
<br /> fee of the Trustee in an amount not to exceed two per cent (2%) of the sale price then to the payment of the
<br /> obligation secured by the Deed of Trust and the balance,if any,to the person or persons legally entitled thereto.
<br /> 12. ACCELERATION IN THE EVENT OF TRANSFER. In the event the title to the said real estate is
<br /> transferred, or contracted to be transferred, from the undersigned for any reason or by any method whatsoever, the
<br /> entire principal sum and the accrued interest shall at once become due and payable at the election of the Beneficiary.
<br /> Failure to exercise this option because of transfer of title as above stated in one instance shall not constitute a waiver
<br /> of the right to exercise the same in the event of any subsequent transfer.
<br /> 13. DUTIES OF TRUSTEE. Borrower agrees that: (a) Duties and obligations of Trustee shall be
<br /> determined solely by the express provisions of this Deed of Trust and Trustee shall not be liable except for the
<br /> performance of such duties and obligations as are specifically set forth herein, and no implied covenants or
<br /> obligations shall be imposed upon Trustee; (b) No provisions of this Deed of Trust shall require Trustee to expend
<br /> or risk its own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder,
<br /> or in the exercise of any of its rights or power; (c) Trustee may consult with counsel of its own choosing and the
<br /> advice of such counsel shall be full and complete authorization and protection in the respect of any action taken or
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