Common use of GRANTING PROVISIONS Clause in Contracts

GRANTING PROVISIONS. The Mortgagor does hereby grant, bargain, sell, release, convey, assign, transfer, grant a security interest in, mortgage and warrant to Mortgagee, its successors and assigns forever, all of the estate, title and interest of Mortgagor, in law or equity, in and to (a) the certain real estate located in Grand Traverse County, Michigan, more particularly described in Exhibit A attached hereto, and (b) such real estate and the buildings and improvements now existing, being constructed, or hereafter constructed or placed thereon, all of the rights, privileges, licenses, easements and appurtenances belonging to such real estate (including all heretofore or hereafter vacated streets or alleys which are about such real estate), and all fixtures of every kind whatsoever located in or on, or attached to, and used or intended to be used in connection with or with the operation of such real estate, buildings, structures or other improvements thereon or in connection with any construction now or to be conducted or which may be conducted thereon, together with all building materials and equipment now or hereafter delivered to such real estate and intended to be installed therein; any rental revenues, payments, repayments, income, profits, charges, accounts, general intangibles, and moneys derived by Mortgagor from the lease, sublease, sale, rental or other disposition of such property, including, but not limited to, all rights conferred by Act No. 210 of the Michigan Public Acts of 1953, as amended (MCLA 554.231 et seq.), and Act No. 228 of the Michigan Public Acts of 1925 as amended (MCLA 554.211 et seq.) (“Rents”) and subject to the terms and conditions herein, the proceeds from any insurance proceeds or condemnation award pertaining thereto (the foregoing provisions shall constitute an absolute and present assignment of the Rents and other benefits derived from the Property, subject however to the conditional permission given to Mortgagor to collect and use such rentals, revenues and other benefits that are hereinabove provided until the occurrence of an Event of Default and the existence or exercise of such right shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by the Mortgagor); and all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing, and the proceeds of any of the foregoing (all of the foregoing being hereinafter collectively called “Property”). The Mortgagor further hereby grants, conveys, and assigns to Mortgagee, its successors and assigns all rents, issues and profits of any of the foregoing and all proceeds of the conversion (whether voluntary or involuntary) of any of the same into cash or liquidated claims, including, without limitation, proceeds of Insurance and condemnation awards. TO HAVE AND TO HOLD the Property hereby conveyed, granted and assigned, unto Mortgagee, and its successors and assigns forever, for the uses and purposes herein set forth.

GRANTING PROVISIONS. The Mortgagor does hereby grant, bargain, sell, release, convey, assign, transfer, grant a security interest in, in and mortgage and warrant to Mortgagee, its successors and assigns forever, (a) the real estate located in Xxxxxxxx County, Ohio, more particularly described in Exhibit A attached hereto (hereinafter the “Site”), and (b) all of the estate, title and interest of Mortgagor, in law or equity, of, in and to (a) the certain real estate located in Grand Traverse County, Michigan, more particularly described in Exhibit A attached hereto, and (b) such real estate and the buildings and improvements now existing, being constructed, or hereafter constructed or placed thereon, all of the rights, privileges, licenses, easements and appurtenances belonging to such real estate (including all heretofore or hereafter vacated streets or alleys which are about such real estate), and all fixtures of every kind whatsoever located in or on, or attached to, and used or intended to be used in connection with or with the operation of such real estate, buildings, structures or other improvements thereon or in connection with any construction now or to be conducted or which may be conducted thereon, together with all building materials and equipment now or hereafter delivered to such real estate and intended to be installed therein; any rental revenues, payments, repayments, income, profits, charges, accounts, general intangibles, and moneys derived by Mortgagor from the lease, sublease, sale, rental or other disposition of such property, including, but not limited to, all rights conferred by Act No. 210 of the Michigan Public Acts of 1953, as amended (MCLA 554.231 et seq.), and Act No. 228 of the Michigan Public Acts of 1925 as amended (MCLA 554.211 et seq.) (“Rents”) and subject to the terms and conditions herein, the proceeds from any insurance proceeds or condemnation award pertaining thereto (the foregoing provisions shall constitute an absolute and present assignment of the Rents and other benefits derived from the Property, subject however to the conditional permission given to Mortgagor to collect and use such rentals, revenues and other benefits that are hereinabove provided until the occurrence of an Event of Default and the existence or exercise of such right shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by the Mortgagor); and all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing, and the proceeds of any of the foregoing (all of the foregoing foregoing, including the Site, being hereinafter collectively called the “Property”). The Mortgagor further hereby grants, conveys, and assigns to Mortgagee, its successors and assigns all rents, issues and profits of any of the foregoing and all proceeds of the conversion (whether voluntary or involuntary) of any of the same into cash or liquidated claims, including, without limitation, proceeds of Insurance insurance and condemnation awards. TO HAVE AND TO HOLD the Property hereby conveyed, granted and assigned, unto Mortgagee, and its successors and assigns forever, for the uses and purposes herein set forth.

GRANTING PROVISIONS. The Mortgagor Trustor does hereby grant, bargain, sell, release, convey, assign, transfer, grant a security interest in, mortgage and warrant transfer to Mortgagee, Trustee (its successors and assigns forever), in trust, for the benefit and security of Beneficiary (its successors and assigns forever), WITH POWER OF SALE AND RIGHT OF ENTRY AND POSSESSION, the real estate located in Maricopa County, Arizona described in Exhibit A attached hereto (hereinafter the “Real Property”), and all of the estate, title and interest of MortgagorTrustor, in law or equity, of, and a continuing security interest in, in and to (a) the certain real estate located in Grand Traverse County, Michigan, more particularly described in Exhibit A attached hereto, and (b) such real estate and the buildings and improvements now existing, being constructed, or hereafter constructed or placed thereon, all of the rights, privileges, licenses, easements and appurtenances belonging to such real estate (including all heretofore or hereafter vacated streets or alleys which are about such real estate), all of the rents, leases, issues and profits thereof (including all of Trustor’s rights, title and interest as fee owner of the Real Property, or, if applicable, as lessor or lessee under any leases or subleases), and all fixtures of every kind whatsoever located in or onaffixed, or attached to, and used or intended to be used in connection with or with the operation of such real estate, buildings, structures or other improvements thereon or in connection with any construction now or to be conducted or which may be conducted thereon, together with all of Trustor’s interest in the certificates of occupancy for any improvements at the Property, fire/sprinkler/emergency inspection certificates for fire and life safety building materials systems at the Property, any elevator permits and equipment certificates for elevators located on the Property, and any building permits for construction on or at the Property, which are now or hereafter delivered to such real estate owned by Borrower and intended to be installed therein; any rental revenueswhich are located within or about the Land and the Improvements, payments, repayments, income, profits, charges, accounts, general intangibles, together with all replacements and moneys derived by Mortgagor from substitutions thereto or therefor and the lease, sublease, sale, rental or other disposition of such property, including, but not limited to, all rights conferred by Act No. 210 proceeds thereof (as those terms are defined in the Uniform Commercial Code of the Michigan Public Acts State of 1953, as amended Arizona (MCLA 554.231 et seq.the “Uniform Commercial Code”)), and Act No. 228 of the Michigan Public Acts of 1925 as amended (MCLA 554.211 et seq.) (“Rents”) and subject to the terms and conditions herein, the proceeds from any insurance proceeds or condemnation award pertaining thereto (the foregoing provisions shall constitute an absolute and present assignment of the Rents and other benefits derived from the Property, subject however to the conditional permission given to Mortgagor to collect and use such rentals, revenues and other benefits that are hereinabove provided until the occurrence of an Event of Default and the existence or exercise of such right shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by the Mortgagor); and all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing, and including the proceeds of any of the foregoing (all of the foregoing Real Property being hereinafter collectively called the “Property”). The Mortgagor further hereby grantsNotwithstanding the foregoing, conveys(i) “fixtures” shall not include any property which any tenant(s) are entitled to remove pursuant to any lease which is or becomes binding on the Property, except to the extent that Trustor shall have any right or interest therein, and assigns (ii) the term “rents” shall not include any rents paid to Mortgagee, a tenant under a sublease of its successors and assigns all rents, issues and profits of any Lease which are not required to be paid to Trustor pursuant to the terms of the foregoing and all proceeds of the conversion (whether voluntary or involuntary) of any of the same into cash or liquidated claimsapplicable Lease, including, without limitation, proceeds of Insurance and condemnation awards. TO HAVE AND TO HOLD the Property hereby conveyed, granted and assigned, unto MortgageeBeneficiary, and its successors and assigns forever, for the uses and purposes herein set forth. Notwithstanding anything to the contrary, this Deed of Trust shall not secure that certain Environmental Release, Hold Harmless and Indemnity (as that document is described in the Credit Agreement).

GRANTING PROVISIONS. The Mortgagor does hereby grant, bargain, sell, release, convey, assign, transfer, transfer grant a security interest in, in and mortgage and warrant to Mortgagee, its successors and assigns forever, (a) the real estate located in Xxxxxxxx County, Ohio, more particularly described in Exhibit A attached hereto (hereinafter the "Site"), and (b) all of the estate, title and interest of Mortgagor, in law or equity, of, in and to (a) the certain real estate located in Grand Traverse County, Michigan, more particularly described in Exhibit A attached hereto, and (b) such real estate and the buildings and improvements now existing, being constructed, or hereafter constructed or placed thereon, all of the rights, privileges, licenses, easements and appurtenances belonging to such real estate (including all heretofore or heretofore, of hereafter vacated streets or alleys which are about such real estate), and all fixtures of every kind whatsoever located in or on, or attached to, and used or intended to be used in connection with or with the operation of such real estate, buildings, structures or other improvements thereon or in connection with any construction now or to be conducted or which may be conducted thereon, together with all building materials and equipment now or hereafter delivered to such real estate and intended to be installed therein; any rental revenues, payments, repayments, income, profits, charges, accounts, general intangibles, and moneys derived by Mortgagor from the lease, sublease, sale, rental or other disposition of such property, including, but not limited to, all rights conferred by Act No. 210 of the Michigan Public Acts of 1953, as amended (MCLA 554.231 et seq.), and Act No. 228 of the Michigan Public Acts of 1925 as amended (MCLA 554.211 et seq.) (“Rents”) and subject to the terms and conditions herein, the proceeds from any insurance proceeds or condemnation award pertaining thereto (the foregoing provisions shall constitute an absolute and present assignment of the Rents and other benefits derived from the Property, subject however to the conditional permission given to Mortgagor to collect and use such rentals, revenues and other benefits that are hereinabove provided until the occurrence of an Event of Default and the existence or exercise of such right shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by the Mortgagor); and all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing, and the proceeds of any of the foregoing (all of the foregoing foregoing, including the Site, being hereinafter collectively called “the "Property”"). The Mortgagor further hereby grants, conveys, and assigns to Mortgagee, its successors and assigns all rents, issues and profits of any of the foregoing and all proceeds of the conversion (whether voluntary or involuntary) of any of the same into cash or liquidated claims, including, without limitation, proceeds of Insurance insurance and condemnation awards. TO HAVE AND TO HOLD the Property hereby conveyed, granted and assigned, unto Mortgagee, and its successors and assigns forever, for the uses and purposes herein set forth.