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<br />(13) this deed of trust is a legal, valid and binding agreement of Trustor, enforceable against Trustor in
<br />accordance with its terms, and any instrument or agreement required hereunder, when executed and
<br />delivered, will be similarly legal, valid, binding and enforceable;
<br />(14) there is no lawsuit, tax claim or other dispute pending or to Trustor's knowledge threatened against
<br />Trustor or the Property that, if determined adverse to Trustor, is reasonably likely to have a Material
<br />Adverse Effect;
<br />(15) Trustor is not the subject of any Judgment;
<br />(16) this deed of trust does not conflict with, nor is Trustor in default on any loan agreement, indenture,
<br />purchase agreement, guaranty, capital lease, or other investment, agreement, or arrangement presently
<br />in effect providing for or relating to extensions of credit in respect of which Trustor is in any manner
<br />directly or contingently obligated;
<br />(17) Trustor has filed all tax returns (federal, state, and local) required to be filed and has paid all taxes,
<br />assessments, and governmental charges and levies thereon, including interest and penalties;
<br />(18) before signing this deed of trust, Trustor researched, to the satisfaction of Trustor, and inquired into the
<br />previous uses and ownership of the Real Estate, and based on that due diligence, to the best of Trustor's
<br />knowledge, no Hazardous Substance has been disposed of or released or otherwise exists in, on, under or
<br />onto the Real Estate, except as Trustor has disclosed to Beneficiary in the Environmental Information;
<br />(19) Trustor has complied with all current laws, regulations and ordinances or other requirements of any
<br />governmental authority relating to or imposing liability or standards of conduct concerning protection of
<br />health or the environment or hazardous substances ( "Environmental Laws ");
<br />(20) Trustor has not received any notices of violations of any Applicable Laws (including Environmental Laws);
<br />and Trustor is in compliance with all Applicable Laws;
<br />(21) there are no claims, actions, proceedings or investigations pending or threatened against Trustor or
<br />affecting the Property with respect to any violations of Applicable Laws, including, without limitation, any
<br />Environmental Law;
<br />(22) Trustor's place of business, or its chief executive office, if it has more than one place of business, is
<br />located at the address opposite its signature below;
<br />(23) unless otherwise disclosed to Beneficiary, Trustor is not a "foreign person" within the meaning of Section
<br />1445 of the Internal Revenue Code of 1986;
<br />(24) there is no Event of Default or event which, with notice or lapse of time would be an Event of Default;
<br />(25) the Water Rights afford the continuing, enforceable right to receive irrigation water on the Property from
<br />such sources, in such quantities and at such times and locations as has historically been available to the
<br />Property without interruption or substantially increased cost and in any event, based on current
<br />projections, sufficient to provide adequate water and /or drainage to continue the current and proposed
<br />agricultural operations on the Property;
<br />(26) all irrigation wells and related facilities used to deliver irrigation water to any portion of the Property are
<br />physically located within the boundaries of such Property or the subject of valid, enforceable easements
<br />appurtenant to the Property and encumbered hereby. If the use of any irrigation facilities or water
<br />serving the Property requires consent or the use of other property, Trustor has obtained all requisite
<br />easements or other legally enforceable and assignable rights to use such facilities and /or water to service
<br />the Property; and
<br />Willoughby
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 197694
<br />7
<br />Rev. 1.7.2015
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