Common use of Personalty Clause in Contracts

Personalty. All of the right, title and interest of Borrower in and to (i) furniture, furnishings, equipment, machinery, tangible personal property, and goods located within, used in the operation of or derived from the Improvements; (ii) crops, farm products, timber and timber to be cut from the Land and extracted Minerals; (iii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claims; (iv) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable or reimbursable), deposit accounts or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or providers of utility services, public or private, including specifically, without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts or Personalty, including those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; and (v) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on or about the Land or the Improvements, or used in or necessary to the financing, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

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Personalty. All of the right, title and interest of Borrower in and to (i) furniture, furnishings, equipment, machinery, tangible personal property, and goods located within, used in the operation of or derived from the Improvements; , (ii) crops, farm products, timber and timber to be cut from the Land and extracted Minerals; (iii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claims; (iv) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable or reimbursable), deposit accounts or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; (v) the Construction Contracts, Plans and all building and construction materials and equipment; and (vvi) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on or about the Land or the Improvements, or used in or necessary to the complete and proper planning, design, development, construction, financing, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Construction Loan Agreement (Owens Realty Mortgage, Inc.)

Personalty. All of the right, title and interest of Borrower in and to (i) furniture, furnishings, equipment, machinery, tangible personal property, and goods located within, used in the operation of or derived from the Improvements; , (ii) crops, farm products, timber and timber to be cut from the Land and extracted Minerals; (iii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claims; (iv) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable or reimbursable), deposit accounts or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; (v) the Construction Contracts, Plans and all building and construction materials and equipment; and (vvi) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on or about the Land or the Improvements, or used in or necessary to the complete and proper planning, design, development, construction, financing, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Construction Loan Agreement (IMH Financial Corp)

Personalty. All of the right, title title, and interest of Borrower in and to (i) the Plans; (ii) all building and construction materials and equipment; (iii) furniture, furnishings, equipment, machinery, tangible personal propertygoods (including, and goods located withinbut not limited to, used in the operation of or derived from the Improvements; (ii) crops, farm products, timber and timber to be cut from the Land cut, and extracted Minerals); (iiiiv) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrightsinventory, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, instruments, documents, letter of credit rights, inventory and commercial tort claims; (ivv) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable returnable, or reimbursable)reimbursable fees, deposit accounts deposits or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable returnable, or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements settlements, or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Construction Contracts, Contracts, Plans or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; Land and (vvi) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on on, or about the Land or the Improvements, or used in or necessary to the complete and proper planning, development, construction, financing, use, occupancy occupancy, or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements replacements, and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Personalty. All of the right, title title, and interest of Borrower in and to (i) furniture, furnishings, equipment, machinery, tangible personal propertygoods (including, and goods located withinbut not limited to, used in the operation of or derived from the Improvements; (ii) crops, farm products, timber and timber to be cut from the Land cut, and extracted Mineralsminerals); (iiiii) to the extent used in the operation of the Improvements or derived from the Landgeneral intangibles, Minerals or Improvements or the operation thereofnotes, general intangibles (including payment intangibles)chattel paper, money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade namestradenames, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claimsinventory; (iviii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable returnable, or reimbursable)reimbursable fees, deposit accounts deposits or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable returnable, or reimbursable tap fees, utility deposits, commitment origination fees and development costs, any awards, remunerations, reimbursements, settlements settlements, or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with With the Land; and (viv) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on on, or about the Land or the Improvements, or used in or necessary to the complete and proper planning, development, construction, financing, use, occupancy occupancy, or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements replacements, and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Credit Loan Agreement (Newmark Homes Corp)

Personalty. All of the right, title title, and interest of Borrower Grantor in and to (i) furniture, furnishings, equipment, machinery, tangible personal propertygoods (including, and goods located withinbut not limited to, used in the operation of or derived from the Improvements; (ii) crops, farm products, timber and timber to be cut from the Land cut, and extracted Minerals); (iiiii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, chattel paper, deposit accounts, instruments, intellectual property, investment property, letter-of-credit rights, letters of credit, receivables, contract and subcontract rights, trademarks, trade namestradenames, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claimsinventory; (iviii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable returnable, or reimbursable)reimbursable fees, deposit accounts deposits or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower Grantor with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable returnable, or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements settlements, or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; and (viv) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - 9—Secured Transactions); any and all of which are now owned or hereafter acquired by BorrowerGrantor, and which are now or hereafter situated in, on on, or about the Land or the Improvements, or used in or necessary to the complete and proper planning, development, construction, financing, use, occupancy occupancy, or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements replacements, and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Rf Monolithics Inc /De/

Personalty. All of the right, title title, and interest of Borrower in and to to; (i) furniture, furnishings, equipment, machinery, tangible personal property, and goods located within, used in the operation of or derived from the Improvements; , (ii) crops, farm products, timber and timber to be cut from the Land cut, and extracted Minerals; (iii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claims; (iv) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable or reimbursable), deposit accounts or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; (v) any building and construction materials and equipment and contracts relating thereto; and (vvi) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on on, or about the Land or the Improvements, or used in or necessary to the complete and proper planning, design, development, construction, financing, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Owens Realty Mortgage, Inc.)

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Personalty. All of the right, title title, and interest of Borrower Grantor in and to (i) furniture, furnishings, equipment, machinery, tangible personal propertygoods (including, and goods located withinbut not limited to, used in the operation of or derived from the Improvements; (ii) crops, farm products, timber and timber to be cut from the Land cut, and extracted Minerals); (iiiii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claimsinventory; (iviii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable returnable, or reimbursable)reimbursable fees, deposit accounts deposits or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower Grantor with any governmental agenciesGovernmental Authority, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable returnable, or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements settlements, or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; and (viv) all other personal property of any kind or character as defined in and subject to the provisions of the Code UCC (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by BorrowerGrantor, and which are now or hereafter situated in, on on, or about the Land or the Improvements, or used in or necessary to the complete and proper planning, development, construction, financing, use, occupancy occupancy, or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements replacements, and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Term Credit Agreement (Powersecure International, Inc.)

Personalty. All of the right, title title, and interest of Borrower in and to to; (i) furniture, furnishings, equipment, machinery, tangible personal propertygoods (including, and goods located withinbut not limited to, used in the operation of or derived from the Improvements; (ii) crops, farm products, timber and timber to be cut from the Land cut, and extracted Minerals); (iiiii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claims; (iviii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable returnable, or reimbursable), deposit ) deposits accounts or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable returnable, or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements settlements, or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Contracts, Construction Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; (iv) the Plans; (v) all building and construction materials and equipment; and (vvi) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on on, or about the Land or the Improvements, or used in or necessary to the complete and proper planning, design, development, construction, financing, use, occupancy occupancy, or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements replacements, and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Inland Real Estate Income Trust, Inc.

Personalty. All of the right, title title, and interest of Borrower in and to to; (i) furniture, furnishings, equipment, machinery, tangible personal property, and goods located within, used in the operation of or derived from the Improvements; , (ii) crops, farm products, timber and timber to be cut from the Land cut, and extracted Minerals; (iii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claims; (iv) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable returnable, or reimbursable), ) deposit accounts or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable returnable, or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements settlements, or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; and (v) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on on, or about the Land or the Improvements, or used in or necessary to the complete and proper planning, design, development, construction, financing, use, occupancy occupancy, or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements replacements, and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Security Agreement and Financing Statement (Inland Real Estate Income Trust, Inc.)

Personalty. All of the right, title and interest of Borrower in and to (i) furniture, furnishings, equipment, machinery, tangible personal property, and goods located within, used in the operation of or derived from the Improvements; , (ii) crops, farm products, timber and timber to be cut from the Land and extracted Minerals; (iii) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), money, insurance proceeds, accounts, contract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, investment property, documents, letter of credit rights, inventory and commercial tort claims; (iv) to the extent used in the operation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable or reimbursable), deposit accounts or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; (v) any building and construction materials and equipment and contracts related thereto; and (vvi) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on or about the Land or the Improvements, or used in or necessary to the complete and proper planning, design, development, construction, financing, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements and substitutions thereto or therefor and the proceeds thereof.

Appears in 1 contract

Samples: Loan Agreement (Owens Realty Mortgage, Inc.)

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