DIRECT FINANCING LEASES AND OPERATING LEASES | 5– DIRECT FINANCING LEASES AND OPERATING LEASES Information as Lessor Under ASC Topic 842 To generate positive cash flow, as a lessor, the Trust leases its facilities to tenants in exchange for payments. The Trust’s leases for its railroad, solar farms and greenhouse cultivation facilities have lease terms ranging between 5 99 8,518,000 8,450,000 Direct Financing Leases The Railroad Lease provides for a base cash rental of $ 915,000 99 99 99 The Railroad Lease may be terminated by the lessee at the expiration of the initial term or any renewal term, or by default of NSC. In the event of termination, NSC is obligated to return to P&WV all properties covered by the Railroad Lease, together with sufficient cash and other assets to permit operation of the railroad for a period of one year. In addition, NSC would be obligated upon default or termination, to the extent NSC has not previously paid indebtedness due to P&WV, to settle remaining indebtedness owed to P&WV. The existing indebtedness owed to P&WV, including the ability of P&WV to make an immediate demand for payment of such amounts, was part of the subject of a multi-year litigation which concluded in 2017. Based on the outcome of the litigation, the indebtedness that has accrued on Power REIT’s tax books is deemed uncollectable and was written off for tax purposes in 2017. The amount of this indebtedness has not been reflected on P&WV’s financial statements which are consolidated into Power REIT’s financial statements and therefore for financial reporting purposes there was no change related thereto. P&WV has determined that the lease term is perpetual (for GAAP accounting purposes only) because it is perceived that it would be un-economic for the lessee to terminate and the Lessee has control over its actions with respect to default and has unlimited renewal options. Accordingly, as of January 1, 1983, the rentals receivable of $915,000 per annum, recognizing renewal options by the lessee in perpetuity, were estimated to have a present value of $9,150,000, assuming an implicit interest rate of 10%. The Trust has evaluated their long-lived assets for impairment and concluded there are no impairment indicators as of December 31, 2022. Operating Leases Lease revenue from solar land and CEA properties are accounted for as operating leases. Any such leases with rent escalation provisions are recorded on a straight-line basis when the amount of escalation in lease payments is known at the time Power REIT enters into the lease agreement, or known at the time Power REIT assumes an existing lease agreement as part of an acquisition (e.g., an annual fixed percentage escalation) over the initial lease term, subject to a collectability assessment, with the difference between the contractual rent receipts and the straight-line amounts recorded as “deferred rent receivable” or “deferred rent liability”. Collectability of contractual rent is assessed at quarter-end for each tenant receivable using various criteria including past collection issues, the current economic and business environment affecting the tenant and guarantees. If collectability of the contractual rent stream is not deemed probable, revenue will only be recognized upon receipt of cash from the tenant. During the year ended December 31, 2022, the trust incurred rental income of approximately $ 1,177,000 320,000 Due to significant price compression in the wholesale cannabis market, many of our cannabis related tenants are currently experiencing severe financial distress. The Trust has offered certain of its cannabis tenants’ relief by amending leases to several of its tenants whereby monthly cash payments are restructured over the course of the lease to lower rent payments during 2022 and increase rent payments in the future. These amendments were structured to not affect the total amount of rent from these leases. Unfortunately, during the fourth quarter of 2022, collections from the CEA portfolio has diminished to a nominal amount. The Trust is exploring strategic alternatives in respect to the CEA portfolio and has listed some of the assets for sale and may list additional assets. Below is a chart of operating leases for Power REIT as of December 31, 2022: SCHEDULE OF OPERATING LEASE INCOME Property Type/Name Size 1 Lease Start Term (yrs) Renewal Options Triple Net Lease Annual Straight-Line Rent ($) Rent Recorded 2022 ($) Rent Recorded 2021 ($) Solar Farm Lease PWSS 5.7 Dec-11 22 2 x 5-years Y 89,494 89,494 89,494 PWTS 4.0 Mar-13 25 2 x 5-years Y 32,500 32,500 32,500 PWTS 4.0 Mar-13 25 2 x 5-years Y 37,500 37,500 37,500 PWTS 4.0 Mar-13 25 2 x 5-years Y 16,800 16,800 16,800 PWTS 4.0 Mar-13 25 2 x 5-years Y 29,900 29,900 29,900 PWTS 4.0 Mar-13 25 2 x 5-years Y 40,800 40,800 40,800 PWRS 82.0 Apr-14 20 2 x 5-years Y 803,117 803,117 803,117 CEA Property Lease Jackson Farms - Tam 18 2,4,6 12,996 Jul-19 20 2 x 5-years Y 469,948 201,810 JAB - Mav 1 3,4,6 16,416 Jul-19 20 2 x 5-years Y 686,837 294,046 Mav 14 2,4,6 26,940 Feb-20 20 2 x 5-years Y 639,816 354,461 Green Street (Chronic) - Sherman 6 3,4,6 26,416 Feb-20 20 2 x 5-years Y 523,015 375,159 Jackson Farms - Mav 5 2,4,6 15,000 Nov-21 20 2 x 5-years Y 14,847 340,734 Sweet Dirt 48,238 May-20 20 2 x 5-years Y 1,947,084 1,839,873 1,292,904 Fifth Ace - Tam 7 3,4,6 18,000 Sep-20 20 2 x 5-years Y 411,084 261,963 Tam 14 2,4 24,360 Oct-20 20 2 x 20-years Y - 113,504 Tam 19 2,4 18,528 Dec-20 20 2 x 5-years Y 182,464 252,061 Apotheke - Tam 8 3,4 21,548 Jan-21 20 2 x 5-years Y 88,191 325,407 California 2,4,6 37,000 Feb-21 5 Y 916,272 1,019,826 PW Gas Station 3,4,6 24,512 Mar-21 20 2 x 5-years Y 300,305 311,631 PW Cloud Nine 2,4,5 38,440 Apr-21 20 2 x 5-years Y - 83,275 Walsenburg Cannabis (Greenhouse) 2,4,6 102,800 May-21 20 2 x 5-years Y 242,779 444,614 Walsenburg Cannabis (MIP) 3,4 Jan-22 10 2 x 5-years Y 17,511 - Oklahoma 2,4,6 40,000 Jun-21 20 2 x 5-years Y 125,695 277,512 Sherman 21 and 22 2,4,5,6 24,880 Jun-21 20 2 x 5-years Y (99,209 ) 291,209 Michigan 2,4 556,146 Sep-21 20 2 x 5-years Y - - Tam 4 and 5 2,4 27,988 Jan-22 20 2 x 5-years Y - 245,136 Nebraska 2,4,6 1,121,153 Apr-22 10 4 x 5-years Y 193,000 - Elevate & Bloom - Tam 13 3,4 9,384 May-22 20 2 x 5-years Y - - 2,997,195 7,602,539 7,535,363 1 1 Solar Farm Land size represents Megawatts and CEA property size represents greenhouse square feet 2 Property is vacant 3 Tenant is not current on rent/in default 4 Rent is being recognized on a cash basis 5 In litigation 6 Recognized security deposit as rent during 2022 The following is a schedule by years of minimum future rentals on non-cancelable operating leases as of December 31, 2022 for assets and assets held for sale where revenue recognition is considered on a straight-line basis: SCHEDULE OF MINIMUM FUTURE RENTALS ON NON-CANCELABLE OPERATION LEASES Assets Assets Held for Sale 2023 $ 885,506 $ 4,468,319 2024 894,312 2,605,747 2025 903,077 2,314,985 2026 912,192 1,584,134 2027 921,265 1,626,933 Thereafter 6,545,296 23,947,422 Total $ 11,061,648 $ 36,547,540 |