Common use of Further Assurances; After-Acquired Property Clause in Contracts

Further Assurances; After-Acquired Property. (A) At any time, and from time to time, upon request by the Grantee, the Grantor, at Grantor's expense, will make, execute and deliver or cause to be made, executed and delivered to the Grantee and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be re-recorded and/or refiled at such time and in such offices and places as shall be deemed desirable by the Grantee any and all such other and further mortgages, instruments of further assurance, certificates and other documents as may, in the opinion of the Grantee, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve the obligation of the Grantor under the Note and this Deed to Secure Debt, and the priority of this Deed to Secure Debt as a first and prior security title to all of the Property, whether now owned or hereafter acquired by the Grantor. Upon any failure by the Grantor so to do, the Grantee may make, execute, and record any and all such mortgages, instruments, certificates, and documents for and in the name of the Grantor, and the Grantor hereby irrevocably appoints the Grantee the agent and attorney-in-fact of the Grantor so to do. The rights and title hereunder automatically will attach, without further act, to all after-acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee has given value under the Note) attached to and/or used in the operation of the Property or any part thereof.

Further Assurances; After-Acquired Property. (A) At any time, time and from time to time, upon request by the GranteeAgent, the Grantor, at Grantor's expense, Grantor will make, execute and deliver or cause to be made, executed and delivered delivered, to the Grantee Agent and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be re-recorded rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by the Grantee Agent, any and all such other and further mortgages, deeds of trust, deeds to secure debt, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of the GranteeAgent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of the Grantor under the Note and Guaranty, this Deed to Secure Debt, Instrument or of Borrower and/or any other Person under the Credit Agreement and the priority of other Loan Documents and the Hedge Documents and (b) this Deed to Secure Debt Instrument as a first and prior lien upon and security title interest in and to all of the Property, whether now owned or hereafter acquired by Grantor, in each case, at no additional cost to Grantor (other than de minimis fees), and so long as such further acts do not increase the Grantorobligations of Grantor or diminish the rights of Grantor under the Loan Documents. Upon any failure by the Grantor so to do, the Grantee Agent may make, execute, and record, file, re-record and/or refile any and all such mortgages, deeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of the Grantor, Grantor and the Grantor hereby irrevocably appoints the Grantee Agent the agent and attorney-in-fact of the Grantor so to do. The rights and title hereunder lien hereof will automatically will attach, without further act, to all after-after acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee has given value under the Note) attached to and/or used in the operation of the Property or any part thereof.

Further Assurances; After-Acquired Property. (Aa) At any time, and from time to time, upon request by the GranteeLender, the GrantorMortgagor, at Grantor's Mortgagor’s expense, will make, execute and deliver or cause to be made, executed and delivered to the Grantee Lender and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be re-recorded and/or refiled at such time and in such offices and places as shall be deemed desirable by the Grantee Lender any and all such other and further mortgages, instruments of further assurance, certificates and other documents as may, in the opinion of the GranteeLender, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve the obligation of the Grantor Borrower under the Note and the Mortgagor under this Deed to Secure DebtMortgage, and the priority of this Deed to Secure Debt Mortgage as a first and prior security title to lien upon all of the Mortgaged Property, whether now owned or hereafter acquired by the GrantorMortgagor. Upon any failure by the Grantor Mortgagor so to do, the Grantee Lender may make, execute, and record any and all such mortgages, instruments, certificates, and documents for and in the name of the GrantorMortgagor, and the Grantor Mortgagor hereby irrevocably appoints the Grantee Lender the agent and attorney-in-fact of the Grantor Mortgagor so to do. The lien and rights and title hereunder automatically will attach, without further act, to all after-acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee Lender has given value under the Note) attached to and/or used in the operation of the Mortgaged Property or any part thereof.

Further Assurances; After-Acquired Property. (A) At any time, time and from time to time, upon request by the Granteefrom Mortgagee, the Grantor, at Grantor's expense, will Mortgagor shall make, execute and deliver deliver, or cause to be made, executed and delivered delivered, to the Grantee Mortgagee and, where appropriate, to cause to be recorded and/or filed or filed, or both, and from time to time thereafter to be re-recorded and/or refiled or refiled, or both, at such time and in such offices and places as shall be deemed desirable by the Grantee Mortgagee, any and all such other and further mortgages, security agreements, financing statements, continuation statements, instruments of further assuranceassurances, certificates and other documents as may, in the opinion of the GranteeMortgagee, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (i) the obligation obligations of the Grantor Mortgagor under this Mortgage and the Note and this Deed to Secure Debtother Operative Documents, and (ii) the priority lien and security interest of this Deed to Secure Debt Mortgage as a first and prior lien and security title to interest upon all of the Security Property, whether now owned or hereafter acquired by the GrantorMortgagor. Upon any failure by the Grantor Mortgagor to so to domake, the Grantee execute and deliver each of such documents after written demand, Mortgagee may make, execute, record, file, re-record and record refile, as appropriate, any and all such mortgages, security agreements, financing statements, continuation statements, instruments, certificates, certificates and documents for and in the name of the GrantorMortgagor, and the Grantor Mortgagor hereby irrevocably appoints the Grantee the Mortgagee as its agent and attorney-in-fact of the Grantor so to doin connection therewith. The rights lien and title hereunder security interest hereof will automatically will attach, without further act, to all after-acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee has given value under the Note) owned by Mortgagor attached to and/or or used in connection with the operation of the Security Property or any part thereof.

Further Assurances; After-Acquired Property. (A) At any time, and from time to time, upon request by the GranteeMortgagee, the Grantor, at Grantor's expense, Mortgagor will make, execute and deliver or cause to be made, executed and delivered delivered, to the Grantee Mortgagee and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be re-recorded and/or refiled re-filed at such time and in such offices and places as shall be reasonably deemed desirable by the Grantee Mortgagee, any and all such other and further mortgagesmortgages to secure debt or deeds of trust, security agreements, financing statements, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of the GranteeMortgagee, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation obligations of the Grantor Mortgagor under the Revolving Note and under this Deed to Secure DebtMortgage, and (b) the priority lien of this Deed to Secure Debt Mortgage as a first lien upon and prior security title in and to all of the PropertyPremises, whether now owned or hereafter acquired by the GrantorMortgagor. Upon any failure by the Grantor Mortgagor so to do, the Grantee Mortgagee may make, execute, and record, file, re-record and/or re-file any and all such mortgagesmortgages to secure debt or deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of the Grantor, Mortgagor and the Grantor Mortgagor hereby irrevocably appoints the Grantee Mortgagee the agent and attorney-in-fact of the Grantor Mortgagor so to do. The rights and title hereunder lien hereof will automatically will attach, without further act, to all after-of Mortgagor's right, title, and interest in and to after acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee has given value under the Note) attached to and/or used in the operation of the Property Premises or any part thereof.

Further Assurances; After-Acquired Property. (A) At any time, and from time to time, at Borrower’s expense and upon request by the GranteeLender, the Grantor, at Grantor's expense, will Borrower shall make, execute and deliver or cause to be made, executed and delivered delivered, to the Grantee Lender and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be re-recorded and/or refiled refilled at such time and in such offices and places as shall be deemed desirable by the Grantee Lender, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments of further assuranceassurances, certificates and other documents as may, in the opinion of the GranteeLender, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve preserve, [i] the obligation obligations of the Grantor under Borrower described in the Note and under this Deed to Secure Debt, of Trust and [ii] the priority lien of this Deed to Secure Debt of Trust as a first and prior lien upon and security title interest in and to all of the Property, whether now owned or hereafter acquired by Borrower, subject only to the GrantorPermitted Exceptions. Upon any failure by the Grantor Borrower so to do, the Grantee Lender may make, execute, and record, file, re-record and/or refile any and all such deeds to secure debt, mortgages, deeds of trust, security agreement, financing statements, continuation statements, instruments, certificates, certificates and documents for and in the name of the GrantorBorrower, and the Grantor Borrower hereby irrevocably appoints the Grantee Lender the agent and attorney-in-fact of the Grantor Borrower so to do. The rights lien and title hereunder security interest hereof shall automatically will attach, without further act, to all after-acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee has given value under the Note) attached to and/or used in the operation of the Property or any part thereof, to the extent permitted by law. [Signatures contained on next page.]

Further Assurances; After-Acquired Property. (A) At any time, and from time to time, at Borrower’s expense and upon request by the GranteeLender, the Grantor, at Grantor's expense, will Borrower shall make, execute and deliver or cause to be made, executed and delivered delivered, to the Grantee Lender and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be re-recorded and/or refiled refilled at such time and in such offices and places as shall be deemed desirable by the Grantee Lender, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments of further assuranceassurances, certificates and other documents as may, in the opinion of the GranteeLender, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve preserve, [i] the obligation obligations of the Grantor under Borrower described in the Note and under this Deed to Secure Debt, Mortgage and [ii] the priority lien of this Deed to Secure Debt Mortgage as a first and prior lien upon and security title interest in and to all of the Property, whether now owned or hereafter acquired by Borrower, subject only to the GrantorPermitted Exceptions. Upon any failure by the Grantor Borrower so to do, the Grantee Lender may make, execute, and record, file, re-record and/or refile any and all such deeds to secure debt, mortgages, deeds of trust, security agreement, financing statements, continuation statements, instruments, certificates, certificates and documents for and in the name of the GrantorBorrower, and the Grantor Borrower hereby irrevocably appoints the Grantee Lender the agent and attorney-in-fact of the Grantor Borrower so to do. The rights lien and title hereunder security interest hereof shall automatically will attach, without further act, to all after-acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee has given value under the Note) attached to and/or used in the operation of the Property or any part thereof, to the extent permitted by law.

Further Assurances; After-Acquired Property. (Aa) At any time, and from time to time, upon request by the Grantee, the Grantor, at Grantor's expense, will make, execute and deliver or cause to be made, executed and delivered to the Grantee and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be re-recorded and/or refiled at such time and in such offices and places as shall be deemed desirable by the Grantee any and all such other and further mortgages, instruments of further assurance, certificates and other documents as may, in the opinion of the Grantee, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve the obligation of the Grantor under the Note and this Deed to Secure Debt, and the priority of this Deed to Secure Debt as a first and prior security title to all of the Property, whether now owned or hereafter acquired by the Grantor. Upon any failure by the Grantor so to do, the Grantee may make, execute, and record any and all such mortgages, instruments, certificates, and documents for and in the name of the Grantor, and the Grantor hereby irrevocably appoints the Grantee the agent and attorney-in-fact of the Grantor so to do. The rights and title hereunder automatically will attach, without further act, to all after-acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee has given value under the Note) attached to and/or used in the operation of the Property or any part thereof. or any other person or entity, be and become subject to this Deed to Secure Debt and the lien hereof. In consideration of Grantee's making the Loan as aforesaid, and to secure the Loan, the Other Indebtedness and obligations set forth above, Grantor hereby grants, bargains, sells and conveys to Grantee, on the same terms as set forth in this Deed to Secure Debt and intended to be a part hereof, all such after-acquired property and estates.

Further Assurances; After-Acquired Property. (Aa) At any time, and from time to time, upon request by the Grantee, the Grantor, at Grantor's expense, will make, execute and deliver or cause to be made, executed and delivered to the Grantee and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be re-recorded and/or refiled at such time and in such offices and places as shall be deemed desirable by the Grantee any and all such other and further mortgages, instruments of further assurance, certificates and other documents as may, in the opinion of the Grantee, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve the obligation of the Grantor under the Note and this Deed to Secure Debt, and the priority of this Deed to Secure Debt as a first and prior security title to all of the Property, whether now owned or hereafter acquired by the Grantor. Upon any failure by the Grantor so to do, the Grantee may make, execute, and record any and all such mortgages, instruments, certificates, and documents for and in the name of the Grantor, and the Grantor hereby irrevocably appoints the Grantee the agent and attorney-in-fact of the Grantor so to do. The rights and title hereunder automatically will attach, without further act, to all after-acquired property (except consumer goods, other than accessions, not acquired within ten (10) days after the Grantee has given value under the Note) attached to and/or used in the operation of the Property or any part thereof.