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2021.0605
<br />General. The scheduled maturity date of the Note is October 15, 2051. All persons who have or acquire
<br />an interest in the Property will be deemed to have received notice of, and will be bound by, the terms of the
<br />Note, this deed of trust and all other agreements and instruments evidencing and or securing the Loan
<br />(individually and collectively, the "Loan Documents"; provided, however, the Loan Documents specifically
<br />do not include the Unsecured Environmental Indemnity Agreement, dated as of the date hereof between,
<br />without limitation, Trustor and Beneficiary; that agreement, the "Environmental Indemnity"). The Loan
<br />Documents may include terms which permit or provide that the rate of interest on one or more of the
<br />Secured Obligations may vary from time to time. This deed of trust does not secure any indebtedness,
<br />liability or obligation that is expressly stated to be unsecured.
<br />ARTICLE 5 — WARRANTY AND COVENANTS
<br />Warranty of Title. Trustor represents and warrants that, other than the exceptions to title expressly listed
<br />on a schedule of exceptions to coverage in the final commitment for title insurance or pro forma policy of
<br />title insurance accepted by Beneficiary prior to the Closing (defined in the Note), Trustor lawfully possesses
<br />and holds fee simple title to all of the Land and Improvements; and that Trustor has the right, power and
<br />authority to mortgage, grant, convey and assign the Property. Trustor especially agrees and declares that
<br />the separate estate of each of them, whether vested, contingent or in expectancy, is hereby conveyed and
<br />shall be bound for the payment and performance of the Secured Obligations.
<br />Water Rights. Trustor represents and warrants that the Water Rights afford the continuing, enforceable
<br />right to receive irrigation water on the Property from such sources, in such quantities and at such times and
<br />locations as has historically been available to the Property without interruption or substantially increased
<br />cost and in any event, based on current projections, sufficient to provide adequate water and/or drainage
<br />to continue the current and proposed agricultural operations on the Property
<br />Performance of Secured Obligations. Trustor shall promptly pay and perform each Secured Obligation
<br />in accordance with its terms.
<br />Maintenance of Property. Trustor shall: maintain and preserve all rights and privileges Trustor now has
<br />in the Property; make any repairs, renewals or replacements to keep the Property in good working condition
<br />and repair; operate the Property, whether improved pastures, orchards, groves, grazing, timber, or crop
<br />lands, in a good and husband -like manner in accordance with accepted principles of sound agricultural and
<br />forestry practices in the area in which the Land is located; take all reasonable precautions to control wind
<br />and water erosion; fertilize improved pastures, if any, where necessary to maintain a good stand of
<br />desirable grasses; protect orchards and timber, if any, by reasonable precautions against loss or damage
<br />by fire including the maintenance of appropriate fire breaks; and neither remove nor permit the removal of
<br />any oil, gas, mineral, stone, rock, clay, or gravel owned by Trustor, or any timber, buildings, top soil, or
<br />fertilizer, without the prior written consent of Beneficiary.
<br />Water Rights. Trustor shall maintain the Water Rights during the term of the Loan at a level and of a nature
<br />sufficient to provide the continuing, enforceable right to receive irrigation water on the Property from such
<br />sources, in such quantities and at such times and locations as has historically been available to the Property
<br />without interruption or substantially increased cost and in any event sufficient to provide adequate water
<br />and/or drainage to continue the current and proposed agricultural operations on the Property. All existing
<br />Water Rights benefiting or available to the Property shall be maintained in full force and effect for the benefit
<br />of the Property by Trustor and applied to beneficial use so as to maintain the validity and priority of such
<br />rights. Trustor shall fully comply with, and not permit a default to occur under any water licenses, permits
<br />or delivery contracts used to provide water to the Property, and shall timely exercise all renewal or extension
<br />rights in such contracts. Trustor shall not modify, amend or terminate any Water Rights without
<br />Beneficiary's prior written consent. Trustor shall comply with the rules, regulations and ordinances of any
<br />water district, water agency or groundwater management agency in which the Property or any portion
<br />thereof is located and pay all related fees and assessments prior to delinquency. All irrigation wells and
<br />related facilities used to deliver irrigation water to any portion of the Property shall remain physically located
<br />within the boundaries of such Property or the subject of valid, enforceable easements appurtenant to the
<br />Harrenstein
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 202190
<br />4
<br />Rev. 03.17.2017
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