Fixture Financing Statement. From the date of its recording, this Mortgage shall be effective as a fixture financing statement within the purview of Section 9-502(c) of the Uniform Commercial Code of the State with respect to all sums on deposit with the Beneficiary pursuant to this Mortgage (“Deposits”), and with respect to the Personalty and the goods described herein, which Personalty and goods are or are to become fixtures related to the Property and all replacements of such property, all substitutions for such property, additions to such property, and the proceeds thereof (all of which shall be included in the meaning of the term “Collateral”). The addresses of Mortgagor (Debtor) and Beneficiary (Secured Party) are set forth below. This Mortgage is to be filed for recording with the Registrar of Titles of the county or the counties where the Property is located. For this purpose, the following information is set forth:
(a) Name and Address of Debtor: KBSIII 00 Xxxxx Xxxxx Xxxxxx, LLC c/o KBS Capital Advisors LLC 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx Xxxxx, Xxxxxxxxxx 00000
(b) Name and Address of Secured Party: Bank of America, N.A. 0 Xxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxxxxxxx 00000
(c) This document covers goods which are or are to become fixtures.
(d) Debtor is the record owner of the Property.
(e) Debtor’s state of formation is Delaware.
(f) Debtor’s exact legal name is as set forth in the first paragraph of this Mortgage.
(g) Debtor’s organizational identification number is 5271236.
(h) Debtor agrees that:
(1) Where Collateral is in possession of a third party, Mortgagor will join with Beneficiary in notifying the third party of Beneficiary’s interest and will use commercially reasonable efforts to obtain an acknowledgment from the third party that it is holding such Collateral for the benefit of Beneficiary;
(2) Mortgagor will cooperate with Beneficiary in obtaining control with respect to Collateral consisting of: deposit accounts, investment property, letter of credit rights and electronic chattel paper; and
(3) Until the Obligations are paid in full, Mortgagor will not change the state its company name without giving Beneficiary at least thirty (30) days prior written notice. Mortgagor hereby appoints Beneficiary as its attorney-in-fact to execute and file on its behalf any financing statements, continuation statements or other statements in connection therewith which Beneficiary deems reasonably necessary or reasonably advisable to preserve and maintain the priority...
Fixture Financing Statement. For purposes of Article Nine of the Michigan Uniform Commercial Code, (a) Mortgagor herein is the "debtor", (b) debtor's federal tax identification number is 00-0000000,
Fixture Financing Statement. This Indenture also is intended to serve as a fixture filing financing statement and as a financing statement with respect to goods or items, or other personal property that is or will be attached to the Real Property, as permitted under the Arizona Uniform Commercial Code and the Owner Lessor hereby authorizes this Indenture to so serve and to be filed and/or recorded as such. In addition, a photographic, electronic or other copy of this Indenture and/or any financing statement related hereto shall be sufficient for filing and/or recording as a financing statement. In connection therewith, the following information is provided:
(a) Name and address of Debtor: South Point OL-3, LLC c/o Wells Fargo Bank Northwest, National Association MAC U1254-031 79 South Main Street Salt Lake City, UT 84111 Xxxxxxxxx: (000) 000-0000 Xxxxxxxxx: (000) 246-5053 Attxxxxxx: Xxxxxrate Trust Services
(x) Xxxx and Address of Secured Party (from which information concerning the security interest may be obtained): State Street Bank and Trust Company of Connecticut, National Association, as Indenture Trustee 225 Asylum Street, Goodwin Square Hartford, CT 06103 Xxxxxxxxx: (000) 000-1822 Facsimile: (860) 244-1889 Atxxxxxxx: Xxxxorate Trust Department
(x) Xxx personal property covered by the security interest granted hereunder includes goods which are or are to become fixtures upon the real property described in Exhibit A hereto.
Fixture Financing Statement. 32 SECTION 9.05 Assignment of Rents................................................................... 32 SECTION 9.06 Future Advances....................................................................... 33 ARTICLE X INTERCREDITOR.......................................................................................... 33 EXHIBIT A - LEGAL DESCRIPTION MORTGAGE THIS MORTGAGE, (hereinafter, together with any and all amendments, supplements, modifications or restatements of any kind, referred to as this "Mortgage"), is made as of June 10, 2004, by D-M-E U.S.A. INC., a Michigan corporation, an office at 00000 Xxxxxxxxxx Xxxxxxx, Madison Heights, MI 48071 ("Mortgagor"), in favor of U.S. BANK NATIONAL ASSOCIATION, having an office at 000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxx 00000, as Trustee and Collateral Agent (in such capacity, together with its successors and assigns, "Mortgagee).
Fixture Financing Statement. 72 EXHIBITS Exhibit A Description of Facility Site Exhibit B Form of Lessor Note Exhibit C Form of Certificate of Authentication Exhibit D Description of the Facility APPENDIX A Definitions INDENTURE OF TRUST, MORTGAGE AND SECURITY AGREEMENT This INDENTURE OF TRUST, MORTGAGE AND SECURITY AGREEMENT (as amended, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this "Indenture"), dated as of October 18, 2001, between ROCKGEN OL-4, LLC, a Delaware limited liability company created for the benefit of the Owner Participant referred to below, as mortgagor (the "Owner Lessor") and STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT, NATIONAL ASSOCIATION as mortgagee on behalf of the Noteholders (the "Indenture Trustee") and as the Account Bank.
Fixture Financing Statement. This Indenture also is intended to serve as a fixture financing statement under the Wisconsin Uniform Commercial Codes. In connection therewith, the following information is provided:
(a) Name and address of Debtor: RockGen OL-1, LLC c/o Wells Fargo Bank Northwest, National Association MAC U1254-031 79 South Main Street Salt Lake City, UT 84111 Xxxxxxxxx: (000) 000-0000 Xxxxxxxxx: (000) 246-5053 Attxxxxxx: Xxxxxrate Trust Services
(x) Xxxx and Address of Secured Party (from which information concerning the security interest may be obtained): State Street Bank and Trust Company of Connecticut, National Association, as Indenture Trustee 225 Asylum Street, Goodwin Square Hartford, CT 06103 Xxxxxxxxx: (000) 000-1822 Facsimile: (860) 244-1889 Atxxxxxxx: Xxxxorate Trust Department
(x) Xxx personal property covered by the security interest granted hereunder includes goods which are or are to become fixtures upon the real property described in Exhibit A hereto.
Fixture Financing Statement. 55 Appendix A Definitions Exhibit A Description of Facility Exhibit A-1 Facility Assets Owned by Owner Lessor Exhibit B Description of Retained Assets Exhibit C Description of Facility Site Exhibit C-1 Description of Additional Facility Site Exhibit D-1 Form of Lessor Note ST Exhibit D-2 Form of Lessor Note LT Exhibit E Form of Certificate of Authentication Indenture of Trust, Mortgage, Assignment of Leases and Rents and Security Agreement This INDENTURE OF TRUST, MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT (this "Indenture"), dated as of May 8, 2001, between ROSETON --------- OL LLC, a Delaware limited liability company as mortgagor (the "Owner Lessor") ------------ and THE CHASE MANHATTAN BANK, a New York banking corporation, as mortgagee on behalf of the Noteholders (the "Lease Indenture Trustee"). -----------------------
Fixture Financing Statement. From the date of its recording, this Deed of Trust shall be effective as a fixture financing statement within the purview of the Uniform Commercial Code with respect to the Real Property and the goods described herein, which goods are or are to become fixtures related to the Real Property (collectively, with the Personalty and other items described in Section 2.3 above, referred to herein as the “Collateral”). The addresses of Grantor (Debtor) and Beneficiary (Secured Party) are set forth in the Preamble to this Deed of Trust. This Deed of Trust is to be filed for recording with the Recorder of Deeds of the county or the counties where the Property is located. Grantor hereby appoints Beneficiary as its attorney-in-fact to execute and file on its behalf any financing statements, continuation statements or other statements in connection therewith which Beneficiary deems necessary or reasonably advisable to preserve and maintain the priority of the lien hereof, or to extend the effectiveness thereof, under the Uniform Commercial Code or any other laws which may hereafter become applicable. This power, being coupled with an interest, shall be irrevocable so long as any part of the Obligations remains unpaid. Grantor shall pay to Beneficiary, from time to time, upon demand, any and all costs and expenses incurred by Beneficiary in connection with the filing of any such statements including, without limitation, reasonable attorneys’ fees and all disbursements and such amounts shall be part of the Obligations secured by this Deed of Trust.
Fixture Financing Statement. This Indenture also is intended to serve as a fixture financing statement under the Montana Uniform Commercial Code. In connection therewith, the following information is provided:
(a) Name and address of Debtor: Montana 0L3 LLC c/o Wilmington Trust Company Rodnxx Xxxare North 1100 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000-0000 Attention: Corporate Trust Administration
(b) Tax ID Number of Debtor: 13-41-000-16
(c) Name and Address of Secured Party (from which information concerning the security interest may be obtained): The Chase Manhattan Bank, as Lease Indenture Trustee Capital Markets Fiduciary Services 450 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000
(d) The personal property covered by the security interest granted hereunder includes goods which are or are to become fixtures upon the real property described in Exhibit A hereto.
Fixture Financing Statement. It is intended that as to the fixtures, as such term is defined in Ind. Code 26-1-9.1-102(41), that are part of the Property, this Instrument shall be effective as a continuously perfected financing statement filed pursuant to Ind. Code 26-1-9.1-515 as a fixture filing from the date of the filing of this Instrument for record with the Recorder of the County in which the Property is located. In order to satisfy Ind. Code 26-1-9.1-502(a) and Ind. Code 26-1-9.1-502(b), the following information is hereby provided: Name of Debtor: HC-2257 Xxxxxx Drive, LLC Address of Debtor: 0000 X. Xxx Xxxxx Xxxxxxxxx, Xxxxx 000 Xxxxx, Xxxxxxx 00000 Type of Organization: limited liability company State of Organization: Delaware State Organization Number: 5338519 Record Owner of Property: HC-2257 Xxxxxx Drive, LLC