|
<br />200803604
<br />
<br />appertaining thereto; (3) Trustor's interest as lessor in all leases affecting said Real Estate; (4)
<br />all buildings, structures, improvements, fixtures, attachments, appliances, equipment, machinery
<br />and other articles now or hereafter erected on, affixed or attached to, or located in or on said
<br />Real Estate which are real property, and all substitutions, replacements, additions and
<br />accessions thereof or thereto; (5) all rents, issues, profits, royalties, bonuses, income and other
<br />benefits derived from or produced by said Real Estate (subject, however, to the assignment of
<br />rents and profits to Beneficiary herein); (6) all right, title, estate, interest, and other claim or
<br />demand, including, without limitation, all claims or demands to the proceeds of all insurance
<br />now or hereafter in effect with respect to said Real Estate, which Trustor now has or may
<br />hereafter acquire in said Real Estate, and all awards made for the taking by condemnation or
<br />the power of eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or
<br />any part of said Real Estate; (7) all rights of homestead and homestead exemption and any
<br />surviving spouse's marital or distributive share; and (8) all other contingent rights in and to the
<br />Real Estate.
<br />
<br />AND ALSO, Trustor, as debtor, irrevocably grants and assigns to Beneficiary, as
<br />secured party, a security interest in all of the following collateral which is personal property now
<br />or hereafter owned by Trustor or in which Trustor now or hereafter has any rights and which is
<br />now or hereafter located on or at, or affixed or attached to, or produced from, or used in
<br />connection with said Real Estate, including but not limited to: All personal property described in
<br />Exhibit "B" attached hereto and made a part hereof and articles of personal or mixed property of
<br />every kind and nature whatsoever, including, without limitation, all (a) goods, including without
<br />limitation, equipment and machinery (excluding, however, automobiles, trucks, tractors, trailers,
<br />wheeled vehicles, planting and tillage equipment), watering and irrigation apparatus, pumps,
<br />motors, generators, pipes, center pivot irrigators and sprinklers, windmills, fences, fixtures,
<br />fittings, appliances, farm products, crops growing or to be grown, timber standing or to be cut,
<br />minerals or the like (including oil and gas), raw materials, inventory and work in process; (b) all
<br />water stock and water rights and, to the extent listed on the attached Exhibit "B", all investment
<br />property, including without limitation, certificated and uncertificated securities, securities
<br />entitlements, securities accounts and commodities accounts, including all stock, bonds and
<br />commodities contracts; (c) all permits and licenses used in the operation of the Real Estate and,
<br />to the extent listed on the attached Exhibit "B", general intangibles, including without limitation
<br />payment intangibles and software; (d) accounts, including without limitation all of Trustor's right
<br />to any payment arising out of the sale, lease or license of all kinds of tangible and intangible
<br />personal property, contract rights, general intangibles, instruments, documents, chattel paper,
<br />accounts receivable, deposits, fees, charges and other payments, income and cash receipts
<br />that are otherwise described in this paragraph; (e) personal property of the same general kind or
<br />class as otherwise described in this paragraph which Trustor may now own or hereafter acquire,
<br />wherever located, used or usable in the operation of or relating to the Real Estate; and all
<br />products and proceeds from the sale or other disposal thereof, including, without limitation, all
<br />payments under any insurance policies, substitutions and replacements, additions, accessions
<br />of or to said collateral and any indemnity, warranty or guaranty relating to any of the foregoing
<br />(all of the foregoing property shall be hereinafter collectively referred to as the "Collateral"; the
<br />Real Estate and the Collateral shall hereinafter be collectively referred to as the "Property").
<br />PROVIDED HOWEVER, that nothing in this Deed of Trust shall prevent Grantor from obtaining
<br />secured crop financing which may include the perfection of a lien by the crop lender on the
<br />crops growing or to be grown for a period not to exceed the beginning of the next crop year. If
<br />
<br />6
<br />
<br />
<br />~~
<br />A,~~u-i ~
<br />~~;itJ
<br />
|