Amended and Restated Deed of Trust. Assignment of Leases and Rents, Security Agreement and Fixture Filing, made as of July 29, 1997, by Borrower to The Public Trustee of the County of Arapahoe, Colorado, as trustee, to and for the benefit of McDonald's, relating to trust property located in Aurora, in the County of Arapahoe, in the State of Colorado. 8. Amended and Restated Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, made as of July 29, 1997, by Xxxxxxxx to McDonald's, relating to mortgaged property located in Schaumburg, in the County of Cook, in the State of Illinois. 9. Amended and Restated Mortgage, made as of July 29, 1997, by Xxxxxxxx to McDonald's, relating to mortgaged property located in Sterling Heights, in the County of Macomb, in the State of Michigan. 10. Open-End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Amended and Restated), made as of July 29, 1997, by Xxxxxxxx to McDonald's, relating to mortgaged property located in Forest Park, in the County of Xxxxxxxx, in the State of Ohio. 11.
Amended and Restated Deed of Trust. Assignment of Leases and Rents, Security Agreement and Fixture Filing, made as of July 29, 1997, by Borrower to The Public Trustee of the County of Arapahoe, Colorado, as trustee, to and for the benefit of McDonald's, relating to trust property located in Aurora, in the County of Arapahoe, in the State of Colorado.
Amended and Restated Deed of Trust. Assignment of Leases and Rents, Security Agreement and Fixture Filing, made as of July 29, 1997, by Borrower to Xxxxxxx X. Xxxxxxx, as trustee, to and for the benefit of McDonald's, relating to trust property located in Xxxx Valley, in the County of Bexar, in the State of Texas.
Amended and Restated Deed of Trust. TO HAVE AND TO HOLD the Secured Property and the rights hereby granted to Trustee for the use and benefit of Xxxxxx, its successors and assigns, forever IN TRUST to secure the following (collectively, the “Secured Debt”): One: Payment of an indebtedness in the amount of Three Hundred Twenty-Five Million Dollars ($325,000,000), with interest thereon, according to the terms of the Note, and the payment, performance and discharge of each and every obligation, covenant and agreement contained in the Note (including, without limitation, the applicable Prepayment Premium or Enhanced Payment Premium required in the Note), the Loan Agreement and other Loan Documents (collectively, the “Loan Indebtedness”). Two: Payment by Grantor of such additional sums with interest thereon as may hereafter be loaned by Xxxxxx to Grantor (including, without limitation, all sums loaned for the improvement, modification, conversion, rehabilitation, construction, renewal, replacement or refinement of the Secured Property or any part thereof) when evidenced by a promissory note or notes executed by Grantor stating expressly therein that it or they are secured hereby.
Amended and Restated Deed of Trust. If Lender reasonably determines that any one of the conditions specified in clauses (b)(i) through (vii) above is not satisfied in all material respects, then Lender may apply any Net Insurance Proceeds and/or Net Condemnation Proceeds received by Lender to repayment of the Secured Debt, in such order as Lender may determine in its sole and absolute discretion.
Amended and Restated Deed of Trust. This Deed of Trust amends, modifies, renews, extends, restates and replaces that certain Deed of Trust, Security Agreement and Financing Statement (the "ORIGINAL DEED OF TRUST") datedNovember 8, 2004, executed by Grantor to Gerald W. Gurney and/or John C. O'Shea, as Trustee, for the benefit ox Xxxxxx Xxxxxxxial Capixxx, XXX, xx xeneficiary thereunder, filed of record in the Real Property Records of Dallas County, Texas which Original Deed of Trust was subsequently assigned, conveyed and transferred as of the date hereof to Beneficiary and which secured that certain Promissory Note (the "ORIGINAL NOTE") dated November 8, 2004, in the original principal amount of SEVENTEEN MILLION AND NO/100 DOLLARS ($17,000,000.00) executed by Grantor, as the maker thereof, and payable to the order of Texans Commercial Capital, LLC, as the payee thereof, which Original Note has been subsequently assigned and endorsed as of the date hereof to Beneficiary. The Note is entitled to all of the liens, benefits and priorities of the Original Note as secured by the Original Deed of Trust as restated and replaced hereby. Except as modified pursuant to the terms hereof or of the other Loan Documents, the terms of the Original Note and the Original Deed of Trust are hereby ratified and reaffirmed in every respect and shall remain in full force and effect. All of the Grantor's obligations under the Original Note, as amended and replaced by the Note, shall be and are secured by the Original Deed of Trust, as restated and replaced hereby. Nothing herein contained shall be construed to impair the lien of the Original Deed of Trust or the priority thereof, and nothing herein contained shall affect or impair any right, power or remedy granted to the Beneficiary under the Original Note or the Original Deed of Trust or be considered as a waiver of any such right, power or remedy except as expressly provided herein. All of the terms of the Original Deed of Trust are superceded by and subsumed within the terms hereof; provided, however, that this Deed of Trust shall not operate to discharge, satisfy, cancel, release or repay, or be deemed a novation of, the indebtedness evidenced by the Original Note, which indebtedness is hereby expressly preserved and confirmed in all respects.
Amended and Restated Deed of Trust. Assignment of Leases and Rents, Security Agreement and Fixture Filing, made as of July 29, 1997, by Borrower to The Public Trustee of the County of Arapahoe, Colorado, as trustee, to and for the benefit of McDonald's, relating to trust property located in Aurora, in the County of Arapahoe, in the State of Colorado. 8. Amended and Restated Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, made as of July 29, 1997, by Borrower to McDonald's, relating to mortgaged property located in Schaumburg, in the County of Xxxx, in the State of Illinois. 9. Amended and Restated Mortgage, made as of July 29, 1997, by Borrower to McDonald's, relating to mortgaged property located in Sterling Heights, in the County of Macomb, in the State of Michigan.
Amended and Restated Deed of Trust. Assignment of Leases and Rents, Security Agreement and Financing Statement dated as of March 28, 2003 given by Choctaw County Trust, as grantor, to Tranche A Collateral Agent, as beneficiary.
Amended and Restated Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement, Assignment of Equipment Leases, Assignment of Permits and Fixture Filing for the Rockville Property.
Amended and Restated Deed of Trust. All references to the term "Deed of Trust" as utilized in the Environmental Agreement shall hereinafter be deemed to refer collectively to that certain Second Amended and Restated Deed of Trust and Security Agreement from Borrower to Agent of even date herewith, and to be recorded in the public records of Guilford County, North Carolina, and that certain Amended and Restated Deed of Trust and Security Agreement from Borrower to Agent of even date herewith, and to be recorded in the public records of Mecklenburg County, North Carolina.
