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<br />agricultural purposes;
<br />(e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer,
<br />or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the
<br />supplier or manufacturer of the Equipment and agaisnt Lessor;
<br />(f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the
<br />maunfacturer of the Equipment;
<br />(g) LESSEE SHALL HA VE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR;
<br />and;
<br />(h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE
<br />OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE.
<br />The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS
<br />
<br />4. ST A TUfORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as
<br />a statutory fmance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both:
<br />(1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated
<br />in any way in Lessee's selection of the Equipment or of the supplier, and Lessor lias not selected, manufactured, or supplied the Equipment.
<br />LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE
<br />EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE
<br />EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS.
<br />5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT
<br />ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE,
<br />OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY.
<br />6. COl\-'IMENCEMEr'Io'T; RENTAL PAYMENTS; INTERIM RENTALS, This lease shall commence upon the wrinen acceptance
<br />hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in
<br />this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of
<br />this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to
<br />the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days
<br />elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number
<br />of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and
<br />payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated
<br />on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shan have no
<br />obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs
<br />this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and
<br />Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with
<br />respect to this Lease or any Schedule hereto.
<br />
<br />THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE.
<br />
<br />SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE.
<br />
<br />LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, ORAGENT
<br />OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR
<br />AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE,
<br />AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY
<br />SALESMAN, EROKER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY THE
<br />RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE.
<br />7. CHOICE OF LA\V. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be
<br />considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the
<br />laws and regulations of the state of Lessor's principal place of business.
<br />Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this
<br />Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering
<br />into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may
<br />be laid in the County of Lessor's principal place of business.
<br />8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance
<br />of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth
<br />in the section shown as "Security Deposit". In the event any default shan be made in the performance of any of Lessee's obligations under this
<br />Lease. Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after
<br />Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said
<br />deposit to the fun amount set forth above. On the expiration or earlier t~rmination or cancenation of this Lease, or any extension or renewal
<br />hereof, provided Lessee has paid all of the rent called for and fully performed an other provisions of this Lease, Lessor will return to the Lessee
<br />any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds.
<br />
<br />9. LIl\1ITED PREARRANGED AIHEI'.'DMENTS; SPECIFIC POWER OF A TIORNEY. In the event it is necessary to amend
<br />
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