|
<br />"
<br />
<br />200804971
<br />
<br />'.
<br />
<br />"Lender"), all of their right, title, interest and estate in, to and under (i) any existing and future real estate leases or oil,
<br />gas, gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may hereafter
<br />come into existence, affecting all or any part of the real property secured hereby (collectively, as the same may be
<br />amended from time to time, the "Leases") and (ii) all profits, rents, revenues, bonuses, royalties, delay moneys, rights,
<br />benefits and other proceeds that may from time to time become due and payable under any Leases (collectively, the
<br />"Rents"). Notwithstanding the foregoing, prior to an event of default beyond any applicable notice and/or cure period,
<br />Lender grants Borrower a revocable license to enforce all provisions contained in the Leases and collect and use (subject
<br />to the terms and conditions of the Note and other loan documents) all Rents.
<br />
<br />Upon payment in full of the indebtedness hereinbefore described, the delivery and recording of a release, satisfaction or
<br />discharge of this Mortgage duly executed by Lender, this assignment of Leases and Rents shall terminate, become null
<br />and void and shall be of no further force and effect.
<br />
<br />And the Trustor covenants and agrees to and with the Trustee, that at the time of the ensealing of and delivery of these
<br />presents, he is well seized of the said premises in fee simple and has good right, full power, and lawful authority to grant,
<br />bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear of all liens and
<br />encumbrances whatever and the herein bargained premises in the quiet and peaceable possession of the Trustee against all
<br />and every person or persons lawfully claiming or to claim the whole or any part thereof, Trustor shall and will warrant and
<br />forever defend.
<br />
<br />And the Trustor hereby represents and warrants to Beneficiary (i) that the mortgaged premises does not have stored or
<br />contained on it any waste, asbestos, oil or petroleum hydrocarbons except as previously disclosed to Beneficiary in writing,
<br />pesticides or toxic or hazardous substances or any such materials, including such materials in underground storage tanks,
<br />other than those pesticides, herbicides and other agricultural chemicals, or products customarily used in agricultural and
<br />commercial operations of the type currently conducted by Trustor on the mortgaged premises; (ii) that Trustor has never
<br />been and is not now party to any litigation or administrative proceedings and none is presently threatened, which asserts or
<br />alleges that Trustor violated any federal, state or local environmental law, statute, or regulation or the common law of any
<br />state pertaining to the condition or use of real property; (iii) that neither Trustor nor the mortgaged premises is or has been
<br />subject to any judgment, decree, order or citation related to or arising out of any federal, state or local environmental law,
<br />statute, or regulation; (iv) as to all operations, including but not limited to the use of the pesticides, herbicides, other
<br />agricultural chemicals and oil or petroleum hydrocarbons so used in agricultural and commercial operations on the
<br />mortgaged premises, Trustor represents and warrants that during all previous times, and in the future times while Beneficiary
<br />has a mortgage interest in the mortgaged premises, Trustor has been and will be in compliance with all present and future
<br />federal, state and local environmental statutes, regulations, and ordinances and have and will secure and hold all applicable
<br />licenses and permits. Trustor shall, if required by Beneficiary, have an engineer satisfactory to Beneficiary perform an
<br />environmental investigation ofthe mortgaged premises including but not limited to soil and ground water analysis if deemed
<br />necessary by the engineer, to determine the existence and levels of hazardous substances on the mortgaged premises, and
<br />assess compliance with all applicable federal, state and local environmental laws, statutes and regulations. This Deed of
<br />Trust is conditioned on the engineer issuing a report prior to closing certifying that his inspection disclosed no evidence that
<br />the mortgaged premises contains above surface, surface or subsurface contamination by any hazardous waste, asbestos, oil or
<br />petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal, state or local environmental
<br />law, statute or regulation and that the Trustor is otherwise in compliance with the applicable laws, statutes and regulations
<br />referred to herein. Trustor hereby further represents and warrants to Beneficiary that it has not caused or permitted and
<br />Trustor will not hereafter cause or permit (i) the use of the mortgaged premises for any of (a) a sanitary landfill, (b) a dump,
<br />or (c) disposal of waste, oil or petroleum hydrocarbons, pesticides or toxic or hazardous substances as defined in any federal,
<br />state or local environmental law, statute or regulation of any kind, (ii) the deposit or location in, under or upon the mortgaged
<br />premises or any adjacent parcels thereto of any such waste, oil, pesticides, substances or materials in violation of any
<br />
<br />3
<br />
|