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201803582
<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 />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 hold
<br />Lender harmless from any liability for environmental waste or contamination on any Property owned or
<br />operated by Trustor or liability imposed as a consequence by reason of Trustor's activities and will defend
<br />and indemnify Lender against all claims, losses, liabilities, and expenses incurred by Lender as a result
<br />thereof. This covenant will survive cancellation, expiration or termination of this trust 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, certification,
<br />representation or warranty as provided in this trust deed, or any other Loan Document.
<br />d. Sale, transfer, or conveyance of the Property described herein without prior written consent of
<br />Lender.
<br />e. Any use of loan proceeds for a purpose that will contribute to excessive erosion if highly erodible
<br />land or to the conversion of wetlands to produce or to make possible the production of an agricultural
<br />commodity, as provided by 7 CFR Part 12.
<br />f. The death, dissolution or insolvency of any Trustor; the appointment of a receiver for any Trustor or
<br />their Property; any assignment for the benefit of creditors by the Trustor; or application of any debtor
<br />relief law to Trustor, including any type of workout or commencement of proceeding under any
<br />bankruptcy or insolvency laws by or against any Trustor or Borrower on any Loan Document or other
<br />Obligation secured by this trust deed.
<br />g. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or
<br />accommodation party of any of the Obligations or any guarantor, endorser, surety, or accommodation
<br />App #: 5537782; CIF #: 105448; Note #: 3142615 202EA Legal Doc. Date: June 4, 2018
<br />FORM 5011, Trust Deed and Assignment of Rents Page 5 of 9
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