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202110605
<br />towed) (the "Equipment"); (4) easements, rights-of-way, and other rights and entitlements appurtenant to
<br />the Land or used in connection with the Land or as a means of access thereto; (5) other tenements,
<br />hereditaments and appurtenances to the Land; (6) rights to the use and enjoyment of water, whether
<br />surface or subsurface, whether riparian, appropriative, prescriptive or otherwise, and whether or not
<br />appurtenant, now or hereafter relating or available to the Land or Improvements or used in connection
<br />therewith: (A) water allocations, water banking rights or interests, carryover rights, supplemental water,
<br />storage and exchange rights drainage rights, distribution rights, storage rights, delivery rights, and other
<br />water -related rights or entitlements, whether available through any public or private irrigation projects,
<br />companies, districts, agencies or otherwise, together with all shares of stock evidencing any such rights or
<br />entitlements, and all voting rights and other rights and privileges that now or hereafter may exist with respect
<br />to such stock or with respect to participation, membership, or other involvement in any such projects,
<br />companies, districts, or agencies; (B) water and water inventory in storage; (C) rights under well, pump and
<br />filter sharing agreements; and (D) all easements, permits, licenses, leases, contracts, grants, reservations
<br />and any other rights and entitlements, however created, to drill, install and maintain wells, pumps and
<br />pipeline systems, or to use, appropriate, pump, extract, receive, transport, store or transfer water ("Water
<br />Rights"); (7) shares, and rights under such shares, of any private water company, mutual water company,
<br />or other non-governmental entity pursuant to which Trustor or the Property may receive water and any
<br />other certificated and uncertificated securities, securities entitlements, securities accounts and commodities
<br />accounts; (8) coal, oil, gas, and other hydrocarbon substances, geothermal resources, minerals, mineral
<br />interests, royalties, overriding royalties, production payments, net profit interests and other interests and
<br />estates in, under or produced from the Land and other coal, oil, gas, geothermal, and mineral interests with
<br />which any of the foregoing interests or estates are pooled or unitized and other "as -extracted collateral";
<br />(9) timber now or hereafter standing on or cut from the Land; (10) leases, subleases, licenses and other
<br />agreements, granting a possessory interest in and to, or the right to extract, mine, reside in, sell, or use the
<br />Property, (individually and collectively, the "Leases"); (11) permits and licenses relating or pertaining to the
<br />use or enjoyment of the Property; (12) proceeds of and any unearned premiums on any insurance policies
<br />covering the Property, including the right to receive and apply the proceeds of any insurance, judgments,
<br />or settlements made in lieu thereof, for damage to the Property ("Insurance Claims"); (13) all awards made
<br />for the taking by condemnation or the power of eminent domain, or by any proceeding or purchase in lieu
<br />thereof, of the whole or any part of the Land or Improvements ("Condemnation Awards"); (14) accessions,
<br />attachments and other additions to, substitutes or replacements for, all proceeds and products of, the
<br />Property; and (15) books, records and files relating to the Property, including computer readable memory
<br />and data and any computer software or hardware reasonably necessary to access and process such
<br />memory and data.
<br />ARTICLE 2 - ASSIGNMENT OF RENTS
<br />Trustor irrevocably and unconditionally assigns Beneficiary all rents and other benefits derived from the
<br />Leases, and all other issues, profits, royalties, bonuses, income and other proceeds of the Property,
<br />whether now due, past due or to become due, including all prepaid rents, security deposits and other
<br />supporting obligations (collectively, the "Rents").
<br />Notwithstanding the provisions of this Article 2, Beneficiary confers upon Trustor a revocable license to
<br />collect and retain the Rents as they become due and payable, so long as there is no Event of Default (the
<br />"License"). If an Event of Default has occurred, Beneficiary may terminate the License without notice to or
<br />demand upon Trustor.
<br />Subject to the License, Beneficiary has the right, power and authority to collect any and all Rents.
<br />Beneficiary, by its acceptance of this deed of trust does not assume any duty or obligation under the Leases.
<br />All lessees under the Leases are hereby irrevocably authorized and notified by Trustor to rely upon and to
<br />comply with (and are fully protected in so doing) any notice or demand by Beneficiary for the payment to
<br />Beneficiary of Rents, or for the performance of any of lessees' undertakings under the Leases, and lessees
<br />shall have no right or duty to inquire as to whether any Event of Default has actually occurred or is then
<br />Harrenstein
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 202190
<br />2
<br />Rev. 03.17.2017
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