Common use of LANDLORD'S LIEN AND SECURITY INTEREST Clause in Contracts

LANDLORD'S LIEN AND SECURITY INTEREST. As security for all sums due or which will become due from Tenant to Landlord, Tenant hereby grants to Landlord, in addition to any statutory liens, a security interest as provided in the Iowa Uniform Commercial Code and a contractual lien in all crops produced on the premises, all contract rights related to the crop, all farm program payments and any personal property of Tenant stored upon the farm. Tenant shall also sign any and all forms necessary to permit Landlord to perfect its security interest. Tenant shall notify Landlord of Tenant's intention to sell crop at least three (3) business days prior to sale of the crop (with business days being described as Monday through Friday, except any Iowa or federal holidays). Upon payment in full Landlord shall release Landlord's lien on the crop produced in that crop year on the premises. The parties agree that by the Landlord releasing the lien as to the crop in one year, the Landlord in no way releases the lien or agrees to release the lien in any prior or subsequent year. Tenant shall sign and deliver to Landlord a list of potential buyers of the crops upon which Landlord has been granted a security interest in this lease. Unless Landlord otherwise consents, Tenant will not sell these crops to a buyer who is not on the potential list of buyers unless Tenant pays the full rent due for the crop year to the Landlord at or prior to the date of sale. Landlord may give notice to the potential buyers of the existence of this security interest. Xxxxxxxx is further granted the power, coupled with an interest, to sign on behalf of Tenant as attorney-in-fact and to file one or more financing statements under the Iowa Uniform Commercial Code naming Tenant as Debtor and Landlord as Secured Party and describing the collateral herein specified. Tenant consents to the financing statement being filed immediately after execution of this Lease.

Appears in 4 contracts

Samples: Cash Farm Lease, Cash Farm Lease, Cash Farm Lease

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LANDLORD'S LIEN AND SECURITY INTEREST. As security for all sums due or which will become due from Tenant to Landlord, Tenant hereby grants to Landlord a lien upon and security interest in all furniture, fixtures, equipment, inventory, merchandise and other personal property belonging to the Tenant and located in, on or about the Premises or Building at any time while this Lease is in effect, whether such items are presently owned by Tenant or are after acquired, to secure the payment of all Base Rent, Additional Rent and other charges due and to become due under this Lease and to further secure the faithful performance of all of the other obligations of this Lease required to be performed by Tenant; provided, however, that Landlord’s lien imposed by this Section shall not attach, in addition extend or apply to any statutory liensof the following property: (i) financial records, insurance files, financial and banking records, ledgers, and other documents located on the Premises; and (ii) any and all disk drives, hardware, software, and electronic storage devices, computers and servers on which any of the foregoing information is stored. Landlord’s lien imposed by this Section shall be prior to any other lien on Tenant’s property, except for a lien in favor of the seller or lessor of such property to secure the unpaid purchase price or lease payments. All exemption laws with respect to such personal property are hereby expressly waived by Tenant. This lien and security interest as provided may be foreclosed in the Iowa same manner as a Financing Statement under the version of the Uniform Commercial Code and enacted in the state in which the Premises are situated, or pursuant to any similar law so enacted if a contractual lien in all crops produced on the premises, all contract rights related to the crop, all farm program payments and any personal property of Tenant stored upon the farm. Tenant shall also sign any and all forms necessary to permit Landlord to perfect its security interest. Tenant shall notify Landlord of Tenant's intention to sell crop at least three (3) business days prior to sale version of the crop (Uniform Commercial Code is not in effect; and the filing of this Lease in accordance with business days being described as Monday through Friday, except any Iowa or federal holidays)said law shall constitute full lawful notice of this lien. Upon payment in full Landlord shall release written request by Landlord's lien on the crop produced in that crop year on the premises. The parties agree that by the Landlord releasing the lien as to the crop in one year, the Landlord in no way releases the lien or Tenant agrees to release the lien in any prior or subsequent year. Tenant shall sign execute and deliver to Landlord a list of potential buyers of the crops upon which Landlord has been granted a UCC-1 financing statement evidencing Landlord’s security interest in Tenant’s personal property as provide in this leaseSection. Unless Landlord otherwise consents, Tenant will not sell these crops to a buyer who is not on the potential list Notwithstanding any provision of buyers unless Tenant pays the full rent due for the crop year this Lease to the contrary, and provided that there is no then existing Tenant Default, Landlord at or prior agrees to subordinate its lien under this Section 20 to the date rights of sale. Landlord may give notice to the potential buyers any lender or lessor holding a lien or other interest in any of the existence of this security interest. Xxxxxxxx is further granted the power, coupled with an interest, to sign on behalf of Tenant as attorney-in-fact and to file one or more financing statements under the Iowa Uniform Commercial Code naming Tenant as Debtor and Landlord as Secured Party and describing the collateral herein specified. Tenant consents to the financing statement being filed immediately after execution of this LeaseTenant’s personal property.

Appears in 2 contracts

Samples: Office Building Lease (Teladoc, Inc.), Office Building Lease (Teladoc, Inc.)

LANDLORD'S LIEN AND SECURITY INTEREST. As security for all sums due or which will become due from Tenant to Landlord, Tenant hereby grants to Landlord, in addition to any statutory liens, a security interest as provided in the Iowa Uniform Commercial Code and a contractual lien in all crops produced on the premisespremises and the proceeds and products thereof, all contract rights related to the cropconcerning such crops, proceeds and/or products, all proceeds of insurance collected on account of destruction of such crops, all contract rights and U.S. government and/or state agricultural farm program payments in connection with the above described premises whether such contract rights be payable in cash or in kind, including the proceeds from such rights, and any and all other personal property of Tenant stored upon kept or used on the farmreal estate that is not exempt from execution. Tenant shall also sign any and all additional forms necessary required to permit Landlord to perfect its validate the security interestinterest in government program payments. Tenant shall not sell such crops unless Xxxxxxxx agrees otherwise. Tenant shall notify Landlord of Tenant's intention to sell crop at least three (3) business days prior to sale of the crop (with business days being described as Monday through Friday, except any Iowa or federal holidays). Tenant shall pay the full rent for the crop year in which the crop is produced, whether due or not, at the time of sale pursuant to Landlord's consent to release Landlord's security interests. Upon payment in full Landlord shall release Landlord's lien on the crop produced in that crop year on the premises. The parties agree that by the Landlord releasing the lien as to the crop in one year, the Landlord in no way releases the lien or agrees to release the lien in any prior or subsequent year. Tenant shall sign and deliver to Landlord a list of potential buyers of the crops upon which Landlord has been granted a security interest in this lease. Unless Landlord otherwise consents, Tenant will not sell these crops to a buyer who is not on the potential list of buyers unless Tenant pays the full rent due for the crop year to the Landlord at or prior to the date of sale. Landlord may give notice to the potential buyers of the existence of this security interest. Xxxxxxxx is further granted the power, coupled with an interest, to sign on behalf of Tenant as attorney-in-fact and to file one or more financing statements under the Iowa Uniform Commercial Code naming Tenant as Debtor and Landlord as Secured Party and describing the collateral herein specified. Tenant consents to the financing statement being filed immediately after execution of this Lease.

Appears in 1 contract

Samples: Farm Lease

LANDLORD'S LIEN AND SECURITY INTEREST. As security for To assure payment of Rent and all other sums due or hereunder and which will may become due from Tenant hereafter, and to Landlordassure faithful performance of all other covenants of this Lease, Tenant hereby grants to Landlord an express contract lien on and security interest in and to all present and future receivables of Tenant and all property, chattels or merchandise now or hereafter owned by Tenant which may be placed on the Premises, including, but not limited to, all equipment, inventory and fixtures now owned or hereafter acquired. Landlord's lien and security interest shall continue in such property of Tenant so long as Tenant is indebted to Landlord under the terms of this Lease, regardless of whether the Tenant moves from the Premises or such property is removed from the Premises. Landlord's lien and security interest also extends to all proceeds of any insurance which may accrue to Tenant by reason of damage or destruction of any such property. Landlord shall have all the rights and remedies of a secured party under the Texas Business and Commerce Code and other laws of Texas, and this lien and security interest may be foreclosed as provided in the Texas Business and Commerce Code or by judicial process. Tenant will be in default under this security agreement at such time as Tenant may be in default under this Lease, said events of default having been described in other parts of this Lease. The use of one foreclosure procedure shall not be a bar to foreclosure by any other procedure. Tenant shall execute all security agreements, financing statements and other documents as required by Landlord to secure Landlord's rights established herein. The lien and security interest herein granted shall be cumulative of and in addition to any statutory lienslien rights in favor of Landlord, a security interest as provided in the Iowa Uniform Commercial Code and a contractual lien in all crops produced on the premises, all contract rights related to the crop, all farm program payments and any personal property of Tenant stored upon the farm. Tenant shall also sign any and all forms necessary to permit Landlord to perfect its security interest. Tenant shall notify Landlord of Tenant's intention to sell crop at least three (3) business days prior to sale of the crop (with business days being described as Monday through Friday, except any Iowa now or federal holidays). Upon payment in full Landlord shall release Landlord's lien on the crop produced in that crop year on the premises. The parties agree that by the Landlord releasing the lien as to the crop in one year, the Landlord in no way releases the lien or agrees to release the lien in any prior or subsequent year. Tenant shall sign and deliver to Landlord a list of potential buyers of the crops upon which Landlord has been granted a security interest in this lease. Unless Landlord otherwise consents, Tenant will not sell these crops to a buyer who is not on the potential list of buyers unless Tenant pays the full rent due for the crop year to the Landlord at or prior to the date of sale. Landlord may give notice to the potential buyers of the existence of this security interest. Xxxxxxxx is further granted the power, coupled with an interest, to sign on behalf of Tenant as attorney-in-fact and to file one or more financing statements under the Iowa Uniform Commercial Code naming Tenant as Debtor and Landlord as Secured Party and describing the collateral herein specified. Tenant consents to the financing statement being filed immediately after execution of this Leasehereafter existing.

Appears in 1 contract

Samples: Lease Agreement (Corniche Group Inc /De)

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LANDLORD'S LIEN AND SECURITY INTEREST. As security for To secure the payment of all rental and other sums of money due or which will and to become due from Tenant to Landlordhereunder and the faithful performance of this lease by Tenant, Tenant hereby grants to Landlord an express first and prior contractual lien upon and security interest all property (including fixtures, equipment, chattels and merchandise) which may be placed on the Premises by Tenant and all proceeds thereof, including proceeds of any insurance which may accrue to Tenant by reason of destruction of or damage to any such property. Such property shall not be removed from the Premises without the written consent of landlord until all arrearages in rent and other sums of money then due to Landlord hereunder shall first have been paid. All exemption laws are hereby waived in favor of said lien and security interest. This lien and security interest are given in addition to any Landlord's statutory lien and shall be cumulative thereto. Upon the occurrence of an event of default, this security interest may be foreclosed with or without court proceedings by public or private sale provided Landlord gives Tenant at least fifteen days' notice of the time and place of said sale, and Landlord shall have the right to become the purchaser, upon being the highest bidder at such sale. Contemporaneously with the execution of this lease (or thereafter if requested by Landlord), Tenant shall execute and deliver to Landlord uniform commercial code financing statements in sufficient form so that when properly filed, the security interest hereby granted shall be perfected. Upon request by Landlord, Tenant shall also execute and deliver to Landlord uniform commercial code financing statement change instruments in sufficient form to reflect any proper amendment or modification in or extension of the contractual lien and security interest hereby granted. A carbon, photographic or other reproduction of this Lease will suffice and may be filed as a financing statement. Landlord shall, in addition to any statutory liensall of its rights hereunder, also have all of the rights and remedies of a security interest secured party under the uniform commercial code as provided adopted in the Iowa Uniform Commercial Code and a contractual lien state in all crops produced on which the premises, all contract rights related to the crop, all farm program payments and any personal property of Tenant stored upon the farm. Tenant shall also sign any and all forms necessary to permit Landlord to perfect its security interest. Tenant shall notify Landlord of Tenant's intention to sell crop at least three (3) business days prior to sale of the crop (with business days being described as Monday through Friday, except any Iowa or federal holidays). Upon payment in full Landlord shall release Landlord's lien on the crop produced in that crop year on the premises. The parties agree that by the Landlord releasing the lien as to the crop in one year, the Landlord in no way releases the lien or agrees to release the lien in any prior or subsequent year. Tenant shall sign and deliver to Landlord a list of potential buyers of the crops upon which Landlord has been granted a security interest in this lease. Unless Landlord otherwise consents, Tenant will not sell these crops to a buyer who is not on the potential list of buyers unless Tenant pays the full rent due for the crop year to the Landlord at or prior to the date of sale. Landlord may give notice to the potential buyers of the existence of this security interest. Xxxxxxxx is further granted the power, coupled with an interest, to sign on behalf of Tenant as attorney-in-fact and to file one or more financing statements under the Iowa Uniform Commercial Code naming Tenant as Debtor and Landlord as Secured Party and describing the collateral herein specified. Tenant consents to the financing statement being filed immediately after execution of this LeasePremises are located.

Appears in 1 contract

Samples: Shopping Center Lease (Total Entertainment & Restaurant Corp)

LANDLORD'S LIEN AND SECURITY INTEREST. As Lessee agrees that Lessor shall have (a) a first position lien and security interest in the approximately 60-ton crane located at the Property located at 000 Xxxx Xxx., Xxxxxxxx, XX 00000 (the “Crane”), and (b) a landlord’s lien, in, on and against all of Lessee’s right, title and interest in, to and under all other Personalty (subject to the rights and interests of superior lienholders), which liens and security interest shall secure the payment of all Rental and other Monetary Obligations payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease. Xxxxxx agrees that Lessor may file such documents as Xxxxxx then deems appropriate or necessary to perfect and maintain said liens and security interest (provided, however, that any such documents of perfection and/or maintenance for all sums due Personalty other than the Crane shall include an express statement that Lessor’s lien is subordinate to any lien, security interest or which will become due from Tenant other collateral rights in and to Landlordany Personalty granted by Lessee to any present or future lender), Tenant hereby grants to Landlordand expressly acknowledges and agrees that, in addition to any statutory liensand all other rights and remedies of Lessor whether hereunder or at Law or in equity, in the Event of Default of Lessee hereunder, Lessor shall have any and all rights and remedies (subject to the rights and interests of superior lienholders) granted a secured party under the Uniform Commercial Code then in effect in the states where the Properties are located. Lessee covenants to promptly notify Lessor of any changes in Xxxxxx’s name and/or organizational structure which may necessitate the execution and filing of additional financing statements; provided, however, the foregoing shall not be construed as Lessor’s consent to such changes. Excluding the Lessor’s lien and security interest in the Crane, which shall not be subject or subordinate to any lien, security interest or other collateral rights in and to the Crane granted by Lessee to any present or future lender, Xxxxxx’s landlord’s lien granted in the other Personalty hereunder is subordinate to any lien, security interest or other collateral rights in and to any Personalty (excluding the Crane) granted by Lessee to any present or future lender. Lessor shall, promptly upon the request of Xxxxxx, enter into any written acknowledgement of such subordination as Xxxxxx’s lenders from time to time may require. Lessee shall obtain and provide Lessor with a written waiver agreement from any of Xxxxxx’s lenders holding a security interest as provided or collateral rights in the Iowa Uniform Commercial Code and a contractual lien any Personalty, whereby such lenders expressly waive any right, title or interest in all crops produced on the premises, all contract rights related or to the cropCrane, all farm program payments which agreement shall be in form and any personal property of Tenant stored upon the farm. Tenant shall also sign any and all forms necessary substance reasonably acceptable to permit Landlord to perfect its security interest. Tenant shall notify Landlord of Tenant's intention to sell crop at least three (3) business days prior to sale of the crop (with business days being described as Monday through Friday, except any Iowa or federal holidays). Upon payment in full Landlord shall release Landlord's lien on the crop produced in that crop year on the premises. The parties agree that by the Landlord releasing the lien as to the crop in one year, the Landlord in no way releases the lien or agrees to release the lien in any prior or subsequent year. Tenant shall sign and deliver to Landlord a list of potential buyers of the crops upon which Landlord has been granted a security interest in this lease. Unless Landlord otherwise consents, Tenant will not sell these crops to a buyer who is not on the potential list of buyers unless Tenant pays the full rent due for the crop year to the Landlord at or prior to the date of sale. Landlord may give notice to the potential buyers of the existence of this security interest. Xxxxxxxx is further granted the power, coupled with an interest, to sign on behalf of Tenant as attorney-in-fact and to file one or more financing statements under the Iowa Uniform Commercial Code naming Tenant as Debtor and Landlord as Secured Party and describing the collateral herein specified. Tenant consents to the financing statement being filed immediately after execution of this LeaseLessor.

Appears in 1 contract

Samples: Master Lease Agreement (Ampco Pittsburgh Corp)

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