Complaint,Petition: Liberty Mutual Fire Insurance Company vs. Ford, James et al

On March 26, 2024 a Complaint,Petition was filed involving a dispute between Liberty Mutual Fire Insurance Company, and Ford, James, for Contract / Business Cases in the District Court of Plymouth County.

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Date Filed 3/26/2024 1:11 PM
Superior Court - Plymouth
Docket Number
RECEIVED

COMMONWEALTH OF MASSACHUSETTS

PLYMOUTH, s.s. SUPERIOR COURT

LIBERTY MUTUAL FIRE
INSURANCE COMPANY,

Plaintiff, C.A. No.

JAMES E. FORD and
JANE E. FORD

Defendants.

COMPLAINT FOR DECLARATORY RELIEF

Liberty Mutual Fire Insurance Company (“Liberty”), by and through its undersigned

counsel, seeks declaratory relief pursuant to G.L. c. 231A, §1 and Mass. R. Civ. P. 57 in the form

of one or more declarations as to the rights, duties, and obligations of the parties under an insurance

policy that Liberty issued James E. Ford and Jane E. Ford (collectively the “Fords” or the

“Defendants”), and states as follows:

INTRODUCTION

1 Liberty seeks a judgment declaring that it has no duty to defend or to indemnify the

Defendants under a Deluxe Homeowners Policy, No. H32-212-367649-02 0 1, issued to the

Defendants, with respect to claims asserted against each of them in a matter that is pending in

Plymouth County Superior Court captioned Michelle Derouen v. Wendy Ford, Elizabeth Wilson

d/b/a Pony Town Parties, James Ford and Jane Ford, Docket No. 2383CV00742 (the “Underlying

Action”).
Date Filed 3/26/2024 1:11 PM
Superior Court - Plymouth
Docket Number

PARTIES

2. Liberty is a company organized under the laws of the State of New Hampshire that

maintains its principal place of business at 175 Berkeley Street in Boston, Massachusetts.

3 James E. Ford is a natural person who resides at 1186 Plymouth Street in East

Bridgewater, Massachusetts.

4 Jane E. Ford is a natural person who resides at 1186 Plymouth Street in East

Bridgewater, Massachusetts.

JURISDICTION AND VENUE

5 This Court has subject matter jurisdiction over this action pursuant to G.L. c. 231A

§ landG.L.c. 212 §4.

6 This Court has personal jurisdiction over Liberty and the Defendants pursuant to

G.L. ¢. 223A § 2.

7 Venue is proper under G.L. c. 223 § 1 because the Defedants are residents of

Plymouth County, Massachusetts, and the insurance policy at issue was issued to the Defendants

in Plymouth County, Massachusetts.

FACTS

Farm Lease

8 On August 1, 2020, James and Jane Ford entered into a Farm Lease with Elizabeth

Wilson allowing Ms. Wilson to use the Fords’ farm located at 1194 Plymouth Street in East

Bridgewater, Massachusetts (the “Farm”) in connection with her business, Pony Town Parties. A

true copy of the Lease is attached as Exhibit A.

9 Upon information and belief, Ms. Wilson provided true and valid consideration for

the use of the Farm.
Date Filed 3/26/2024 1:11 PM
Superior Court - Plymouth
Docket Number

Underlying Action

10. On October 6, 2023, Michele Derouen filed a Verified Complaint against Wendy

Ford, Elizabeth Wilson d/b/a Pony Town Parties, James Ford and Jane Ford in the Underlying

Action. A true copy of the Verified Complaint is attached hereto as Exhibit B.

11. According to the Verified Complaint, on and before November 22, 2020, Elizabeth

Wilson conducted a horse riding business under the name Pony Town Parties at the Farm. See Ex.

B, {| 6-7.
12. The Verified Complaint alleges that the Plaintiff in the Underlying Action, Michele

Derouen, was injured during and as a result of the horse riding lesson that was provided by Pony

Town Parties at the Farm on November 22, 2020. See Ex. B, 16, 22-40.

13. Ms. Derouen asserts, among other things, claims of negligence against all of the

defendants in the Underlying Action and an additional claim of premises liability against the Fords.

See Ex. B, §{] 52-65.

The Relevant Policy Provisions and Reservation of Rights

14. Liberty issued a Deluxe Homeowners Policy, No. H32-212-367649-02 0 1, to

James and Jane Ford for the period from March 26, 2020 to March 26, 2021 (the “Policy”). A true

copy of the Policy is attached hereto as Exhibit C.

15. Subject to all of its terms, conditions, exclusions, endorsements, and limits, the

Policy affords coverage for claims against its insureds under a Personal Liability Form (CG 00 01

04 13) in the amount of $100,000.00. See Ex. C, Declarations.

16. The Policy contains the following relevant provisions:
Date Filed 3/26/2024 1:11 PM
Superior Court - Plymouth
Docket Number

HOMEOWNERS 00 03 04 91
AGREEMENT
We will provide insurance described in this policy in return for the premium and compliance with all
applicable provisions of this policy.

[ DEFINITIONS ]
In this policy, “you” and “your” refer to the “named insured” shown in the Declarations and the spouse of a
resident if the same household. “W,” “us” and “our” refer to the Company providing this insurance. In
addition, certain words and phrases are defined as follows:***

2. “Business” includes:1

a A trade, profession or occupation engaged in on a full-time, part-time or occasional basis;
or
b Any other activity engaged in for money it other compensation, except the following:
(1) One or more activities, not described in (2) or (3) below, for which no “insured”
receives more than $3,000 in total compensation for the 12 months before the
beginning of the policy period.
(2) Volunteer activities for which no money is received other than payment for
expenses incurred to perform the activity; or
(3) A “short term rental.”

[ SECTION Il - LIABILITY COVERAGES

COVERAGE E - Personal Liability

If aclaim is made or a suit is brought against an “insured” for damages because of “bodily injury” or “property
damage’ caused by an “occurrence” to which this coverage applies, we will:

4 Pay up to our limit of liability for the damages for which the “insured” is legally liable. Damages
include prejudgment interest awarded against the “insured”; and

Provide a defense at our expense by counsel of our choice, even of the suit is groundless, false or
fraudulent.

SECTION Il - EXCLUSIONS

COVERAGE E —- Personal Liability and Coverage F —- Medical Payments to Others do not apply
to “bodily injury” or “property damage”:***

b Arising out of or in connection with a “business” engaged in by an “insured.” This exclusion
applies but is not limited to an act or omission, regardless of its nature or circumstances,
involving a service or duty rendered, promised, owed, or implied to be provided because
of the nature of the “business”;

Arising out of the rental or holding for rental of any part of any premises by an “insured”.
This exclusion does not applyto the rental or holding for rental of the “residence premises”:2

1 As Amended by the Special Provisions-Massachusetts Endorsement (FMHO 6100MA 02 17).
? As Amended by the Special Provisions-Massachusetts Endorsement (FMHO 6100MA 02 17).

4
Date Filed 3/26/2024 1:11 PM
Superior Court - Plymouth
Docket Number

(1) As a “short terms rental: for use only as a residence;
(2) In part, unless intended for use as a residence more than two roomers or boarders;
or
(3) In part, aa an office, school, studio or private garage.

See Ex. C.

17. The Special Provisions-Massachusetts Endorsement (FMHO 6100MA 02 17)

defines “short term rental” as one or more rentals, in whole or in part, of the “residence premises”

for up to a combined total of 31 days during the policy period. See Ex. C, Special Provisions-

Massachusetts Endorsement (FMHO 6100MA 02 17), at 1 of 11.

18. Liberty agreed to defend the Fords against the Underlying Action under the Policy,

subject to complete reservation of rights to seek a declaration that no coverage is owed. A true

copy of the reservation of rights is attached hereto as Exhibit D.

COUNT I- DECLARATORY RELIEF

19. Liberty repeats and reaffirms the allegations contained in Paragraphs 1 through 18

as if fully set forth herein.

20. The actual controversy regarding Liberty’s rights and obligations concerning the

extent and availability of coverage for Mr. Derouen’s claims can be eliminated by a declaratory

judgment from the Court pursuant to G.L. c. 231A, §1.

21. Based upon the foregoing, Liberty requests that the Court determine and declare

that the coverage for the Fords in the Underlying Matter is excluded under SECTION II, Part 1.b.

because Mr. Derouen’s claimed injuries arose out of the rental business engaged in by the

Defendants.

22. Furthermore, Liberty requests that the Court determine and declare that the

coverage for the Fords in the Underlying Matter is excluded under SECTION II, Part 1.c. (as

amended by the Special Provisions-Massachusetts Endorsement (FMHO 6100MA 02 17))
Date Filed 3/26/2024 1:11 PM
Superior Court - Plymouth
Docket Number

because Mr. Derouen’s claimed injuries arose out of the rental of the Farm to Elizabeth Wilson

d/b/a Pony Town Parties by the insured.

23. No indemnity is owed to the Fords in the Underlying Matter under the Policy,

because no defense is owed.

24. As a result, Liberty requests that the Court determine and declare that no coverage

is afforded to the Fords by the Policy in connection with the Underlying Action.

REQUEST FOR RELIEF

WHEREFORE, Liberty Mutual Fire Insurance Company respectfully requests that the

Court enter an Order that:

A Declares that no coverage is provided to James Ford and Jane Ford by the Policy in

the Underlying Action;

B Declares that Liberty Mutual Fire Insurance Company is not obligated to provide

coverage for claims asserted against James Ford and Jane Ford under the Policy in the

Underlying Action;

Cc Award to Liberty Mutual Fire Insurance Company its costs of suit and reasonable

attorneys’ fees; and

D. Grant Liberty Mutual Fire Insurance Company such other and further relief as the

Court deems just and appropriate.
Date Filed 3/26/2024 1:11 PM
Superior Court - Plymouth
Docket Number

Respectfully submitted,
LIBERTY MUTUAL FIRE
INSURANCE COMPANY
By its attorney,

MCANGUS GOUDELOCK & COURIE LLC

/s/ Iryna N. Dore

Alexander G. Henlin, BBO #660474
Iryna N. Dore, BBO #676256
MCANGUS GOUDELOCK & COURIE PLLC
53 State Street, Suite 1305
Boston, MA 02109
617-830-7403
iryna.dore@mgclaw.com
alexander.henlin@mgclaw.com

Dated: March 26, 2024

CERTIFICATE OF SERVICE

Thereby certify that I electronically filed this document via Odyssey efiling on this 26" day

of March 2024, with service made on all parties to this Action through their registration in the

Odyssey efiling system.

/s/ Iryna N. Dore

Iryna N. Dore, BBO #676256
Date Filed 3/26/2024 1:11 PM
Superior Court - Plymouth
Docket Number

EXHIBIT A
Date Filed gio rr024, 1:11 Pl
Superior OBikE layiasiaae 4: 28 5883787425 eo FORNIBROSOIL PAGE 82
Docket Nember= rrr
aceon
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This form Is avallable electronically. Position | Form Approved - OMB No. 0560-0162
FSA-1940-53 U.S. DEPARTMENT OF AGRICULTURE
Farm Service Agency
(06-41-02)
CASH FARM LEASE
{See Page 7 for Privacy Act and Public Burden Statements.)

THIS LEASE is entered into this (/)
August day of (2)
04
20 (3)
20

Mr. Jarnes Ford & Mrs. Jane Ford 1194 Plymouth St. East Bridgewater, MA 02333
between (4) ylandiord, of (5)
(Address of Landlord)
Elizabeth Wilson DBA Pany Town Parties/Holmestead Harve
and (6). vlenant, of (7) _5 Jean Terrace, East Bridgewater, MA 02333
"Yddidress of Tenaniy

A, PROPERTY RIGHTS. The landlord hereby leases to the tenant, to occupy and use for agricultural and related purposes, the following.

described property, hereinafter referred to as the "farm," located in (8) Lot "1250" of 1186/1194 Plymouth St
East Bridgewater, MA Ford Ranch
County, State of (9) and commonly
known as the (10)

farm: (1)
Landiord permits Elizabeth Wilson to operate "Holmestesd Harvest in the steel barn she constructed on lot “1250”

Landlord aiso permits Elizabeth Wilson to operate “Pony Town Parties” on the premise of Ford Ranch.

and consisting of (72) acres, more or less, together with all buildings and improvements thereon and all rights thereto
except as specified below:

1 Right of entry. ‘The landlord reserves the right to enter the farm at any reasonable time for purposes (a) of consultation with the tenant,
(b) of making repairs, i , and inspections; (c) of developing mineral resources; and (d) after notice of termination of the tease
is given, of plowing, seeding, fertilizing, and such customary seasonal work, none of which is to interfere with the tenant in cartying out
regular farm operations, This right is also reserved to the landtord's agents, employces, and assigns.

Transfer of farm. Ifthe landlord should sell or otherwise transfer title to the farm, such sale or transfer will be subject to the provisions
of this lease.

Heirs and successors, The terms of this lease shat! be binding upon the heirs, executors, administrators, and successors of both landlord
and tenant in like manner as upon the original parties. However, in the event the lease is for more than one year, the heirs ot successors of
the tenant shall have the option to give written notice of termination effective at the end ofthe lease year in which death occurs.

Right
to lease. The landlord has the right to tase the farm, and so warrants t the tenant, Further the landlord will defend the tenant's
posseasion against any and all persons whomsocver.
Additional agreements regarding property rights: (73)

The U.S. eee er abn ne penton etait no Re ‘programs and activities on the basis of race, cok, netionst origin, gander, religion, age, disablity,
Political beliefs, sexval orientation, and martial ar tannity to alt h
exmimunieation
of program infrmation (Brae, Torys prot sudan ae .) should contac! USDA's who require Mlernative means for
TARGET Center at (202) 720-2600 (wie ard TOL) Ta fite » compisint
Directoy, Qifive of Cli! Rights, Room 326-W, ton Guns 1400 independence Avenue, SW, Washington0.C, , 20250-0 ar 410
call (202)
J0-8064 (woo of TO), USDA is an equal opportunity peavider and amples
Date Filed 3/26/2024 1:11 PM
Superior COG 1PWBEGB G4: 20 5883787428 FORNIBROSOIL, PAGE 43
Docket Number
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FSA-1940-53 (06-11-02) Page
2 of 7
B. LAND USE AND LIVESTOCK PRODUCTION.
1, Land use and kind of Jivestoek, Except when mutually agreed otherwise, the land use and cropping plan shall be as follows and the
nymbers of each kind of livestock shall not exceed those shown in the following table:
LAND USE AND LIVESTOCK PRODUCTION TABLE

44) (15) (16) 17)
USE
OF LAND ACRES FIELDS KIND OF LIVESTOCK maximult NUMBERS

Pony Parties 5 Horses & Ponies 10
Farm Store 4 Meat Birds 500
Petting Zoo 5 Alpacas, Goats, Ducks, Chickens 100
Farming To grow produce

(19) TOTAL 2
2. Acres end numbers. The acres of crops and the fields ov which grown and the numbers of livestock shown above are those planned for the
first year of this lease. They may be adjusted within the year or from year to year by mutual agreement.
C. IMPROVING, CONSERVING, AND MAINTAINING THE FARM. To improve the farm, conserve its resources, and maintain it in a high
state of cultivation, the two partics agree as follows:
t General maintenance, The tenant will maintain the farm during the tenancy in as good condition as at the beginning, normal wear and
depreciation and damage from causes beyond the tenant's control excepted.

Good husbandry. The tenant will aperste the farm in an efficient and husbandlike way, will do the plowing, seeding, cultivating, and
harvesting in a manner that will conserve the landlord's property.

Cropping practices. The tenant will not, without oral consent of the landlord, (a) plow permanent pasture or meadowland, (b) cut live trees
for sale or personal uses, but will take for fuel or use on the farm only dead or unmarketable timber designated by the landlord, (c) allow
livestock other than the tenant's own on stalkfields or stubblefields, (d) burn or remove cornstalks, comcobs, straw, or other crop residues
grown on the farm, (e) pasture new seedings of legumes or grasses in the year they are seeded, and (f} ptant legumes on land not known to be
thoroughly inoculated without first inoculating the seed.

Manure and crop residue. The tenant will spread the manure straw, or other crop residues on the farm as soon ag practicable on fields
agreed upon by the two parties, except as follows: (20)

Pasturing. The tenant will prevent tramping of fields by stock and rooting by hogs when injury to the farm will be done.

‘Waste. The tenant will not commit waste on, or damage to, the farm and will use due care to prevent others from so doing.

Fire protection, The tenant will not, without writen consent of the landlord, house automobiles, motortrucks, or tractors in barns, of
otherwise violate restrictions in the [mdlord's insurance poticy which restrictions the landlord shail make known to the tenant.
Replace losses. The landiord will replace or repair as promptly as possible the dwelling or any other building that may be destroyed or
darnaged by fire, flood, or other cause beyond the contro! of the tenant or make rental adjustments in lieu of replacements.

Noxious weeds. The tenant will use diligence to prevent noxious weeds from going to seed on the farm and will destroy the same, and will
keep the weeds and grass cut or destroyed on the fields, farmstead, roadside, and fence rows, Treatment of weed infestation and cost thereof,
shall be handiedas follows: (2/)
Date Filed
Superior COMM TBymban 4: 20
Docket Number
5883787428 FORNIBROSOIL, PAGE @4

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Page
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FSA-1940-53 (06-11-02)
10. Maintenance of improvements. The tenant will keep the building, fences, and other improvements on the farm in as good repair and
condition as they are when the tenant takes possession, and in as good repair and condition as they may be put during the term of the lease,
ordinary wear and tear, ioss by fire, or unavoidable depreciation or destruction excepted.

11, Materials and Inbor. The landlord will furnish materials and the tenant will perform labor for normal maintenance and repairs, except
that skilled lubor which the tenant is unable to perform satisfactorily will be furnished by the landlord. Additional agreements regarding
materials and labor: (22),
Elizabeth Wilson wil! be responsible for the maintenance of tha store area, as
well as the pony parly space. ie Wi indie landscapingai asic Maintenance.

12. Purchase of materials. The tenant may buy, without further authorization, materials for normal maintenance and repairs in a total amount
not to exceed (23) $ within each year, and the landlord will credit or reimburse the tenant for such expenditures, a3
follows: (24)
Elizabeth Wilson will be responsible for all materails needed for maintenance of areas she is leasing.

3. Add improvements, The tenant will not, without written consent of the landlord, (a) erect or permit to be erected on the farm any
nonremovable structure or building, or (>) incur any expense to the landlord for such purpose, or (c) add electrical wiring, plumbing, or
heating to any buildings, and, if consent is given, the tenant will make such additions meet standards and requirements of power and
insurance companies.

t4. Conservation practices. The tenant will control soil erosion as completely as practicable by stripcropping and contouring, and by filling
in or otherwise controlling smail washes or ditches that may form.

15. Conservation structures. The tenant will keep in good repair all terraces, apen ditches, and inlets and outlets of tile drains, preserve all
established watercourses or ditches including grass waterways when seed and fertilizer are furnished by the landlord, and refrain from any
operation of practice that will injure thern.

16. Compensation for improvements. The two parties will carry out new conservation practices and measures and make other improvements,
and share contributions and costs necessary for completing such practices and improvements as set forth below. ‘The tenant wilt be
reimbursed by the landlord when the practice, measure, of improvement is completed, or will be compensated for its unexhausted
value when the tenant leaves the firm, accordingto the table below:
COMPENSATION FOR IMPROVEMENTS TABLE

(ery PERCENTTO BE FURNISHED BY
CONSERVATION PRACTICE
MEASURE, OR OTHER DATE TO BE ESTIMATED
LANDLORD (L) AND BY TENANT (1) VALUE PLACED ON| Nun
cost MATERIALS % LABOR% MACHINERY % TENAN’ DEPRECIATION
ENT COMPLETED CONTRIBUTION
+ T L T kL T ¥
Date Filed
Superior coat
Docket Number
Heban 24:20 5883787428 FORNIBROSOTL PAGE @5
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FSA-1940-53 (06-11-02) Page
4 of 7
17. Additional agreements relative to conservation and improvements:

Elizabeth Wiison wil) make any improvements to the land free of charge or reimbursement. However, she reserves the night to
remove arly Siructures constructed, at her expense, at her own discretion.
18. Review of conservation program. A new schedule covering conservation practices
and improvements wil] be prepared each year on an
appropriate form which will become a part of this lease when signed by the two parties.
19. Preparing
or seeding land. When
the tenant leaves
the farm, if the total acreages of prepared
or seeded land are greater
than at the
beginning ofthe tenancy, the tenant will be compensated by the fandlord on the basis of the valuc
of such excess acreages. If such total
acreages are [ess than at the beginning of the tenancy, the tenant will compensate the landlord on the basis of the value
of such
deficiency, provided that the deficiency is not due to drought, flood, or other causes beyond the control of the tenant. The acreagesat
the beginning of this tenancy and the basis of payment are as follows:
PREPARING OR SEEDING LAND TABLE
£32} ay (34) (35) (37)
ACRES AT ACRES AT
PREPARED OR SEEDED. BEGINNING. RATE PER ACRE PREPARED
OR SEEDED BEGINNING RATE PER ACRE. |

20. Removable Improvements. Minor improvements of a temporary or removable nature, not provided for in Item 16 of this section, which
do not mar the condition of appearance of the farm may be made by the tenant at the tenant's own expense. The tenant may at any time
this lease is in effect, or within a reasonable time thereafter, remove such improvements, provided that part of the farm from which they
are removed is left in good condition,

21. Compensation for damages. When the tenant leaves the farm the tenant will pay the landlord reasonable compensation for any damages
to the farm for which the tenant is responsible, except ordinary wear and depreciation and damages beyond the tenant's contro).

D. SHARING COSTS AND RETURNS. All costs and returns shat} he divided between landlord and tenant as provided below, unless otherwise
specifically stated elsewhere in this lease.
1. Rental rates. The tenant agrees to pay as cash rent the amount as calculated below in ¢ither method 1 or 2 as completed.

RENTAL RATES.
METHOD 1 - STRAIGHT CASH RENT METHOD 2 - FLEXIBLE CASH RENT
(39), (40) (41) (42) Ory (44) £45) (40)
KIND OF LAND ACRES. RATE IMMODITY. AMOUNT.
INTERTILLED CROPS:
‘SMALL GRAINS
HAY TOBACCO
PASTURE WHEAT
FARM BUILDINGS:
DWELLING BEEF
MILK

WOODLAND
FARMSTEAD AND LOTS 4 $100 $300/month
ENTIRE FARM
Date Filed
Superior
Docket ti
Bat tByiebiay
| 84:20 5883787428 FORNIBROSOIL, PAGE 46
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Page
$ of 7
FSA-1940-53 (06-11-02)
2. Variations for price (for method 2). The prices to be used in Column (45) will be determined as follows: (47)

3. Variations for production conilitions, The total amount of rent for the entire farm as shown jn either Column 4 oras catculated for
Column 9 shall be adjusted for any year in which the yield of (48) a5 by the State Crop Reporting
Service is (49) percent above or below the county average yield for the previous (50) ____.__ years, as follows:
BD,

4, Rental payment. The annual renal duc shall be paid as follows: (52) $ on (53)
69s on (55) , and the payments
shail be made at (56).

5. Additional agreements in regard to rental rates:
(37)

6, Expenses: Expenses shall be supplied by the tenant except as included in SectionC and except as follows:
EXPENSES:
é FURNISHED BY
EXPENSES: FURNISHEDBY EXPENSES FURNISHED By EXPENSES
LANDLORD LANDLORD

LABOR CROP EXPENSES

MAINTENANCE-BUILOINGS ‘TELEPHONE:

MAINTENANCE-FENCES: SEED INSURANCE--BLHLDINGS.

MACHINE REPAIRS: INSURANCE-CROPS

FUEL-TRACTOR INSECTICIDES:

PUEL-TRUCK
WEED CONTROL
MATERIAL,
FUEL-OTHER LIMING MATERIAL TAXES-REAL ESTATE
CUSTOM WORK AND FERTILIZER TAXES PERSONAL
FEEO PURCHASED OR
SUPPLIED
LIVESTOCK EXPENSES:

7. Record of expenses. The tenant will keep a record of expenses furnished by the landlord, and settlement will be madeby mutual agreement
or at the time that final rent payment is due,

+ 8. Additional agreements relative to expenses: (64)
Date Filed
Superior
Docket "iin
cba tfebay4: 26 5883787428 FORNIBROSOTL PAGE 48
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FSA-1940-53 (06-11-02) Page
6 of 7

E. TERM OF LEASE
J. Term. The term of this lease shall be (65,
August 1st 6?) 20 to
5 year(s) from (66)
(63) August 69) 2025 and this iease shall continue in effect from year to year thereafter until written notice of
termination is given by either party to the other at least (70) months before expiration of this lease or any renewal.

2, Continuous occupancy. The farm will be possessed and occupied continvousty during the term of the lease by the tenant or the tenant's
agent.

3. Surrender of pessesston. The tenant agrees to surrender possession and occupancy of the premises peaceably at the termination of the lease,

4. Review
of lease. A request for genetal
review of the lease may be made at least (71) days priot to the final date for giving
notice to terminate
this lease. Amendments and alterations to this lease shail be made in writing.

F. MISCELLANEOUS PROVISIONS

1. Na partnership created, This lease shall not be deemed to give tise to a partnership relation, and neither party shalt have authorityto
obligate the other without written consent, except as specifically provided in this lease.

2. Government programs. The farm will be operated in compliance with Government programs as follows:

(7)

3, Debts and accidents. Each party agrees that the other party shall in no way be responsible for the debts of, ar liabilities for accidents or
damages caused by, the other party.

4. Willful neglect. Willful neglect, failure, or refusal by either party to carry out any substantial provision of this lease shall give the other
party the benefits of any proceedings provided by law.

45. Arbitration ofdifferences. Any differences between the parties as to their several rights and obligations under this lease that are not settted
‘by mutual agreement after thorough discussion, shall be submitted for arbitration to a committee of three disinterested persons, one selected by each
party hereto and the third by the two thus selected; and the committee's decision shall be accepted by both parties.

. Landlord subordination. In consideration of loan(s) to be made by the Parm Service Agency (FSA) the landlord hereby subordinates in
favor of the FSA any lien the landlord now has or may acquire in or on: (a) the livestock
and farm equipment purchased or refinanced by the tenant with
FSA loan{s); {b) the crops, livestock increase
and livestock products of the tenant (except a lien on such property produced in any year for that year’s
tent); (c) any other Jivestock and farm equipment owned by the tenant to the extent such lien is to secure advances to be made or supplies to
be furnished
by the landlord.
7, Additional agreements:

(73)
Date Filed
Superior
Docket Lain
Bat tByiebiay
| 84:20 5883787428 FORNIBROSOIL, PAGE 49
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FSA-1940-53 (06-11-02) Page
7 of 7

IN WITNESS WHEREOF, the parties have signed this lease on the date first above whitten.
Re,

(75) {SEAL}
‘Witness: We
[SEAL]

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Complaint,Petition: Liberty Mutual Fire Insurance Company vs. Ford, James et al

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