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Association regarding the health and performance of the Herd with respect to
Association's interest in the Herd.
5.
Special Services. In addition to the uniform boarding fee provided for in this
agreement, should Association request Dady Family Farm to perform any special services
beyond the boarding required under this Agreement, Boarder and Association shall agree
as to the amount of additional charges, if any, to be paid by Association to Boarder for
the special services.
6.
No Sales of Milk. Boarder and Association acknowledge that the sale of raw milk
may, at any time, be prohibited by the State of Tennessee. Under no circumstances shall
either Boarder or Association transfer the ownership or possession of any raw milk
production from the Herd in any transaction that would constitute a sale of milk in
violation of the statutes of the State of Tennessee. Boarder and Association each agrees
to indemnify and hold the other harmless for any liability, loss, damage, expense or
penalties which are incurred by the other because of a breach of the provisions of this
Section by the indemnifying party. Under no circumstances can the acquisition of any
owner’s share of the milk production be construed to be a milk sale. An owner cannot
buy from himself what he already owns.
7.
Lien for Charges; Enforcement.
A.
Boarder shall timely pay all expenses resulting from boarding and other
charges resulting from the boarding and care of the Herd. Association shall have, and
Boarder specifically grants to Association, a lien and security interest in the undivided
interest of the Herd for all unpaid boarding and other charges resulting from the boarding
and care of the animals, supplies, and other services.
B.
Boarder agrees that in the event the expenses incurred by Boarder are not
paid within the time provided herein or otherwise agreed between Boarder and
Association, Boarder may dispose of a reasonable number of the Herd for any and all
unpaid charges at public or private sale, with or without public notice, after ten (10) days
notice to Association. Regardless, Association's number of units constituting the measure
of Association's undivided interest in the Herd cannot be decreased.
8.
Ownership; Transfer.
A.
Boarder specifically represents and warrants to Association that Boarder is
the owner of the undivided interest in the Herd described in the recitals and has acquired
the interest in the Herd for Boarder's own use and benefit.
B.
Boarder shall not transfer or assign any of Boarder's rights or interests in
the Herd or under this Agreement without the prior written consent of Association, which
consent shall not be unreasonably withheld, and without the transferee or assignee having
entered into a Herd Agreement covering the interest being transferred or assigned prior to
or contemporaneously with the transfer or assignment. Boarder shall at no time and
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