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

LANDLORD'S LIEN AND SECURITY INTEREST. Tenant agrees that Landlord shall have a landlord’s lien, and Tenant additionally hereby separately grants to Landlord a first and prior security interest, in, on and against all of Tenant’s right, title and interest in, to and under all “goods” (excluding “inventory,” and including, without limitation, all “equipment,” “fixtures,” appliances and furniture (as “goods,” “inventory,” “equipment” and “fixtures” are defined in the applicable Uniform Commercial Code then in effect in the applicable jurisdiction)) from time to time situated on or used in connection with the Premises, whether now owned or held or hereafter arising or acquired, together with all replacements and substitutions therefore (including insurance proceeds and any title and UCC insurance proceeds) and products thereof, and, in the case of tangible collateral, together with all additions, attachments, accessions, parts, equipment and repairs now or hereafter attached or affixed thereto or used in connection therewith (collectively, the “Personalty”), which lien and security interest shall secure the payment of all Rent and other monetary obligations payable by Tenant to Landlord under the terms hereof and all other obligations of Tenant to Landlord under this Lease. Notwithstanding anything to the contrary contained herein, Landlord’s security interest shall not apply to cash or accounts receivables. Txxxxx agrees that Landlord may file such documents as Landlord then deems appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Landlord whether hereunder or at law or in equity, in the event of an Event of Default of Tenant hereunder, Landlord 4823-7309-7009.2 STORE / CSI Labs Amended and Restated Lease Agreement 2000 Xxxxxxxx Xx., Xxxxxxxxxx, XX File No.: 7210/02-432.1 21 shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the state where the Premises is located. Tenant covenants to promptly notify Landlord of any changes in Tenant’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 Landlord’s consent to such changes. As of the Effective Date, Lxxxxxxx has agreed to subordinate its first position lien on Tenant’s Personalty to Hxxxxxxx State Bank (“Tenant’s Lender”); provided that Tenant provides Landlord with a letter of credit from Txxxxx’s Lender for the benefit of Landlord in an amount equal to $509,780.97 and in form and substance reasonably acceptable to Landlord (the “Letter of Credit”), as additional security under the Lease.

LANDLORD'S LIEN AND SECURITY INTEREST. (A) In addition to the statutory "Landlord's Lien" provided in Arizona Revised Statutes ("ARS") Sections 33-361 and 33-362, or any successor statutes thereto, to secure payment of all rentals and other sums of money becoming due hereunder from Tenant agrees that and to secure payment of any damages or loss which Landlord shall have may suffer by reason of a landlord’s lienbreach by Tenant hereunder, and Tenant additionally hereby separately grants to Landlord a first and prior valid security interest, in, on and against interest in all property of Tenant’s right, title and interest in, to and under all “goods” (excluding “inventory,” and including, without limitation, all “equipment,” “fixtures,” appliances and furniture (as “goods,” “inventory,” “equipment” and “fixtures” are defined Tenant presently or hereafter situated in the applicable Uniform Commercial Code then in effect in the applicable jurisdiction)) from time to time situated on or used in connection with about the Premises, whether now owned or held or hereafter arising or acquiredand all proceeds therefrom, together with and such property shall not be removed therefrom without the consent of Landlord until all replacements and substitutions therefore (including insurance proceeds arrearages in Base Rent and any title Additional Rent then due to Landlord hereunder shall first have been paid and UCC insurance proceeds) discharged and products thereofall the terms, andcovenants, and conditions hereof have been fully performed by Tenant. The provisions of this Section 7.03 shall constitute a "Security Agreement" as such term is used in ARS Sections 47-901 et seq., or any successor statute thereto (the case of tangible collateral"UCC"), together with all additions, attachments, accessions, parts, equipment and repairs Tenant agrees to execute as debtor such financing statement or statements as Landlord may now or hereafter attached or affixed thereto or used reasonably request in connection therewith (collectively, the “Personalty”), which lien and order that such security interest shall secure the payment of all Rent and other monetary obligations payable by Tenant to Landlord under the terms hereof and all other obligations of Tenant to Landlord under this Lease. Notwithstanding anything interest(s) may be protected pursuant to the contrary contained hereinUCC. (B) Upon an Event of Default by Tenant, Landlord’s security interest shall not apply to cash or accounts receivables. Txxxxx agrees that Landlord may file such documents as Landlord then deems appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees thatmay, in addition to any other remedies provided herein, enter the Premises and all other rights and remedies take possession of Landlord whether hereunder or at law or in equity, in the event of an Event of Default of Tenant hereunder, Landlord 4823-7309-7009.2 STORE / CSI Labs Amended and Restated Lease Agreement 2000 Xxxxxxxx Xx., Xxxxxxxxxx, XX File No.: 7210/02-432.1 21 shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect goods, wares, equipment, fixtures, furniture, or other personal property in the state where Premises, and sell the Premises is locatedsame at a public or private sale. Tenant covenants to promptly notify Landlord The proceeds from any such disposition, less all expenses connected with the taking of any changes in Tenant’s name and/or organizational structure which may necessitate the execution possession, holding and filing of additional financing statements; provided, however, the foregoing shall not be construed as Landlord’s consent to such changes. As selling of the Effective Dateproperty (including reasonable attorneys' fees, Lxxxxxxx has agreed to subordinate its first position lien on Tenant’s Personalty to Hxxxxxxx State Bank (“Tenant’s Lender”); provided that Tenant provides Landlord with a letter of credit from Txxxxx’s Lender for the benefit of Landlord in an amount equal to $509,780.97 disbursements and in form and substance reasonably acceptable to Landlord (the “Letter of Credit”legal expenses), shall be applied as additional a credit against the indebtedness secured by the security interest granted under the Lease.this Section 7.03. Any surplus

LANDLORD'S LIEN AND SECURITY INTEREST. Tenant agrees that Landlord shall have a landlord’s lien, and Tenant additionally hereby separately grants to Landlord a first and prior security interest, in, on and against all personal property, appliances, furniture and equipment of Tenant’s right, title and interest in, to and under all “goods” (excluding “inventory,” and including, without limitation, all “equipment,” “fixtures,” appliances and furniture (as “goods,” “inventory,” “equipment” and “fixtures” are defined in the applicable Uniform Commercial Code then in effect in the applicable jurisdiction)) Tenant from time to time situated on or used in connection with the Premises, whether now owned or held or hereafter arising or acquired, together with all replacements and substitutions therefore Property (including insurance proceeds and any title and UCC insurance proceeds) and products thereof, and, in the case of tangible collateral, together with all additions, attachments, accessions, parts, equipment and repairs now or hereafter attached or affixed thereto or used in connection therewith (collectively, the “Personalty”), which lien and security interest shall secure the payment of all Rent Rental and other monetary obligations Monetary Obligations payable by Tenant to Landlord under the terms hereof and all other obligations of Tenant to Landlord under this Lease. Notwithstanding anything to the contrary contained herein, Landlord’s security interest shall not apply to cash or accounts receivables. Txxxxx Tenant agrees that Landlord may file such documents as Landlord then deems appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Landlord whether hereunder or at law or in equity, in the event of if an Event of Default of Tenant occurs hereunder, Landlord 4823-7309-7009.2 STORE / CSI Labs Amended and Restated Lease Agreement 2000 Xxxxxxxx Xx., Xxxxxxxxxx, XX File No.: 7210/02-432.1 21 shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the state where the Premises Property is located. Tenant covenants to promptly notify Landlord of any changes in Tenant’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 Landlord’s consent to such changes. As of Landlord agrees to subordinate, pursuant to the Effective DateLandlord’s Subordination and Consent (defined below), Lxxxxxxx has agreed to subordinate its first position the foregoing lien on Tenantas well as any statutory or common law landlord’s Personalty to Hxxxxxxx State Bank (“Tenant’s Lender”); provided that Tenant provides Landlord with a letter of credit from Txxxxx’s Lender for the benefit lien of Landlord in an amount equal the Personalty, if any, to $509,780.97 any lien or security interest that Tenant’s lender may have against or in the Personalty. Landlord agrees to execute and in Tenant shall execute and cause Tenant’s lender to execute such documents as Landlord, Tenant or Tenant’s lender may reasonably require to evidence such subordination (the “Landlord’s Subordination and Consent”), provided that the form and substance of any such agreement is reasonably acceptable satisfactory to Landlord (the “Letter of Credit”)and Tenant’s lender, as additional security under the Leaseand Tenant promptly reimburses Landlord for all reasonable out-of-pocket costs and expenses incurred by Landlord in connection with negotiating such Landlord’s Subordination and Consent, including, without limitation, reasonable attorneys’ fees.

LANDLORD'S LIEN AND SECURITY INTEREST. Tenant Lessee agrees that Landlord Lessor shall have a landlord’s lien, and Tenant Lessee additionally hereby separately grants to Landlord Lessor a first and prior security interest, in, on and against all of TenantLessee’s right, title and interest in, to and under all “goods” (excluding “inventory,” and including, without limitation, all “equipment,” “fixtures,” appliances and furniture (as “goods,” “inventory,” “equipment” and “fixtures” are defined in the applicable Uniform Commercial Code then in effect in the applicable jurisdiction)) from time to time situated on or used in connection with the PremisesProperty, whether now owned or held or hereafter arising or acquired, together with all replacements and substitutions therefore therefore, and all cash and non-cash proceeds (including insurance proceeds and any title and UCC insurance proceeds) and products thereof, and, in the case of tangible collateral, together with all additions, attachments, accessions, parts, equipment and repairs now or hereafter attached or affixed thereto or used in connection therewith (collectively, the “Personalty”), which lien and security interest shall secure the payment of all Rent Rental and other monetary obligations Monetary Obligations payable by Tenant Lessee to Landlord Lessor under the terms hereof and all other obligations of Tenant Lessee to Landlord Lessor under this Lease. Notwithstanding anything to the contrary contained herein, Landlord’s security interest shall not apply to cash or accounts receivables. Txxxxx Lessee agrees that Landlord Lessor may file such documents as Landlord Lessor then deems appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Landlord Lessor whether hereunder or at law or in equity, in the event of an Event of Default of Tenant Lessee hereunder, Landlord 4823-7309-7009.2 STORE / CSI Labs Amended and Restated Lease Agreement 2000 Xxxxxxxx Xx., Xxxxxxxxxx, XX File No.: 7210/02-432.1 21 Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the state where the Premises Property is located. Tenant Lessee covenants to promptly notify Landlord Lessor of any changes in TenantLessee’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 LandlordLessor’s consent to such changes. As of the Effective Date, Lxxxxxxx has agreed to subordinate its first position lien on Tenant’s Personalty to Hxxxxxxx State Bank (“Tenant’s Lender”); provided that Tenant provides Landlord with a letter of credit from Txxxxx’s Lender for the benefit of Landlord 4817-7336-4078.5 STORE/Fat Patty's Master Lease Agreement 4 Properties in an amount equal to $509,780.97 KY and in form and substance reasonably acceptable to Landlord (the “Letter of Credit”), as additional security under the Lease.WV File No. 7210/02-629.1

LANDLORD'S LIEN AND SECURITY INTEREST. Tenant agrees that Landlord shall have a landlord’s lienlien upon, and Tenant additionally hereby separately grants to Landlord a first and prior security interest, in, on and against all of Tenant’s right, title and interest in, to all personal property and under all “goods” equipment of Tenant located in the Premises and purchased in whole or in part with the Tenant Allowance (excluding “inventory,” and including, without limitation, all “equipment,” “fixtures,” appliances the systems furniture and furniture (as “goods,” “inventory,” “equipment” and “fixtures” are defined in the applicable Uniform Commercial Code then in effect in the applicable jurisdiction)) case goods purchased from time to time situated on or used in connection with the Premises, whether now owned or held or hereafter arising or acquired, together with all replacements and substitutions therefore (including insurance proceeds and any title and UCC insurance proceeds) and products thereof, and, in the case of tangible collateral, together with all additions, attachments, accessions, parts, equipment and repairs now or hereafter attached or affixed thereto or used in connection therewith (collectively, the “Personalty”Computer Associates), which lien and as security interest shall secure for the payment of all Rent and other monetary obligations payable by Tenant to Landlord under the terms hereof and performance of all other obligations of Tenant to Landlord under required by this Lease. Notwithstanding anything to the contrary contained hereinAt any time after a Default by Tenant hereunder, Landlord’s security interest shall not apply to cash or accounts receivables. Txxxxx agrees that Landlord may file such documents as Landlord then deems appropriate or necessary to perfect seize and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to take possession of any and all other such personal property and equipment. If Tenant fails to redeem the personal property and equipment so seized by payment of all sums then due and unpaid Landlord under and by virtue of this Lease, Landlord shall have the right, after twenty (20) days' written notice to Tenant, to sell such personal property and equipment so seized at public or private sale and upon such terms and conditions as to Landlord may appear advantageous. After the payment of all proper charges incident to such sale, the proceeds thereof shall be applied to the payment of any and all sums due to Landlord pursuant to this Lease. In the event there shall be any surplus remaining after the payment of all sums due to Landlord, such surplus shall be held by Landlord and applied in payment of future Rent as it becomes due, and any surplus remaining after payment of all such Rent shall be paid over to Tenant. Landlord shall have all of the rights and remedies of Landlord whether hereunder or at law or in equity, in the event of an Event of Default of Tenant hereunder, Landlord 4823-7309-7009.2 STORE / CSI Labs Amended and Restated Lease Agreement 2000 Xxxxxxxx Xx., Xxxxxxxxxx, XX File No.: 7210/02-432.1 21 shall have any and all rights and remedies granted a secured party under the Virginia Uniform Commercial Code then Code, and, upon request by Landlord, Tenant shall execute and deliver to Landlord a financing statement in effect in form sufficient to perfect the state where the Premises is located. Tenant covenants to promptly notify Landlord of any changes in Tenant’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 Landlord’s consent to such changes. As of the Effective Date, Lxxxxxxx has agreed to subordinate its first position lien on Tenant’s Personalty to Hxxxxxxx State Bank (“Tenant’s Lender”); provided that Tenant provides Landlord with a letter of credit from Txxxxx’s Lender for the benefit security interest of Landlord in an amount equal the aforementioned property and proceeds thereof. A photographic reproduction of this Lease shall be sufficient as a financing statement, but shall be filed as such only in the event Tenant fails to $509,780.97 execute and in form and substance reasonably acceptable to deliver a financing statement requested by Landlord hereunder within five (the “Letter 5) business days of Credit”), as additional security under the Leasesuch request.