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<br />2.06 Mineral Rights. Without limitation of the foregoing, Trustor irrevocably and unconditionally
<br />assigns and transfers to Beneficiary, all bonuses, delay rentals, royalties, production payments, and other sums
<br />payable or benefits accruing to Trustor under any and all oil, gas, coal, or other minerals leases now existing or
<br />hereafter entered into with respect to the Land. So long as there is no Event of Default, all such sums may
<br />continue to be paid to Trustor. Upon an Event of Default, Beneficiary may demand and receive all such sums to
<br />apply to pay Secured Obligations, expenses of leasing, operating, maintaining and managing the Property, taxes,
<br />charges, claims, assessments, any other liens, and premiums for insurance, in such amounts and in such order as
<br />Beneficiary deems appropriate. Trustor has not and will not grant any consent required of the owner of the
<br />Property for mining or other surface disturbance on the Property by the terms of any patent, deed, statute, law or
<br />otherwise, without the prior written consent of Beneficiary. This paragraph shall not obligate or require
<br />Beneficiary to subordinate its interests under this deed of trust to any oil, gas, coal, or other mineral lease or
<br />agreement.
<br />2.07 Wind Development Agreements. Without limitation of the foregoing, Trustor irrevocably and
<br />unconditionally assigns and transfers to Beneficiary, all bonuses, option payments, royalties, production payments,
<br />rents, payments, and other sums payable or benefits accruing to Trustor under any and all wind development
<br />agreements, easements, and leases now existing or hereafter entered into with respect to the Land. So long as
<br />there is no Event of Default, all such sums may continue to be paid to Trustor. Upon an Event of Default,
<br />Beneficiary may demand and receive all such sums to apply to pay Secured Obligations, expenses of leasing,
<br />operating, maintaining and managing the Property, taxes, charges, claims, assessments, any other liens, and
<br />premiums for insurance, in such amounts and in such order as Beneficiary deems appropriate. Trustor has not and
<br />will not grant any consent required of the owner of the Property for wind development on the Property by the
<br />terms of any deed, statute, law or otherwise, without the prior written consent of Beneficiary. This paragraph
<br />shall not obligate or require Beneficiary to subordinate its interests under this deed of trust to any wind
<br />development agreement, easement or lease.
<br />ARTICLE 3 — SECURITY AGREEMENT
<br />3.01 Grant of Security Interest. Trustor grants Beneficiary a security interest in and pledges and
<br />assigns to Beneficiary all of Trustor's right, title and interest in all Property to the extent and which may be
<br />characterized as personal property (the "Personalty "), including the Improvements, Equipment, and Water Rights.
<br />Trustor authorizes Beneficiary to file any UCC financing statements required by Beneficiary, from time to time, to
<br />perfect Beneficiary's security interest in the Property.
<br />3.02 Addresses of Debtor and Secured Party. The address of Trustor adjacent to its signature below
<br />is the mailing address of Trustor as debtor under the UCC. The address for Beneficiary specified in Article 9 is the
<br />address for Beneficiary as secured party under the UCC.
<br />3.03 Fixture Filing. This deed of trust constitutes a financing statement filed as a fixture filing under
<br />the UCC, covering any Property which now is or later may become a fixture attached to the Land or any
<br />Improvement. For this purpose, the "debtor" is Trustor, the "Secured Party" is Beneficiary and the collateral is the
<br />Property.
<br />ARTICLE 4 — SECURED OBLIGATIONS
<br />4.01 Secured Obligations. Subject to Section 4.05, Trustor makes the grant, conveyance, transfer and
<br />assignment in Article 1, makes the irrevocable and absolute assignment in Article 2, and grants the security
<br />interest under Article 3 to secure payment and performance of the following obligations (the "Secured
<br />Obligations ") in any order of priority that Beneficiary may choose:
<br />(1) all Obligations (defined in the Loan Agreement), including: (A) those evidenced by the Promissory Note
<br />dated as of the date of this deed of trust, from Trustor to Beneficiary in the original principal amount of
<br />Willoughby
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 197694
<br />4
<br />Rev. 1.7.2015
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