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(f) THE MORTGAGOR AND, BY ITS ACCEPTANCE HEREOF, THE
<br /> MORTGAGEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
<br /> WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO
<br /> ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN
<br /> CONNECTION WITH THIS MORTGAGE, AND ANY AGREEMENT
<br /> CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY
<br /> COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER
<br /> VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS
<br /> A MATERIAL INDUCEMENT FOR THE MORTGAGEE ENTERING INTO THE
<br /> INDENTURE AND THE SECURITY AGREEMENTS TO WHICH IT IS A PARTY,
<br /> PURSUANT TO WHICH THE MORTGAGOR RECEIVES A SUBSTANTIAL AND
<br /> MATERIAL BENEFIT.
<br /> (g) Time is of the essence of all provisions of this Mortgage.
<br /> (h) The Mortgagor represents and warrants that the Mortgaged Property does
<br /> not include real estate used for residential purposes by the Mortgagor and that no portion
<br /> of the Mortgaged Property (i) is in "agricultural use" (as defined in Minnesota Statutes,
<br /> Section 40A.02, subdivision 3, or any successor statute thereto, as the same may be
<br /> amended from time to time); (ii) is being used for an "agricultural purpose" (as defined in
<br /> Minnesota Statutes, Section 273.13, subdivision 23, or any successor statute thereto, as the
<br /> same may be amended from time to time); (iii) is being used for the production, grading,
<br /> sorting or packaging of"agricultural products" (as defined in Minnesota Statutes, Section
<br /> 273.13, subdivision 23, or any successor statute thereto, as the same may be amended from
<br /> time to time); (iv) is classified for ad valorem tax purposes as class 2b rural or agricultural
<br /> non-homestead property under Minnesota Statutes, Section 273.13, subdivision 23, or any
<br /> successor statute thereto, as the same may be amended from time to time); (v)is being used
<br /> in the production of agricultural products or crops, livestock or livestock products, milk or
<br /> milk products or fruit or other horticultural products (collectively, "Farming") or (vi) is
<br /> capable of being used for Farming.
<br /> (i) There are no individual sewage treatment systems on or serving the
<br /> Mortgaged Property, within the meaning of Minnesota Statutes, Section 115.55, or any
<br /> successor statute thereto, as the same may be amended from time to time.
<br /> 0) In the event any provision of this Mortgage requires the approval, consent,
<br /> or action by the Mortgagee, the Mortgagee must undertake to grant or deny such approval
<br /> or consent, or perform such action, only subject to and as directed by the terms of the
<br /> Indenture, and may, in the Mortgagee's and sole discretion, require direction of the
<br /> Majority Bondholders prior to undertaking any such approval, consent, or action.
<br /> Section 5.2 Recording and Title Insurance. The Mortgagor will cause this Mortgage
<br /> and all supplements hereto and any other instruments of further assurance to be promptly recorded,
<br /> filed, and registered, and at all times to be recorded, filed, and registered, in such manner and in
<br /> such places as may be required by law fully to preserve and protect the rights of the Mortgagee
<br /> hereunder as to all Mortgaged Property.
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