Common use of PERSONAL PROPERTY GRANT Clause in Contracts

PERSONAL PROPERTY GRANT. Borrower irrevocably sells, transfers, grants, conveys, assigns and warrants to Lender, its successors and assigns, a security interest in Borrower's interest in the following personal property which is collectively referred to as "Personal Property": (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower in common with others and all documents of membership in any owner's association or similar group; (c) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower relating to the plans and specifications or to the construction of the Improvements; (d) all equipment, machinery, fixtures, goods, accounts, general intangibles, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "Property."

PERSONAL PROPERTY GRANT. Borrower irrevocably sells, transfers, grants, conveys, assigns and warrants to Lender, its successors and assigns, a security interest in Borrower's ’s interest in the following personal property which is collectively referred to as "“Personal Property"”: (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower in common with others and all documents of membership in any owner's ’s association or similar group; (c) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower relating to the plans and specifications or to the construction of the Improvements; (d) all equipment, machinery, fixtures, goods, accounts, general intangibles, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's ’s operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "“Property."”

PERSONAL PROPERTY GRANT. Borrower Mortgagor hereby irrevocably sellsmortgages, transfers, grants, conveys, assigns assigns, and warrants to LenderAdministrative Agent and the Secured Parties, its their successors and assigns, and grants to Administrative Agent and the Secured Parties, their successors and assigns, a security interest in Borrower's in, Mortgagor’s interest in the following personal property which is collectively referred to as "“Personal Property"”: (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Mortgagor in common with others and all documents of membership in any owner's ’s association or similar group; (c) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower relating to the plans and specifications or to the construction of the Improvements; (d) all equipment, machinery, fixtures, goods, accounts, general intangibles, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (ed) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (fe) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "“Mortgaged Property”. TO HAVE AND TO HOLD all the Mortgaged Property unto Administrative Agent and the Secured Parties, their successors and assigns, forever, subject to the terms, covenants and conditions of this Mortgage."

PERSONAL PROPERTY GRANT. Borrower Affiliated Guarantor irrevocably sells, transfers, grants, conveys, assigns and warrants to Lender, its successors and assigns, a security interest in Borrower's interest Affiliated Guarantor’s interest, and to the extent permissible under the Operating Lease and the Owner Agreement, Operating Lessee’s interest, in the following personal property which is collectively referred to as "“Personal Property"”: (a1) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b2) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Affiliated Guarantor and/or Operating Lessee as applicable in common with others and all documents of membership in any owner's ’s association or similar group; (c3) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower Affiliated Guarantor and/or Operating Lessee as applicable relating to the plans and specifications or to the construction of the Improvements; (d4) all furniture, fixtures and equipment and other items of property located on or used in connection with the Real Property or its occupancy or operation, including all furniture, furnishings, wall coverings, fixtures and hotel equipment and systems located at, or used in connection with, the operation of the Property as a Hotel, together with all replacements therefor and additions thereto, including, without limitation, (i) all equipment and systems required for the operation of kitchens and bars, if any, laundry and dry cleaning facilities, (ii) office equipment, machinery(iii) dining room wagons, fixturesmaterials handling equipment, goodscleaning and engineering equipment, accounts(iv) telephone and computerized accounting systems, (v) vehicles and (vi) and any other items customarily included within “property and equipment” for hotel properties similar to the Property (“FF&E”); (5) all, general intangibles, letter of credit rights, commercial tort claims, deposit accounts, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e6) all rights of Affiliated Guarantor and Operating Lessee in and to the Hotel Operating Account, the Fund for Replacement of and Additions to Furnishings and Equipment and any and all other accounts held by Manager pursuant to the terms of the Management Agreement for the benefit of Affiliated Guarantor and/or Operating Lessee; (7) all rights of Affiliated Guarantor and/or Operating Lessee, as applicable, in and to that certain bank account into which all payments and distributions from Manager to Affiliated Guarantor and/or Operating Lessee are made, which is held by Bank of America, N.A. (“Bank”) pursuant to a Deposit Account Control Agreement (“DAC Agreement”) entered into or which will be entered into by and between Bank, Affiliated Guarantor, Operating Lessee and Lender (the “Proceeds Deposit Account”) (8) all rights of Affiliated Guarantor and/or Operating Lessee, as applicable, in and to the DS Account (as defined in Section 2.12) and the DS Funds (as defined in Section 2.12). (9) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f10) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "“Property."”

PERSONAL PROPERTY GRANT. Borrower Trustor irrevocably sells, transfers, grants, conveys, assigns and warrants to LenderBeneficiary, its successors and assigns, a security interest in Borrower's Trustor’s interest in the following personal property which is collectively referred to as the "Personal Property": (a) any Any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all All rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Trustor in common with others and all documents of membership in any owner's ’s association or similar group; (c) all All plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower Trustor relating to the plans and specifications or to the construction of the Improvements; (d) all All equipment, machinery, fixtures, goods, accounts, general intangibles, promissory notes, letter of credit rights, investment property, commercial tort claims, deposit accounts, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e) all All sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f) all All proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "Property."

PERSONAL PROPERTY GRANT. Borrower Grantor irrevocably sells, transfers, grants, conveys, assigns and warrants to LenderBeneficiary, its successors and assigns, a security interest in Borrower's Grantor’s interest in the following personal property which is collectively referred to as "the “Personal Property"”: (a) any Any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all All rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Grantor in common with others and all documents of membership in any owner's ’s association or similar group; (c) all All plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower Grantor relating to the plans and specifications or to the construction of the Improvements; (d) all All equipment, machinery, fixtures, goods, accounts, general intangibles, promissory notes, letter of credit rights, investment property, commercial tort claims, deposit accounts, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e) all All sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f) all All proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "“Property."”

PERSONAL PROPERTY GRANT. Borrower Trustor irrevocably sells, transfers, grants, conveys, assigns and warrants to LenderBeneficiary, its successors and assigns, a security interest in Borrower's Trustor’s right, title and interest in the following personal property property, whether now owned or existing or hereafter acquired or arising, which is collectively referred to as "“Personal Property"”: (a1) any portion of the Real Property which may be personal propertyproperty (other than proprietary software systems not owned by Trustor or any of its Affiliates), and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b2) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Trustor in common with others and all documents of membership in any owner's ’s association or similar group; (c3) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower Trustor relating to the plans and specifications or to the construction of the Improvements; (d4) all equipment, machinery, fixtures, goods, accounts, general intangibles, letter of credit rights, commercial tort claims, deposit accounts, documents, instruments and chattel paper relating solely (including without limitation all monies, instruments, and general intangibles now or hereafter delivered to the Land and ImprovementsBeneficiary comprising any escrow, but not relating to Borrower's operations reserve or existence generallyother security), and all substitutionsearnings on, substitutions for, replacements of, and additions to, any of the these itemsforegoing; (e5) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f6) all proceeds of any of he foregoing, including without limitation all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "“Property."”

PERSONAL PROPERTY GRANT. Borrower irrevocably sells, transfers, grants, conveys, assigns and warrants war-rants to Lender, its successors and assigns, a security interest in Borrower's interest in the following personal property which is collectively referred to as "Personal Property": (a1) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b2) all rights to the use of water, including water rights rigbts appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower in common with others and all documents of membership in any owner's association or similar group; (c3) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower relating to the plans and specifications or to the construction of the Improvements; (d4) all equipment, machinery, fixtures, goods, accounts, general intangibles, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e5) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f6) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "Property."

PERSONAL PROPERTY GRANT. Borrower Grantor irrevocably sells, transfers, ------------------------ grants, conveys, assigns and warrants to LenderBeneficiary, its successors and assigns, a security interest in BorrowerGrantor's interest in the following personal property which is collectively referred to as "Personal Property": (a1) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b2) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Grantor in common with others and all documents of membership in any owner's association or similar group; (c3) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower Grantor relating to the plans and specifications or to the construction of the Improvements; (d4) all equipment, machinery, fixtures, goods, accounts, general intangibles, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e5) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f6) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "Property."

PERSONAL PROPERTY GRANT. Borrower Trustor irrevocably sells, transfers, grants, conveys, assigns and warrants to LenderBeneficiary, its successors and assigns, a security interest in BorrowerTrustor's interest in the following personal property which is collectively referred to as the "Personal Property": (a) any Any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all All rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Trustor in common with others and all documents of membership in any owner's association or similar group; (c) all All plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower Trustor relating to the plans and specifications or to the construction of the Improvements; (d) all All equipment, machinery, fixtures, goods, accounts, general intangibles, promissory notes, letter of credit rights, investment property, commercial tort claims, deposit accounts, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e) all All sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f) all All proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "Property."

PERSONAL PROPERTY GRANT. Borrower irrevocably sells, transfers, grants, conveys, assigns and warrants to Lender, its successors and assigns, a security interest in Borrower's interest ’s interest, if any, in the following personal property which is collectively referred to as "“Personal Property"”: (a1) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b2) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower in common with others and all documents of membership in any owner's ’s association or similar group; (c3) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower relating to the plans and specifications or to the construction of the Improvements; (d4) all equipment, machinery, fixtures, goods, accounts, general intangibles, documents, instruments and chattel paper used in connection with or relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generallyProperty, and all substitutions, replacements of, and additions to, to any of the these items; (e5) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f6) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "“Property."”

PERSONAL PROPERTY GRANT. Borrower irrevocably sells, transfers, grants, conveys, assigns and warrants to Lender, its successors and assigns, a security interest in Borrower's interest ’s interest, and to the extent permissible under the Operating Lease and the Owner Agreement, Operating Lessee’s interest, in the following personal property which is collectively referred to as "“Personal Property"”: (a1) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b2) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower and/or Operating Lessee as applicable in common with others and all documents of membership in any owner's ’s association or similar group; (c3) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower and/or Operating Lessee as applicable relating to the plans and specifications or to the construction of the Improvements; (d4) all furniture, fixtures and equipment and other items of property located on or used in connection with the Real Property or its occupancy or operation, including all furniture, furnishings, wall coverings, fixtures and hotel equipment and systems located at, or used in connection with, the operation of the Property as a Hotel, together with all replacements therefor and additions thereto, including, without limitation, (i) all equipment and systems required for the operation of kitchens and bars, if any, laundry and dry cleaning facilities, (ii) office equipment, machinery(iii) dining room wagons, fixturesmaterials handling equipment, goodscleaning and engineering equipment, accounts(iv) telephone and computerized accounting systems, (v) vehicles and (vi) and any other items customarily included within “property and equipment” for hotel properties similar to the Property (“FF&E”); (5) all, general intangibles, letter of credit rights, commercial tort claims, deposit accounts, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e6) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f7) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "“Property."”

PERSONAL PROPERTY GRANT. Borrower Grantor irrevocably sells, transfers, grants, conveys, assigns and warrants to LenderBeneficiary, its successors and assigns, a security interest in Borrower's Grantor’s interest in the following personal property which is collectively referred to as "the “Personal Property"”: (a) any Any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property;, (b) all All rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Grantor in common with others and all documents of membership in any owner's ’s association or similar group; (c) all All plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower Grantor relating to the plans and specifications or to the construction of the Improvements; (d) all All equipment, machinery, fixtures, goods, accounts, general intangibles, promissory notes, letter of credit rights, investment property, commercial tort claims, deposit accounts, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e) all All sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f) all All proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "“Property."”

PERSONAL PROPERTY GRANT. Borrower Grantor irrevocably sells, transfers, grants, conveys, assigns and warrants to LenderGrantee, its successors and assigns, a security interest in BorrowerGrantor's interest in the following personal property which is collectively referred to as "Personal Property": (a1) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b2) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower Grantor in common with others and all documents of membership in any owner's association or similar group; (c3) all plans and specifications prepared for construction of the Improvements; , and all contracts and agreements of Borrower Grantor relating to the plans and specifications or to the construction of the Improvements; (d4) all equipment, machinery, fixtures, goods, accounts, general intangibles, documents, instruments and chattel paper relating solely to the Land and Improvements, but not relating to Borrower's operations or existence generally, and all substitutions, replacements of, and additions to, any of the these items; (e5) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; and (f6) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise). All of the Real Property and the Personal Property are collectively referred to as the "Property."" TO HAVE AND TO HOLD the Property, for the benefit of Grantee, its successors and assigns, in FEE SIMPLE forever subject, however to the terms, covenants and conditions contained herein.