Common use of Grant of Security Interest; Fixture Filing Clause in Contracts

Grant of Security Interest; Fixture Filing. In order to further secure the payment of the secured obligations hereinafter referred to and the performance of the obligations, covenants, agreements, warranties, indemnities and undertakings of Mortgagor hereinafter described, Mortgagor does hereby grant to Mortgagee a security interest in and to the Mortgaged Properties (whether now owned or hereafter acquired by operation of law or otherwise) insofar as the Mortgaged Properties consists of personal property of any kind or character defined in and subject to the provisions of Article 9 of the Uniform Commercial Code as in effect from time to time as part of the laws applicable to this Mortgage (the “Applicable UCC”), (such personal property being the “Collateral”). Except as otherwise expressly provided in this Mortgage, all terms in this Mortgage relating to the Mortgaged Properties and the grant of the foregoing security interest which are defined in the Applicable UCC shall have the meanings assigned to them in Article 9 (or, absent definition in Article 9, in any other Article) of the Applicable UCC, as those meanings may be amended, revised or replaced from time to time. Notwithstanding the foregoing, the parties intend that the terms used herein which are defined in the Applicable UCC have, at all times, the broadest and most inclusive meanings possible. If the Applicable UCC shall in the future be amended or held by a court to define any term used herein more narrowly, or less inclusively, than the UCC in effect on the date of this Mortgage, such amendment or holding shall be disregarded in defining terms used in this Mortgage. This Mortgage constitutes a security agreement, fixture filing and financing statement as those terms are used in the Uniform Commercial Code of the State in which the Mortgaged Property is located (the “PA UCC”). For purposes of this Section 1.2, this Mortgage is to be filed and recorded in, among other places, the real estate records of the County in which the Mortgaged Properties are is located and the following information is included: (1) Mortgagor shall be deemed the “Debtor” with the address set forth for Mortgagor on the first page of this Mortgage which Mortgagor certifies is accurate; (2) Mortgagee shall be deemed to be the “Secured Party” with the address set forth for Mortgagee on the first page of this Mortgage and shall have all of the rights of a secured party under the PA UCC; (3) this Mortgage covers goods which are or are to become fixtures; (4) the name of the record owner of the Gas Leases and Surface Rights is Energy Corporation of America, the Debtor; (5) the organizational identification number of the Debtor is ; (6) the Debtor is a corporation organized under the laws of the State of West Virginia; and (7) the legal name of the Debtor is Energy Corporation of America. The Debtor hereby authorizes Mortgagee to file any financing statements and terminations thereof or amendments or modifications thereto without the signature of the Debtor, where permitted by law; provided, however, this authorization does not release Mortgagor from its general duty under this Mortgage, the Development Agreement or the Conveyances to take all actions necessary to perfect and maintain the perfected interest of Mortgagee in the Mortgaged Properties.

Grant of Security Interest; Fixture Filing. In order to further secure the payment of the secured obligations hereinafter referred to and the performance of the obligations, covenants, agreements, warranties, indemnities and undertakings of Mortgagor hereinafter described, Mortgagor does hereby grant to Mortgagee a security interest in and to the Mortgaged Properties (whether now owned or hereafter acquired by operation of law or otherwise) insofar as the Mortgaged Properties consists of personal property of any kind or character defined in and subject to the provisions of Article 9 of the Uniform Commercial Code as in effect from time to time as part of the laws applicable to this Mortgage (the “Applicable UCC”), including the proceeds and products from any and all of such personal property (such personal property and proceeds and products therefrom being herein sometimes collectively called the “Collateral”). Except as otherwise expressly provided in this Mortgage, all terms in this Mortgage relating to the Mortgaged Properties and the grant of the foregoing security interest which are defined in the Applicable UCC shall have the meanings assigned to them in Article 9 (or, absent definition in Article 9, in any other Article) of the Applicable UCC, as those meanings may be amended, revised or replaced from time to time. Notwithstanding the foregoing, the parties intend that the terms used herein which are defined in the Applicable UCC have, at all times, the broadest and most inclusive meanings possible. If the Applicable UCC shall in the future be amended or held by a court to define any term used herein more narrowly, or less inclusively, than the UCC in effect on the date of this Mortgage, such amendment or holding shall be disregarded in defining terms used in this Mortgage. This Mortgage constitutes a security agreement, fixture filing and financing statement as those terms are used in the Uniform Commercial Code of the State in which the Mortgaged Property is located (the “PA UCC”). For purposes of this Section 1.2, this Mortgage is to be filed and recorded in, among other places, the real estate records of the County in which the Mortgaged Properties are is located and the following information is included: (1) Mortgagor shall be deemed the “Debtor” with the address set forth for Mortgagor on the first page of this Mortgage which Mortgagor certifies is accurate; (2) Mortgagee shall be deemed to be the “Secured Party” with the address set forth for Mortgagee on the first page of this Mortgage and shall have all of the rights of a secured party under the PA UCC; (3) this Mortgage covers goods which are or are to become fixtures; (4) the name of the record owner of the Gas Leases and Surface Rights Mortgaged Properties is Energy Corporation of America, the Debtor; (5) the organizational identification number of the Debtor is ; (6) the Debtor is a corporation organized under the laws of the State of West Virginia; and (7) the legal name of the Debtor is Energy Corporation of America. The Debtor hereby authorizes Mortgagee to file any financing statements and terminations thereof or amendments or modifications thereto without the signature of the Debtor, where permitted by law; provided, however, this authorization does not release Mortgagor from its general duty under this Mortgage, the Development Agreement or the Conveyances to take all actions necessary to perfect and maintain the perfected interest of Mortgagee in the Mortgaged Properties.

Grant of Security Interest; Fixture Filing. In order to further secure the payment of the secured obligations hereinafter referred to and the performance of the obligations, covenants, agreements, warranties, indemnities and undertakings of Mortgagor hereinafter described, Mortgagor does hereby grant to Mortgagee a security interest in and to the Mortgaged Properties (whether now owned or hereafter acquired by operation of law or otherwise) insofar as the Mortgaged Properties consists of personal property of any kind or character defined in and subject to the provisions of Article 9 of the Uniform Commercial Code as in effect from time to time as part of the laws applicable to this Mortgage (the “Applicable UCC”), including the proceeds and products from any and all of such personal property (such personal property and proceeds and products therefrom being herein sometimes collectively called the “Collateral”). Except as otherwise expressly provided in this Mortgage, all terms in this Mortgage relating to the Mortgaged Properties and the grant of the foregoing security interest which are defined in the Applicable UCC shall have the meanings assigned to them in Article 9 (or, absent definition in Article 9, in any other Article) of the Applicable UCC, as those meanings may be amended, revised or replaced from time to time. Notwithstanding the foregoing, the parties intend that the terms used herein which are defined in the Applicable UCC have, at all times, the broadest and most inclusive meanings possible. If the Applicable UCC shall in the future be amended or held by a court to define any term used herein more narrowly, or less inclusively, than the UCC in effect on the date of this Mortgage, such amendment or holding shall be disregarded in defining terms used in this Mortgage. This Mortgage constitutes a security agreement, fixture filing and financing statement as those terms are used in the Uniform Commercial Code of the State in which the Mortgaged Property is located (the “PA UCC”). For purposes of this Section 1.2, this Mortgage is to be filed and recorded in, among other places, the real estate records of the County in which the Mortgaged Properties are is located and the following information is included: (1) Mortgagor shall be deemed the “Debtor” with the address set forth for Mortgagor on the first page of this Mortgage which Mortgagor certifies is accurate; (2) Mortgagee shall be deemed to be the “Secured Party” with the address set forth for Mortgagee on the first page of this Mortgage and shall have all of the rights of a secured party under the PA UCC; (3) this Mortgage covers goods which are or are to become fixtures; (4) the name of the record owner of the Gas Leases and Surface Rights Mortgaged Properties is Energy Corporation of America, the Debtor; (5) the organizational identification number of the Debtor is none; (6) the Debtor is a corporation organized under the laws of the State of West Virginia; and (7) the legal name of the Debtor is Energy Corporation of America. The Debtor hereby authorizes Mortgagee to file any financing statements and terminations thereof or amendments or modifications thereto without the signature of the Debtor, where permitted by law; provided, however, this authorization does not release Mortgagor from its general duty under this Mortgage, the Development Agreement or the Conveyances to take all actions necessary to perfect and maintain the perfected interest of Mortgagee in the Mortgaged Properties.

Grant of Security Interest; Fixture Filing. In order to further secure the payment of the secured obligations hereinafter referred to and the performance of the obligations, covenants, agreements, warranties, indemnities and undertakings of Mortgagor hereinafter described, Mortgagor does hereby grant to Mortgagee a security interest in and to the Mortgaged Properties (whether now owned or hereafter acquired by operation of law or otherwise) insofar as the Mortgaged Properties consists of personal property of any kind or character defined in and subject to the provisions of Article 9 of the Uniform Commercial Code as in effect from time to time as part of the laws applicable to this Mortgage (the “Applicable UCC”), (such personal property being the “Collateral”). Except as otherwise expressly provided in this Mortgage, all terms in this Mortgage relating to the Mortgaged Properties and the grant of the foregoing security interest which are defined in the Applicable UCC shall have the meanings assigned to them in Article 9 (or, absent definition in Article 9, in any other Article) of the Applicable UCC, as those meanings may be amended, revised or replaced from time to time. Notwithstanding the foregoing, the parties intend that the terms used herein which are defined in the Applicable UCC have, at all times, the broadest and most inclusive meanings possible. If the Applicable UCC shall in the future be amended or held by a court to define any term used herein more narrowly, or less inclusively, than the UCC in effect on the date of this Mortgage, such amendment or holding shall be disregarded in defining terms used in this Mortgage. This Mortgage constitutes a security agreement, fixture filing and financing statement as those terms are used in the Uniform Commercial Code of the State in which the Mortgaged Property is located (the “PA UCC”). For purposes of this Section 1.2, this Mortgage is to be filed and recorded in, among other places, the real estate records of the County in which the Mortgaged Properties are is located and the following information is included: (1) Mortgagor shall be deemed the “Debtor” with the address set forth for Mortgagor on the first page of this Mortgage which Mortgagor certifies is accurate; (2) Mortgagee shall be deemed to be the “Secured Party” with the address set forth for Mortgagee on the first page of this Mortgage and shall have all of the rights of a secured party under the PA UCC; (3) this Mortgage covers goods which are or are to become fixtures; (4) the name of the record owner of the Gas Leases and Surface Rights is Energy Corporation of America, the Debtor; (5) the organizational identification number of the Debtor is none; (6) the Debtor is a corporation organized under the laws of the State of West Virginia; and (7) the legal name of the Debtor is Energy Corporation of America. The Debtor hereby authorizes Mortgagee to file any financing statements and terminations thereof or amendments or modifications thereto without the signature of the Debtor, where permitted by law; provided, however, this authorization does not release Mortgagor from its general duty under this Mortgage, the Development Agreement or the Conveyances to take all actions necessary to perfect and maintain the perfected interest of Mortgagee in the Mortgaged Properties.