Common use of Grant of Security; Incorporation by Reference Clause in Contracts

Grant of Security; Incorporation by Reference. This Deed of Trust shall, in addition to constituting a mortgage lien on those portions of the Trust Property classified as real property (including fixtures to the extent they are real property), constitute a security agreement within the meaning of the Uniform Commercial Code or within the meaning of the common law with respect to those parts of the Trust Property classified as personal property (including fixtures to the extent they are personal property) to the extent a security interest therein can be created by this Deed of Trust. The Trustor hereby grants to the Beneficiary a security interest in and to the following property whether now owned or hereafter acquired (collectively, the "Secured Property") for the benefit of the Beneficiary to further secure the payment and performance of the Obligations: (a) Those parts of the Trust Property classified as personal property (including (i) fixtures to the extent they are personal property and (ii) personal property and fixtures that are leased, but only to the extent the Trustor can grant to the Beneficiary a security interest therein without breaching the terms of such lease); (b) All general intangibles, contract rights, accounts and proceeds arising from all insurance policies required to be maintained by the Trustor and related to the Trust Property hereunder; (c) All proceeds of any judgment, award or settlement in any condemnation or eminent domain proceeding in connection with the Trust Property, together with all general intangibles, contract rights and accounts arising therefrom; (d) All permits, consents and other governmental approvals in connection with the construction of the Improvements or the operation of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; (e) All plans and specifications, studies, tests or design materials relating to the design, construction, repair, alteration or leasing of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; and (f) All cash and non-cash proceeds of the above-mentioned items. The provisions contained in the Security Agreement are hereby incorporated by reference into this Deed of Trust with the same effect as if set forth in full herein. In the event of a conflict between the provisions of this Article II and the Security Agreement, the Security Agreement shall control and govern and the Trustor shall comply therewith.

Grant of Security; Incorporation by Reference. This Deed of Trust Mortgage shall, in addition to constituting a mortgage lien on and security interest in those portions of the Trust Property classified as real property (including fixtures to the extent they are real property), constitute a security agreement within the meaning of the Uniform Commercial Code or within the meaning of the common law with respect to those parts of the Trust Property classified as personal property (including fixtures to the extent they are personal property) to the extent a security interest therein can be created by this Deed of TrustMortgage. The Trustor Mortgagor hereby grants to the Beneficiary Mortgagee a security interest in and to the following property whether now owned or hereafter acquired (collectively, the "“Secured Property"”) for the benefit of the Beneficiary Mortgagee to further secure the payment and performance of the its Applicable Obligations: (a) Those parts of the Trust Property classified as personal property (including (i) fixtures to the extent they are personal property and (ii) personal property and fixtures that are leased, but only to the extent the Trustor Mortgagor can grant to the Beneficiary Mortgagee a security interest therein without breaching the terms of such lease); (b) All general intangibles, contract rights, accounts and proceeds arising from all insurance policies required to be maintained by the Trustor Mortgagor and related to the Trust Property hereunder; (c) All proceeds of any judgment, award or settlement in any condemnation or eminent domain proceeding in connection with the Trust Property, together with all general intangibles, contract rights and accounts arising therefrom; (d) All permits, consents and other governmental approvals in connection with the construction of the Improvements or the operation of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; (e) All plans and specifications, studies, tests or design materials relating to the design, construction, repair, alteration or leasing of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; and (f) All cash and non-cash proceeds of the above-mentioned items. Amended and Restated Mortgage — Cherokee County, SC ; provided that notwithstanding the foregoing, Secured Property securing Existing Senior Notes Obligations and RAI Senior Notes Obligations shall be limited to Limited Property, as the case may be. The provisions contained in the Security Agreement are hereby incorporated by reference into this Deed of Trust Mortgage with the same effect as if set forth in full herein. In the event of a conflict between the provisions of this Article II and the Security Agreement, the Security Agreement shall control and govern and the Trustor Mortgagor shall comply therewith.

Grant of Security; Incorporation by Reference. This Deed of Trust shall, in addition to constituting a mortgage lien on those portions of the Trust Property classified as real property (including fixtures to the extent they are real property), constitute a security agreement within the meaning of the Uniform Commercial Code or within the meaning of the common law with respect to those parts of the Trust Property classified as personal property (including fixtures to the extent they are personal property) to the extent a security interest therein can be created by this Deed of Trust. The Trustor hereby grants to the Beneficiary a security interest in and to the following property whether now owned or hereafter acquired (collectively, the "“Secured Property"”) for the benefit of the Beneficiary to further secure the payment and performance of the its Applicable Obligations: (a) Those parts of the Trust Property classified as personal property (including (i) fixtures to the extent they are personal property and (ii) personal property and fixtures that are leased, but only to the extent the Trustor can grant to the Beneficiary a security interest therein without breaching the terms of such lease); (b) All general intangibles, contract rights, accounts and proceeds arising from all insurance policies required to be maintained by the Trustor and related to the Trust Property hereunder; (c) All proceeds of any judgment, award or settlement in any condemnation or eminent domain proceeding in connection with the Trust Property, together with all general intangibles, contract rights and accounts arising therefrom;; Amended and Restated Deed of Trust — ______ County, NC (d) All permits, consents and other governmental approvals in connection with the construction of the Improvements or the operation of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; (e) All plans and specifications, studies, tests or design materials relating to the design, construction, repair, alteration or leasing of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; and (f) All cash and non-cash proceeds of the above-mentioned items. ; provided that notwithstanding the foregoing, Secured Property securing Existing Senior Notes Obligations and RAI Senior Notes Obligations shall be limited to Limited Trust Property, as the case may be. The provisions contained in the Security Agreement are hereby incorporated by reference into this Deed of Trust with the same effect as if set forth in full herein. In the event of a conflict between the provisions of this Article II and the Security Agreement, the Security Agreement shall control and govern and the Trustor shall comply therewith.

Grant of Security; Incorporation by Reference. This Deed of Trust shall, in addition to constituting a mortgage lien on those portions of the Trust Property classified as real property (including fixtures to the extent they are real property), constitute a security agreement within the meaning of the Uniform Commercial Code or within the meaning of the common law with respect to those parts of the Trust Property classified as personal property (including fixtures to the extent they are personal property) to the extent a security interest therein can be created by this Deed Dxxx of Trust. The Trustor hereby grants to the Beneficiary a security interest in and to the following property whether now owned or hereafter acquired (collectively, the "“Secured Property"”) for the benefit of the Beneficiary to further secure the payment and performance of the its Applicable Obligations: (a) Those parts of the Trust Property classified as personal property (including (i) fixtures to the extent they are personal property and (ii) personal property and fixtures that are leased, but only to the extent the Trustor can grant to the Beneficiary a security interest therein without breaching the terms of such lease); (b) All general intangibles, contract rights, accounts and proceeds arising from all insurance policies required to be maintained by the Trustor and related to the Trust Property hereunder; (c) All proceeds of any judgment, award or settlement in any condemnation or eminent domain proceeding in connection with the Trust Property, together with all general intangibles, contract rights and accounts arising therefrom; (d) All permits, consents and other governmental approvals in connection with the construction of the Improvements or the operation of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; (e) All plans and specifications, studies, tests or design materials relating to the design, construction, repair, alteration or leasing of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; and (f) All cash and non-cash proceeds of the above-mentioned items. ; provided that notwithstanding the foregoing, Secured Property securing Existing Senior Notes Obligations and RAI Senior Notes Obligations shall be limited to Limited Trust Property, as the case may be. The provisions contained in the Security Agreement are hereby incorporated by reference into this Deed of Trust with the same effect as if set forth in full herein. In the event of a conflict between the provisions of this Article II and the Security Agreement, the Security Agreement shall control and govern and the Trustor shall comply therewith.

Grant of Security; Incorporation by Reference. This Deed of Trust Mortgage shall, in addition to constituting a mortgage lien on and security interest in those portions of the Trust Property classified as real property (including fixtures to the extent they are real property), constitute a security agreement within the meaning of the Uniform Commercial Code or within the meaning of the common law with respect to those parts of the Trust Property classified as personal property (including fixtures to the extent they are personal property) to the extent a security interest therein can be created by this Deed of TrustMortgage. The Trustor Mortgagor hereby grants to the Beneficiary Mortgagee a security interest in and to the following property whether now owned or hereafter acquired (collectively, the "Secured Property") for the benefit of the Beneficiary Mortgagee to further secure the payment and performance of the Obligations: (a) Those parts of the Trust Property classified as personal property (including (i) fixtures to the extent they are personal property and (ii) personal property and fixtures that are leased, but only to the extent the Trustor Mortgagor can grant to the Beneficiary Mortgagee a security interest therein without breaching the terms of such lease); (b) All general intangibles, contract rights, accounts and proceeds arising from all insurance policies required to be maintained by the Trustor Mortgagor and related to the Trust Property hereunder; (c) All proceeds of any judgment, award or settlement in any condemnation or eminent domain proceeding in connection with the Trust Property, together with all general intangibles, contract rights and accounts arising therefrom; (d) All permits, consents and other governmental approvals in connection with the construction of the Improvements or the operation of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; (e) All plans and specifications, studies, tests or design materials relating to the design, construction, repair, alteration or leasing of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; and (f) All cash and non-cash proceeds of the above-mentioned items. The provisions contained in the Security Agreement are hereby incorporated by reference into this Deed of Trust Mortgage with the same effect as if set forth in full herein. In the event of a conflict between the provisions of this Article II and the Security Agreement, the Security Agreement shall control and govern and the Trustor Mortgagor shall comply therewith.

Grant of Security; Incorporation by Reference. This Deed of Trust To Secure Debt shall, in addition to constituting a mortgage lien security interest on those portions of the Trust Property classified as real property (including fixtures to the extent they are real property), constitute a security agreement within the meaning of the Uniform Commercial Code or within the meaning of the common law with respect to those parts of the Trust Property classified as personal property (including fixtures to the extent they are personal property) to the extent a security interest therein can be created by this Deed of TrustTo Secure Debt. The Trustor Grantor hereby grants to the Beneficiary Grantee a security interest in and to the following property whether now owned or hereafter acquired (collectively, the "“Secured Property"”) for the benefit of the Beneficiary Grantee to further secure the payment and performance of the its Applicable Obligations: (a) Those parts of the Trust Property classified as personal property (including (i) fixtures to the extent they are personal property and (ii) personal property and fixtures that are leased, but only to the extent the Trustor Grantor can grant to the Beneficiary Grantee a security interest therein without breaching the terms of such lease); (b) All general intangibles, contract rights, accounts and proceeds arising from all insurance policies required to be maintained by the Trustor Grantor and related to the Trust Property hereunder; (c) All proceeds of any judgment, award or settlement in any condemnation or eminent domain proceeding in connection with the Trust Property, together with all general intangibles, contract rights and accounts arising therefrom;; Amended and Restated Deed to Secure Debt — Bxxx County, GA (d) All permits, consents and other governmental approvals in connection with the construction of the Improvements or the operation of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; (e) All plans and specifications, studies, tests or design materials relating to the design, construction, repair, alteration or leasing of the Trust Property, to the extent any of the same may be assigned, transferred, pledged or subjected to a security interest; and (f) All cash and non-cash proceeds of the above-mentioned items. ; provided that notwithstanding the foregoing, Secured Property securing Existing Senior Notes Obligations and RAI Senior Notes Obligations shall be limited to Limited Trust Property, as the case may be. The provisions contained in the Security Agreement are hereby incorporated by reference into this Deed of Trust To Secure Debt with the same effect as if set forth in full herein. In the event of a conflict between the provisions of this Article II and the Security Agreement, the Security Agreement shall control and govern and the Trustor Grantor shall comply therewith.