Common use of Grant in Trust Clause in Contracts

Grant in Trust. TRUSTOR, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys, and assigns to TRUSTEE, in trust for the benefit of BENEFICARY, with power of sale, all estate, right title, and interest which TRUSTOR now has or may later acquire in and to that certain real property located in the Town of Los Gatos, County of Santa Xxxxx, State of California, described in the attached Exhibit A together with all of the following: (i) All improvements now or hereafter located or constructed on the PROPERTY and all replacements and additions thereto (“Improvements”); (ii) All easements, rights of way, appurtenances, and other rights used in connection with the PROPERTY or as a means of access thereto (“Appurtenances”); (iii) All fixtures now or hereafter attached to or used in and about the PROPERTY or the improvements located thereon or hereafter located or constructed on the PROPERTY, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to the improvements in any manner (“Fixtures and Equipment”); and (iv) All leases, subleases, licenses, and other agreements relating to use or occupancy of the PROPERTY (“Leases”) and all rents or other payments which may now or hereafter accrue or otherwise become payable to or for the benefit of TRUSTOR(“Rents”) (whether or not such Leases and Rents are permitted by the Resale Restriction Agreement). All of the above-referenced PROPERTY, Improvements, Appurtenance, Fixtures, and Equipment, Leases, and Rents are herein referred to collectively as the “SECURITY”.

Grant in Trust. TRUSTOR, in consideration of the promises herein recited and the trust herein created, hereby The Trustor irrevocably and unconditionally grants, transfers, conveys, transfers and assigns to TRUSTEEthe Trustee, in trust for the benefit of BENEFICARYtrust, with power of salesale and right of entry and possession, all estatethe entire right, right title, title and interest which TRUSTOR now has or may later acquire of Trustor in and to that certain real property located ("Land") situated in the Town of Los Gatos, County of Santa XxxxxAngeles County, State of California, and more particularly described in the attached Exhibit A attached hereto and made a part hereof, all right, title and interest that the Trustor otherwise now has or may hereafter acquire in the Land, together with all of right, title and interest that the followingTrustor now has or may hereafter acquire in: (i) All improvements buildings, structures, improvements, fixtures, equipment and appurtenances now and hereafter owned, constructed, located, erected, installed or hereafter located affixed by or constructed on behalf of the PROPERTY Trustor upon or appurtenant to the Land and all replacements and additions thereto substitutions therefor (“Improvements”"Facilities"); (ii) All appurtenances, improvements, easements, rights of waypipes, appurtenances, transmission lines or wires and other rights used in connection with the PROPERTY Land or as a means of access thereto thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Facilities (“"Appurtenances”"); (iii) All fixtures machinery, equipment and other personal property of the Trustor if the same is now or hereafter attached to located at or used in and about connection with the PROPERTY or the improvements located thereon or hereafter located or constructed on the PROPERTYFacilities, and all renewals or replacements thereof or articles in substitution and substitutions therefor, whether or not the same areexcluding however, or shall be attached to the improvements in any manner (“Fixtures and Equipment”); machinery, equipment and (iv) All leasesleases or subleases with respect to the Land, subleasesFacilities, licenses, Appurtenances and other agreements relating to use or occupancy of the PROPERTY Equipment (“"Leases”"); (v) and all rents All rentals or other payments which may now or hereafter accrue or otherwise become payable under the Leases to or for the benefit of TRUSTOR(“Rents”the Trustor together with all other income, rents, revenues, issues, profits, produced by the Land, Facilities, Appurtenances and Equipment (collectively the "Rents"); and (vi) (whether or not All earnings, accounts, products, inventory, damages, indemnifications, insurance proceeds and any other proceeds from any and all of such Land, Facilities, Appurtenances, Equipment, Leases and Rents are permitted including specifically, but without limitation, all deposits made with or other security given to utility companies and claims or demands relating to insurance or condemnation awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made by the Resale Restriction AgreementTrustor with respect thereto ("Proceeds"). ; All of the above-above referenced PROPERTYLand, ImprovementsFacilities, AppurtenanceAppurtenances, Fixtures, and Equipment, Leases, Rents and Rents Proceeds as hereby conveyed to the Trustee or made subject to the security interest herein described are herein collectively referred to collectively herein as the “SECURITY”"Property." The Trustor warrants and agrees that as of the date of recording of this Deed of Trust it has not entered into any sales agreement, option, assignment, sublease, pledge, mortgage, deed of trust, financing statement, security agreement or any other arrangement regarding the Property apart from the transactions referenced in or secured by this Deed of Trust and has not nor will execute any document or instrument referring to or covering the Property, or any part thereof, and no such documents or instruments are on file, recorded or in effect in any public office, other than Permitted Encumbrances and agrees that the Property is, and shall be, kept free from any lien, security interest, encumbrance or any other interest other than the Permitted Encumbrances. FOR THE PURPOSE OF SECURING:

Grant in Trust. TRUSTORTrustor, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys, conveys and assigns to TRUSTEETrustee, in trust for the benefit of BENEFICARYBeneficiary, with power of sale, all estate, right title, title and interest which TRUSTOR Trustor now has or may later acquire in and to that certain real property located in the Town City of Los GatosMenlo Park, County of Santa XxxxxSan Mateo, State of California, described in the attached Exhibit A and commonly known as: , CA 94025 (the “Property”) together with all of the following: (i) All all improvements now or hereafter located or constructed on the PROPERTY Property and all replacements and additions thereto (“Improvements”); (ii) All all easements, rights of way, appurtenances, appurtenances and other rights used in connection with the PROPERTY Property or as a means of access thereto (“Appurtenances”); (iii) All all fixtures now or hereafter attached to or used in and about the PROPERTY Property or the improvements located thereon or hereafter located or constructed on the PROPERTYProperty, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to the improvements in any manner (“Fixtures and Equipment”); and (iv) All all leases, subleases, licenses, licenses and other agreements relating to use or occupancy of the PROPERTY Property (“Leases”) and all rents or other payments which may now or hereafter accrue or otherwise become payable to or for the benefit of TRUSTOR(“RentsTrustor (“Rents”) (whether or not such Leases and Rents are permitted by the Resale Restriction Agreement). All of the above-referenced PROPERTYProperty, Improvements, Appurtenance, Fixtures, Fixtures and Equipment, Leases, Leases and Rents are herein referred to collectively as the “SECURITYSecurity”.

Grant in Trust. TRUSTORTrustor irrevocably grants and conveys the Land to Trustee, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys, and assigns to TRUSTEE, in trust for the benefit of BENEFICARYtrust, with power of sale, together with all estate, right titleimprovements now or hereafter erected on the property, and interest all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Beneficiary to collect and apply such rents), all of which TRUSTOR shall be deemed to be and remain a part of the Property secured by this Deed of Trust; and all of the foregoing, together with the Land are hereinafter referred to as the "Property". TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may later hereafter acquire in the Property and to that certain real property located in the Town of Los Gatos, County of Santa Xxxxx, State of California, described in the attached Exhibit A together with rents; TOGETHER WITH all of the following: (i) All improvements now or hereafter located or constructed on the PROPERTY and all replacements and additions thereto (“Improvements”); (ii) All easements, rights of way, appurtenances, rights-of-way and other rights used in connection with the PROPERTY therewith or as a means of access thereto thereto, including (“Appurtenances”); (iiiwithout limiting the generality of the foregoing) All all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of the Trustor now or hereafter affixed to or placed upon the Property; TOGETHER WITH all building materials and equipment now or hereafter delivered to said Property and intended to be installed herein; TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property; TOGETHER WITH all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages to the extent Beneficiary has an interest in such awards for taking as provided in Paragraph 4.1 herein; and TOGETHER WITH all Trustor’s interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the PROPERTY building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the improvements located thereon or hereafter located or constructed on activities conducted therein, similar to the PROPERTYone herein described and referred to, and all renewals or replacements thereof or articles in substitution therefortherefore, whether or not the same are, or shall be attached to the improvements said building or buildings in any manner manner. TOGETHER WITH all of Trustor’s interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs, and other personal property now or hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with the Property; all rents, issues and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service marks arising from or related to the Property and any business conducted thereon by Trustor; all replacements, additions, accessions and proceeds; and all books, records and files relating to any of the foregoing. All of the foregoing, together with the Property, is herein referred to as the “Security.” To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever. FOR THE PURPOSE OF SECURING (collectively the “Fixtures Secured Obligations”): (a) Payment of just indebtedness of Trustor to Beneficiary as set forth in the Fee Deferral Loan Note (as defined in Article 1 below) until paid or cancelled. Said principal and Equipment”)other payments shall be due and payable as provided in the Note. Said Note and all their terms are incorporated herein by reference, and this conveyance shall secure any and all extensions thereof, however evidenced; and (ivb) All leasesPayment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor’s obligation to advance said sums and the expiration of any applicable cure period, subleaseswith interest thereon as provided herein; and (c) Performance of every obligation, licenses, covenant or agreement of Trustor contained herein and other agreements relating to use or occupancy of in the PROPERTY Loan Documents (“Leases”) and all rents or other payments which may now or hereafter accrue or otherwise become payable to or for the benefit of TRUSTOR(“Rents”) (whether or not such Leases and Rents are permitted by the Resale Restriction Agreementdefined in Section 1.2 below). All of the above-referenced PROPERTYAND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Improvements, Appurtenance, Fixtures, and Equipment, Leases, and Rents are herein referred to collectively as the “SECURITY”.TRUSTOR COVENANTS AND AGREES:

Grant in Trust. TRUSTOR, in In consideration of the promises herein recited foregoing and for the trust herein createdpurpose of securing payment and performance of the Secured Obligations defined and described in Section 2, Trustor hereby irrevocably and unconditionally grants, transfers, conveys, transfers and assigns to TRUSTEETrustee, in trust for the benefit of BENEFICARYBeneficiary, with power of salesale and right of entry and possession, all estate, right titleright, title and interest which TRUSTOR Trustor now has or may later acquire in and to that certain real property located in the Town of Los GatosLand, County of Santa Xxxxx, State of California, described in the attached Exhibit A together with and all of the following, whether presently owned or hereafter acquired: (i) a. All improvements buildings, structures, and improvements, now or hereafter located or constructed on the PROPERTY and all replacements and additions thereto Land (“Improvements”); (ii) b. All appurtenances, easements, rights of way, appurtenancespipes, transmission lines or wires and other rights used in connection with the PROPERTY Land or the Improvements or as a means of access thereto thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Improvements and all existing and future privileges, rights, franchises and tenements of the Land, including all minerals, oils, gas and other commercially valuable substances which may be in, under or produced from any part of the Land, and all water rights, rights of way, gores or strips of land, and any land lying in the streets, ways, and alleys, open or proposed, in front of or adjoining the Land and Improvements (collectively, “Appurtenances”); (iii) c. All fixtures machinery, equipment, fixtures, goods and other personal property of the Trustor, whether moveable or not, now owned or hereafter acquired by the Trustor and now or hereafter attached to located at or used in and about connection with the PROPERTY Land, the Improvements or the improvements located thereon or hereafter located or constructed on the PROPERTYAppurtenances, and all renewals improvements, restorations, replacements, repairs, additions or replacements thereof or articles in substitution thereforsubstitutions thereto (collectively, whether or not the same are, or shall be attached to the improvements in any manner (“Fixtures and Equipment”); and; (iv) d. All existing and future leases, subleases, licenses, and other agreements relating to the use or occupancy of all or any portion of the PROPERTY Land or Improvements (collectively, “Leases”) ), all amendments, extensions, renewals or modifications thereof, and all rents rent, royalties, or other payments which may now or hereafter accrue or otherwise become payable thereunder to or for the benefit of TRUSTOR(“RentsTrustor, including but not limited to security deposits (collectively, “Rents”) ); e. All insurance proceeds and any other proceeds from the Land, Improvements, Appurtenances, Equipment, Leases, and Rents, including without limitation, all deposits made with or other security deposits given to utility companies, all claims or demands relating to insurance awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made by Trustor, and all condemnation awards or payments now or later made in connection with any condemnation or eminent domain proceeding (whether or not such Leases “Proceeds”); f. All revenues, income, rents, royalties, payments and Rents are permitted profits produced by the Resale Restriction AgreementLand, Improvements, Appurtenances and Equipment, whether now owned or hereafter acquired by Trustor (“Gross Revenues”); g. All architectural, structural and mechanical plans, specifications, design documents and studies produced in connection with development of the Land and construction of the Improvements (collectively, “Plans”); and h. All interests and rights in any private or governmental grants, subsidies, loans or other financing provided in connection with development of the Land and construction of the Improvements (collectively, “Financing”). All of the above-referenced PROPERTYinterests of Trustor in the Land, Improvements, AppurtenanceAppurtenances, Fixtures, and Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans and Rents Financing as hereby conveyed to Trustee or made subject to the security interest herein described are herein collectively referred to collectively herein as the “SECURITYProperty.”.

Grant in Trust. TRUSTOR, in In consideration and for the purpose of securing payment and performance of the promises herein recited and the trust herein createdSecured Obligations (as defined below), Trustor hereby irrevocably and unconditionally grants, transfersbargains, conveys, sells, transfers, and assigns to TRUSTEETrustee, in trust for the benefit of BENEFICARYBeneficiary, with power of salesale and right of entry and possession, all estate, right right, title, and interest which TRUSTOR Trustor now has or may later acquire in and to that certain the following properties (all or any part of such properties, or any interest in all or any part of it, as the context may require, collectively, the “Property”): (a) The real property properties located in the Town of Los GatosMarin County, County of Santa Xxxxx, State of California, as more fully described in the attached Exhibit A attached hereto and made a part hereof, together with all rights, privileges, easements, appurtenances, tenements, hereditaments, rights of way, appendages, projections, water rights including riparian and littoral rights and whether or not appurtenant, streets, ways, alleys, and strips and gores of land, now or hereafter in any way belonging, adjoining, crossing or pertaining to such real property (the “Land”); together with (b) All buildings, structures and improvements now located or later to be constructed on the Land (the “Improvements”) and all building materials, equipment, work in process or other personal property of any kind, whether stored on the Land or elsewhere, which have been or later will be acquired for the purpose of being delivered to, incorporated into or installed in or about the Land or Improvements and all existing and future as-extracted collateral produced from or allocated to the Land, including, all minerals, oil, gas, other hydrocarbons and associated substances, sulphur, nitrogen, carbon dioxide, helium and any other commercially valuable substances which may be in, under or produced from any part of the following:Land, and all products processed or obtained therefrom, and the proceeds thereof, and all development rights and credits, air rights, water, water courses, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant) and water stock, easements, rights- of-way, gores or strips of land, and any land lying in the streets, ways, alleys, passages, roads or avenues, open or proposed, in front of or adjoining the Land and Improvements; together with (c) All articles of personal property (including those specified below) and any software imbedded therein, now owned or hereafter acquired by Trustor and attached to, placed upon for an indefinite term, or used in connection with the Land and/or Improvements, together with all goods and other property that are, or at any time become, so related to the Property that an interest in them arises under real estate law, or they are otherwise a “fixture” under applicable law (each a “Fixture,” collectively “Fixtures”); together with (d) All existing and future leases, subleases, subtenancies, licenses, occupancy agreements, concessions, and other agreements of any kind relating to the use or occupancy of all or any portion of the Property, whether now in effect or entered into in the future (each a “Lease,” collectively, the “Leases”) relating to the use and enjoyment of all or any part of the Land and Improvements, all amendments, extensions, renewals, or modifications thereof (subject to Beneficiary’s right to approve same pursuant to the terms of the Loan Documents), and any and all guaranties of, and security for, lessees’ performance under any and all Leases, and all other agreements relating to or made in connection with any of such Leases; together with (e) All rents (and payments in lieu of rents), royalties, issues, profits, income, proceeds, payments, and revenues of or from the Property, and/or at any time payable under any and all Leases, including all rent loss insurance proceeds, prepaid rents and any and all security deposits received or to be received by Trustor pursuant to any and all Leases, and all rights and benefits accrued, or to accrue, to Trustor under any and all Leases (some or all collectively, as the context may require, “Rents”); together with (f) All goods, materials, supplies, chattels, furniture, fixtures, machinery, apparatus, fittings, equipment, and articles of personal property of every kind and nature whatsoever, including consumable goods, now or hereafter located in or upon the Property or any part thereof, or to be attached to or placed in or on, or used or useable in connection with any present or future use, enjoyment, occupancy or operation of all or any part of the Land and Improvements, whether stored on the Land or elsewhere, including by way of description but without limiting the generality of the foregoing, all computer systems, telephone and telecommunication systems, televisions and television systems, all software embedded within or used in connection with any of the property described above, pumps or pumping plants, tanks, motors, conduits, engines, pipes, ditches and flumes, and also all gas and electrical apparatus (including, but not limited to, all electrical transformers, switches, switch boxes, and equipment boxes), cooking, heating, cooling, air conditioning, sprinkler equipment, lighting, power equipment, ventilation, incineration, refrigeration and plumbing apparatus, fixtures and equipment, screens, storm doors and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ovens, ranges, disposals, dishwashers, carpeting, plants and shrubbery, ground maintenance equipment, ducts and compressors; together with all building materials, goods and personal property on or off the Property intended to be affixed to or incorporated in the Property but not yet affixed to or incorporated in the Property, all which shall be considered to the fullest extent of the law to be real property for purposes of this Deed of Trust; together with (g) All rights to the payment of money and all guaranties thereof and judgments therefor, and all accounts, accounts receivable, reserves, deferred payments, refunds of real property and personal property taxes and other refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all xxxxxxx money sales deposits) or deposited by Trustor with third parties (including all utility deposits), warranty rights, contract rights, management contracts, service contracts, construction and architectural contracts, contracts for the purchase and sale of the Property or any part thereof, end-loan or other financing commitments, development and use rights, governmental permits and licenses, applications, architectural and engineering plans, specifications and drawings, as-built drawings, chattel paper, instruments, documents, promissory notes, drafts, letters of credit (other than letters of credit in favor of Beneficiary), letter of credit rights (whether or not the letter of credit is evidenced by a writing), supporting obligations, and general intangibles, including payment intangibles, whether any of the foregoing are tangible or electronic, which arise from or relate to construction on the Land or to any business now or later to be conducted on it, or to the Land and Improvements generally and all deposit accounts of Trustor established pursuant to the Loan Agreement or Loan Documents and, to the extent not expressly prohibited by law, all federal, state, and local tax credits, and other tax benefits related to the Property; together with (h) All insurance policies (and the unearned premiums therefor) and bonds required by the Loan Documents and all proceeds thereof, and all proceeds (including all claims to and demands for them) of the voluntary or involuntary conversion of any of the Land, the Improvements, or the other property described above into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to, or defect in, the Land, the Improvements, or the other property described above or any part of them, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud, misrepresentation, or concealment of a material fact; together with (i) All improvements now or hereafter located or constructed on the PROPERTY books, records, and all replacements recorded data of any kind or nature (regardless of the medium of recording) pertaining to any and additions thereto (“Improvements”); (ii) All easementsall of the property described above, rights including records relating to tenants under any leases, and the qualification of waysuch tenants, appurtenancesand all certificates, vouchers, and other rights used documents in connection with the PROPERTY or as a means of access thereto (“Appurtenances”); (iii) All fixtures now or hereafter attached to or used in and about the PROPERTY or the improvements located thereon or hereafter located or constructed on the PROPERTYany way related thereto, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached records relating to the improvements in application and allocation of any manner federal, state, and local tax credits or benefits, including computer-readable memory and any computer hardware or software necessary to access and process such memory (collectively, the “Fixtures Books and EquipmentRecords”); andtogether with (ivj) All leasescommercial tort claims Trustor now has or hereafter acquires relating to any of the property described above; and together with (k) All products, subleases, licensesaccounts, and other agreements relating to use proceeds (cash or occupancy non-cash) of, additions, betterments, extensions, accessions and accretions to, substitutions, renewals and replacements for, and changes in any of the PROPERTY property described above, including all proceeds of any voluntary or involuntary disposition or claim respecting any such property (“Leases”arising out of any judgment, condemnation or award, or otherwise arising) and all rents or other payments which may now or hereafter accrue or otherwise become payable supporting obligations ancillary to or for the benefit of TRUSTOR(“Rents”arising in connection therewith, general intangibles (including payment intangibles) arising in connection therewith, and all goods, accounts, instruments, documents, promissory notes, chattel paper, deposit accounts, supporting obligations, and general intangibles (including payment intangibles) (whether any of the foregoing are tangible or not such Leases electronic), wherever located, acquired with cash proceeds of any of the foregoing or its proceeds. Trustor shall and Rents are permitted by the Resale Restriction Agreement). All of will warrant and forever defend the above-referenced PROPERTYbargained Property in the quiet and peaceable possession of Trustor, Improvementsits successors and assigns, Appurtenance, Fixtures, against all and Equipment, Leases, and Rents are herein referred every person or persons lawfully claiming or to collectively as claim the “SECURITY”whole or any part thereof. Trustor agrees that any greater title to the Property hereafter acquired by Trustor during the term hereof shall be subject hereto.