Common use of Fixture Financing Statement Clause in Contracts

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 of the lien hereof, or to extend the effectiveness thereof, under the Uniform Commercial Code of the State 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. Mortgagor 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 Mortgage.

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(c502(b) 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 Real Property and the goods described herein, which Personalty and goods are or are to become fixtures related to the Real Property (collectively, with the Personalty and all replacements of such propertyother items described in Section 2.3 above, all substitutions for such property, additions referred to such property, and herein as 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 Recorder of Titles Deeds 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 XxxxxxG&E XX XXXX XX St. Xxxxxxx Xxxxxxxxx MOB, LLC c/o KBS Capital Advisors Grubb & Xxxxx Equity Advisors, LLC 000 Xxxxxxx 0000 Xxxxx Xxxxxx XxxxxXxxxxx, Xxxxx 0000 Xxxxxxx Xxxxx000 Xxxxx Xxx, Xxxxxxxxxx XX 00000 (b) Name and Address of Secured Party: Bank of America, N.A. 0 Xxxx XxxxxN.A., as Administrative Agent 000 Xxxxx 000 XxXxxxx Xxxxxx, Xxxxxxxxxx 00xx Xxxxx Xxxxxxx, Xxxxxxxx 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 chief executive office is located in the State of California. (f) Debtor’s state of formation is Delaware. (fg) Debtor’s exact legal name is as set forth in the first paragraph of this Mortgage. (gh) Debtor’s organizational identification number is 52712364835622. (hi) Debtor agrees that: (1i) 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 obtaining an acknowledgment from the third party that it is holding such Collateral for the benefit of Beneficiary; (2ii) 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 (3iii) Until the Obligations are paid in full, Mortgagor will not change the state where it is located or change its company name without giving Beneficiary at least thirty (30) days prior written noticenotice in each instance. 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 of the lien hereof, or to extend the effectiveness thereof, under the Uniform Commercial Code of the State 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. Mortgagor 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 Mortgage.

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 Mortgagee 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 Mortgagee (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 Xxxxxx000 Xxxx Xxxxxxx, LLC c/o KBS Capital Advisors LLC 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000 000 Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 (b) Name and Address of Secured Party: Bank of America, N.A. 0 Xxxx 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxx0000 Xxxxxxx Xxxxx, 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 chief executive office is located in the state of California. (f) Debtor’s state of formation is Delaware. (fg) Debtor’s exact legal name is as set forth in the first paragraph of this Mortgage. (gh) Debtor’s organizational identification number is 5271236DE 5421583. (hi) Debtor agrees that: (1i) Where Collateral is in possession of a third party, Mortgagor will join with Beneficiary Mortgagee in notifying the third party of BeneficiaryMortgagee’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 BeneficiaryMortgagee; (2ii) Mortgagor will cooperate with Beneficiary Mortgagee in obtaining control with respect to Collateral consisting of: deposit accounts, investment property, letter of credit rights and electronic chattel paper; and (3iii) Until the Obligations are paid in full, Mortgagor will not change the state its company name without giving Beneficiary Mortgagee at least thirty (30) days prior written notice. Mortgagor hereby appoints Beneficiary Mortgagee 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 Mortgagee deems reasonably 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 of the State 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. Mortgagor shall pay to BeneficiaryMortgagee, from time to time, upon demand, any and all costs and expenses incurred by Beneficiary Mortgagee 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 Mortgage.

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(c502(b) 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 Real Property and the goods described herein, which Personalty and goods are or are to become fixtures related to the Real Property (collectively, with the Personalty and all replacements of such propertyother items described in Section 2.5 above, all substitutions for such property, additions referred to such property, and herein as 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 Recorder of Titles Deeds 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 XxxxxxG&E HX XXXX XX Lxxxxxx MOB, LLC c/o KBS Capital Advisors Grubb & Exxxx Equity Advisors, LLC 000 Xxxxxxx 1000 Xxxxx Xxxxxx XxxxxXxxxxx, Xxxxx 0000 Xxxxxxx Xxxxx000 Xxxxx Xxx, Xxxxxxxxxx 00000 (b) Name and Address of Secured Party: Bank of America, N.A. 0 Xxxx XxxxxN.A., as Administrative Agent 100 Xxxxx 000 XxXxxxx Xxxxxx, Xxxxxxxxxx 00xx Xxxxx Xxxxxxx, Xxxxxxxx 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 chief executive office is located in the State of California. (f) Debtor’s state of formation is Delaware. (fg) Debtor’s exact legal name is as set forth in the first paragraph of this Mortgage. (gh) Debtor’s organizational identification number is 52712364776014. (hi) Debtor agrees that: (1i) 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 obtaining an acknowledgment from the third party that it is holding such Collateral for the benefit of Beneficiary; (2ii) 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 (3iii) Until the Obligations are paid in full, Mortgagor will not change the state where it is located or change its company name without giving Beneficiary at least thirty (30) days prior written noticenotice in each instance. 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 of the lien hereof, or to extend the effectiveness thereof, under the Uniform Commercial Code of the State 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. Mortgagor 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 Mortgage.

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 Mortgagee 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 Mortgagee (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 000 Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 (b) Name and Address of Secured Party: Bank of America, N.A. 0 Xxxx 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxx0000 Xxxxxxx Xxxxx, 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 DE 5271236. (h) Debtor agrees that: (1i) Where Collateral is in possession of a third party, Mortgagor will join with Beneficiary Mortgagee in notifying the third party of BeneficiaryMortgagee’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 BeneficiaryMortgagee; (2ii) Mortgagor will cooperate with Beneficiary Mortgagee in obtaining control with respect to Collateral consisting of: deposit accounts, investment property, letter of credit rights and electronic chattel paper; and (3iii) Until the Obligations are paid in full, Mortgagor will not change the state its company name without giving Beneficiary Mortgagee at least thirty (30) days prior written notice. Mortgagor hereby appoints Beneficiary Mortgagee 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 Mortgagee deems reasonably 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 of the State 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. Mortgagor shall pay to BeneficiaryMortgagee, from time to time, upon demand, any and all costs and expenses incurred by Beneficiary Mortgagee 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 Mortgage.

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(c502(b) of the Uniform Commercial Code of the State with respect to all sums on deposit with the Beneficiary Administrative Agent 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 Administrative Agent (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 FSP 00 Xxxxx Xxxxx XxxxxxXxxxxx Corp. 000 Xxxxxxxxx Xxxxx Xxxxxxxxx, LLC c/o KBS Capital Advisors LLC 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx Xxxxx, Xxxxxxxxxx Xxxxxxxxxxxxx 00000 (b) Name and Address of Secured Party: Party (from which information concerning the security interests may be obtained): Bank of America, N.A. 0 Xxxx XxxxxN.A., Xxxxx as Administrative Agent 000 Xxxxxxxx Xxxxxx MA1-225-02-04 Xxxxxx, Xxxxxxxxxx Xxxxxxxxxxxxx 00000 (c) This document covers goods which are or are to become fixtures. (d) Debtor is the record owner of the Real Property. (e) Debtor’s chief executive office is located in the Commonwealth of Massachusetts. (f) Debtor’s state of formation is Delaware. (fg) Debtor’s exact legal name is as set forth in the first paragraph of this Mortgage. (gh) Debtor’s organizational identification number is 52712364217528. (hi) Debtor agrees that: (1i) Where Collateral is in possession of a third party, Mortgagor will join with Beneficiary Administrative Agent in notifying the third party of BeneficiaryAdministrative Agent’s interest and will use commercially reasonable efforts to obtain obtaining an acknowledgment from the third party that it is holding such Collateral for the benefit of BeneficiaryAdministrative Agent; (2ii) Mortgagor will cooperate with Beneficiary Administrative Agent in obtaining control with respect to Collateral consisting of: deposit accounts, investment property, letter of credit rights and electronic chattel paper; and (3iii) Until the Obligations are paid in full, Mortgagor will not change the state where it is located or change its company name without giving Beneficiary Administrative Agent at least thirty (30) days prior written noticenotice in each instance. Mortgagor hereby appoints Beneficiary Administrative Agent 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 Administrative Agent deems reasonably 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 of the State 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. Mortgagor shall pay to BeneficiaryAdministrative Agent, from time to time, upon demand, any and all costs and expenses incurred by Beneficiary Administrative Agent 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 Mortgage.

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(c502(b) 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 Real Property and the goods described herein, which Personalty and goods are or are to become fixtures related to the Real Property (collectively, with the Personalty and all replacements of such propertyother items described in Section 2.3 above, all substitutions for such property, additions referred to such property, and herein as 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 Recorder of Titles Deeds 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 XxxxxxG&E XX XXXX XX Parkway Medical Center, LLC c/o KBS Capital Advisors Grubb & Xxxxx Equity Advisors, LLC 000 Xxxxxxx 0000 Xxxxx Xxxxxx XxxxxXxxxxx, Xxxxx 0000 Xxxxxxx Xxxxx000 Xxxxx Xxx, Xxxxxxxxxx XX 00000 (b) Name and Address of Secured Party: Bank of America, N.A. 0 Xxxx XxxxxN.A., as Administrative Agent 000 Xxxxx 000 XxXxxxx Xxxxxx, Xxxxxxxxxx 00xx Xxxxx Xxxxxxx, Xxxxxxxx 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 chief executive office is located in the State of California. (f) Debtor’s state of formation is Delaware. (fg) Debtor’s exact legal name is as set forth in the first paragraph of this Mortgage. (gh) Debtor’s organizational identification number is 52712364780133. (hi) Debtor agrees that: (1i) 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 obtaining an acknowledgment from the third party that it is holding such Collateral for the benefit of Beneficiary; (2ii) 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 (3iii) Until the Obligations are paid in full, Mortgagor will not change the state where it is located or change its company name without giving Beneficiary at least thirty (30) days prior written noticenotice in each instance. 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 of the lien hereof, or to extend the effectiveness thereof, under the Uniform Commercial Code of the State 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. Mortgagor 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 Mortgage.