Common use of Financing Statement and Fixture Filing Clause in Contracts

Financing Statement and Fixture Filing. This Mortgage is intended to be and constitutes a fixture filing pursuant to the provisions of the Uniform Commercial Code with respect to all fixtures included within the Mortgaged Property and is being recorded as a fixture financing statement and filing under the Uniform Commercial Code, and covers property, goods and equipment which are or are to become fixtures related to the Premises. Mortgagor covenants and agrees that this Mortgage is to be filed in the real estate records of the county where the Premises is located and shall also operate from the date of such filing as a fixture filing in accordance with Subsections 9‑502(b) and (c) and other applicable provisions of the Uniform Commercial Code. This Mortgage shall also be effective as a financing statement covering minerals or the like (including oil and gas) and accounts subject to the Uniform Commercial Code, as amended, and is to be filed for record in the real estate records of the county where the Premises is situated. Mortgagor shall be deemed to be the "debtor" and Mortgagee shall be deemed to be the "secured party" for all purposes under the Uniform Commercial Code. The full name of Mortgagor and Mortgagor's type of organization, and the full name of Mortgagee and Mortgagee's type of organization, are set forth on the signature page of this Mortgage. The mailing address of Mortgagor and Mortgagee are set forth in Section 5.5 (Notices) below. Mortgagor is the record owner of the Premises. Mortgagor grants to Mortgagee a security interest in all existing and future goods which are now or in the future become fixtures relating to the Premises and the proceeds thereof, including, without limitation, the goods and proceeds thereof described in Exhibit B. Mortgagor hereby authorizes Mortgagee to file any financing statement or financing statement amendment covering the Personal Property or relating to the security interested created herein without the signature of Mortgagor, as debtor. Mortgagor shall pay all costs of filing such financing statements and any extensions, renewals, amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements as Mortgagee may require. Without the prior written consent of Mortgagee, Mortgagor shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in such items, including replacements and additions thereto. Upon the occurrence and during the continuance of an Event of Default, Mortgagee will have the remedies of a secured party under the Uniform Commercial Code and, at Mortgagee's option, may also invoke the other remedies provided in this Mortgage.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

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Financing Statement and Fixture Filing. This Mortgage Deed of Trust is intended to be and constitutes a fixture filing pursuant to the provisions of the Uniform Commercial Code with respect to all fixtures included within the Mortgaged Property Trust Estate and is being recorded as a fixture financing statement and filing under the Uniform Commercial Code, and covers property, goods and equipment which are or are to become fixtures related to the Premises. Mortgagor Borrower covenants and agrees that this Mortgage Deed of Trust is to be filed in the real estate records of the county where the Premises is located and shall also operate from the date of such filing as a fixture filing in accordance with Subsections 9‑502(b9-502(b) and (c) and other applicable provisions of the Uniform Commercial Code. This Mortgage Deed of Trust shall also be effective as a financing statement covering minerals or the like (including oil and gas) and accounts subject to the Uniform Commercial Code, as amended, and is to be filed for record in the real estate records of the county where the Premises is situated. Mortgagor Borrower shall be deemed to be the "debtor" and Mortgagee Lender shall be deemed to be the "secured party" for all purposes under the Uniform Commercial Code. The full name of Mortgagor Borrower and MortgagorBorrower's type of organization, and the full name of Mortgagee Lender and MortgageeLender's type of organization, are set forth on the signature page of this MortgageDeed of Trust. The mailing address of Mortgagor Borrower and Mortgagee Lender are set forth in Section 5.5 (Notices) below. Mortgagor Borrower is the record owner of the Premises. Mortgagor Borrower grants to Mortgagee Lender a security interest in all existing and future goods which are now or in the future become fixtures relating to the Premises and the proceeds thereof, including, without limitation, the goods and proceeds thereof described in Exhibit B. Mortgagor Borrower hereby authorizes Mortgagee Lender or Trustee to file any financing statement or financing statement amendment covering the Personal Property or relating to the security interested interest created herein without the signature of MortgagorBorrower, as debtor. Mortgagor Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements as Mortgagee Lender may require. Without the prior written consent of MortgageeLender, Mortgagor Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in such items, including replacements and additions thereto. Upon the occurrence and during the continuance of an Event of Default, Mortgagee Lender will have the remedies of a secured party under the Uniform Commercial Code and, at MortgageeLender's option, may also invoke the other remedies provided in this MortgageDeed of Trust.

Appears in 1 contract

Samples: Pro Dex Inc

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Financing Statement and Fixture Filing. This Mortgage is intended to be and constitutes a fixture filing pursuant to the provisions of the Uniform Commercial Code with respect to all fixtures included within the Mortgaged Property and is being recorded as a fixture financing statement and filing under the Uniform Commercial Code, and covers property, goods and equipment which are or are to become fixtures related to the Premises. Mortgagor Grantor covenants and agrees that this Mortgage is to be filed in the real estate records of the county where the Premises is located and shall also operate from the date of such filing as a fixture filing in accordance with Subsections 9‑502(b9-502(b) and (c) and other applicable provisions of the Uniform Commercial Code. This Mortgage shall also be effective as a financing statement covering minerals or the like (including oil and gas) and accounts subject to the Uniform Commercial Code, as amended, and is to be filed for record in the real estate records of the county where the Premises is situated. Mortgagor Grantor shall be deemed to be the "debtor" and Mortgagee shall be deemed to be the "secured party" for all purposes under the Uniform Commercial Code. The full name of Mortgagor Grantor and Mortgagor's Grantor’s type of organization, and the full name of Mortgagee and Mortgagee's ’s type of organization, are set forth on the signature page of this Mortgage. The mailing address of Mortgagor Grantor and Mortgagee are set forth in Section 5.5 (Notices) below. Mortgagor Grantor is the record owner of the Premises. Mortgagor Grantor grants to Mortgagee a security interest in all existing and future goods which are now or in the future become fixtures relating to the Premises and the proceeds thereof, including, without limitation, the goods and proceeds thereof described in Exhibit B. Mortgagor Grantor hereby authorizes Mortgagee to file any financing statement or financing statement amendment covering the Personal Property or relating to the security interested interest created herein without the signature of MortgagorGrantor, as debtor. Mortgagor Grantor shall pay all costs of filing such financing statements and any extensions, renewals, amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements as Mortgagee may require. Without the prior written consent of Mortgagee, Mortgagor Grantor shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in such items, including replacements and additions thereto. Upon the occurrence and during the continuance of an Event of Default, Mortgagee will have the remedies of a secured party under the Uniform Commercial Code and, at Mortgagee's ’s option, may also invoke the other remedies provided in this Mortgage.

Appears in 1 contract

Samples: Grubb & Ellis Healthcare REIT II, Inc.

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