Common use of PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS Clause in Contracts

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender from the effect of U.C.C. Section 9-313, as amended from time to time and as enacted in the State, in the event that Borrower intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower shall obtain the prior written Approval of Lender. All requests for such written Approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower under the security agreement shall constitute a default under this Mortgage. If Borrower fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, Lender, at its option, may pay the secured amount and Lender shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to Lender.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender from the effect of U.C.C. Section 9-3139313, as amended from time to time and as enacted in the State, in the event that Borrower and/or Operating Lessee as applicable intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower and/or Operating Lessee as applicable shall obtain the prior written Approval approval of Lender. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower under the security agreement shall constitute a default under this Mortgage. If Borrower fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, Lender, at its option, may pay the secured amount and Lender shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 13.4 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the lien is permitted by Section 10.7(vii) or if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to Lender.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Grantee from the effect of U.C.C. Section 9-313334, as amended from time to time and as enacted in the State, in the event that Borrower Grantor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Grantor shall obtain the prior written Approval approval of LenderGrantee. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Grantor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Grantor under the security agreement shall constitute a default under this MortgageDeed To Secure Debt. If Borrower Grantor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderGrantee, at its option, may pay the secured amount and Lender Grantee shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Grantee shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed To Secure Debt in a manner satisfactory to LenderGrantee.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Administrative Agent from the effect of U.C.C. Section 9-313, as amended from time to time and as enacted in the StateState of Florida, in the event that Borrower Mortgagor intends to purchase any goods which may become fixtures attached to the Mortgaged Property, or any part of the Mortgaged Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Mortgagor shall obtain the prior written Approval approval of LenderAdministrative Agent. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Mortgagor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Mortgagor under the security agreement shall constitute a default under this Mortgage. If Borrower Mortgagor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderAdministrative Agent, at its option, may pay the secured amount and Lender Administrative Agent shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Administrative Agent shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to Lender.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is ---------------------------------------------------- understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 9-313, as amended from time to time and as enacted in the State, in the event that Borrower Grantor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Grantor shall obtain the prior written Approval approval of LenderBeneficiary, which approval shall not be unreasonably withheld, conditioned or delayed. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Grantor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Grantor under the security agreement beyond applicable cure periods shall constitute a default under this MortgageDeed of Trust. If Borrower Grantor fails to make any payment beyond applicable cure periods on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner satisfactory to LenderBeneficiary.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 928:9-313334, as amended from time to time and as enacted in the State, in the event that Borrower Grantor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Grantor shall obtain the prior written Approval approval of LenderBeneficiary. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Grantor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Grantor under the security agreement shall constitute a default under this Mortgage. Deed of Trust If Borrower Grantor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 13.4 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner satisfactory to LenderBeneficiary.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 9-3139334, as amended from time to time and as enacted in the State, in the event that Borrower Trustor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Trustor shall obtain the prior written Approval approval of LenderBeneficiary. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Trustor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Trustor under the security agreement shall constitute a default under this MortgageDeed of Trust. If Borrower Trustor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 13.4 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner satisfactory to LenderBeneficiary.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Mortgagee from the effect of U.C.C. Section 9-313, as amended from time to time and as enacted in the State, in the event that Borrower Mortgagor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before Except as permitted under Section 10.02, before executing any -------------- security agreement or other document evidencing or perfecting the security interest, Borrower Mortgagor shall obtain the prior written Approval approval of LenderMortgagee. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Mortgagor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Mortgagor under the security agreement shall constitute a default under this Mortgage. If Borrower Mortgagor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderMortgagee, at its option, may pay the secured amount and Lender Mortgagee shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Except for the financing permitted under Section 10.02, Mortgagee shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall ----------------- --- ------------- not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to LenderMortgagee.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 9-313, as amended from time to time and as enacted in the StateCommonwealth of Virginia, in the event that Borrower Grantor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Grantor shall obtain the prior written Approval approval of LenderBeneficiary. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Grantor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Grantor under the security agreement shall constitute a default under this MortgageDeed of Trust. If Borrower Grantor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs SUBPARAGRAPHS (bB) and (cC) of this Section SECTION 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner satisfactory to LenderBeneficiary.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 9-3139324, as amended from time to time and as enacted in the State, in the event that Borrower Trustor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Trustor shall obtain the prior written Approval approval of LenderBeneficiary. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Trustor shall pay all sums and perform all obligations secured by the security agreement. A payment default or other material default by Borrower Trustor under the any security agreement where the 41 000 Xxxxxx Xxxxxx - Deed of Trust outstanding amount of indebtedness is $100,000 or more shall constitute a default under this MortgageDeed of Trust. If Borrower Trustor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner reasonably satisfactory to LenderBeneficiary.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 9-3139313, as amended from time to time and as enacted in the State, in the event that Borrower Trustor and/or Operating Lessee as applicable intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Trustor and/or Operating Lessee as applicable shall obtain the prior written Approval approval of LenderBeneficiary. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Trustor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Trustor under the security agreement shall constitute a default under this MortgageDeed of Trust. If Borrower Trustor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 13.4 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the lien is permitted by Section 10.7(vii) or if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner satisfactory to LenderBeneficiary.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender from the effect of U.C.C. Section 9-313, as amended from time to time and as enacted in the State, in the event that Borrower intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower shall obtain the prior written Approval approval of Lender. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower under the security agreement shall constitute a default under this Mortgage. If Borrower fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, Lender, at its option, may pay the secured amount and Lender shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to Lender.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Mortgagee from the effect of U.C.C. Section 9-313, as amended from time to time and as enacted in the State, in the event that Borrower Mortgagor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before Except as permitted under clause (t) of the definition of “Special Purpose Entity” in Section 2.10 hereof, before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Mortgagor shall obtain the prior written Approval approval of LenderMortgagee. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Mortgagor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Mortgagor under the security agreement shall constitute a default under this Mortgage. If Borrower Mortgagor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderMortgagee, at its option, may pay the secured amount and Lender Mortgagee shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Except for the financing permitted under clause (t) of the definition of “Special Purpose Entity” in Section 2.10 hereof, Mortgagee shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to LenderMortgagee.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender from the effect of U.C.C. Section 9-3139313, as amended from time to time and as enacted in the State, in the event that Borrower Affiliated Guarantor and/or Operating Lessee as applicable intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Affiliated Guarantor and/or Operating Lessee as applicable shall obtain the prior written Approval approval of Lender. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Affiliated Guarantor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Affiliated Guarantor under the security agreement shall constitute a default under this Mortgage. If Borrower Affiliated Guarantor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, Lender, at its option, may pay the secured amount and Lender shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 13.4 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the lien is permitted by Section 10.7(vii) or if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to Lender.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 9-3139313, as amended from time to time and as enacted in the State, in the event that Borrower Affiliated Guarantor and/or Operating Lessee as applicable intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Affiliated Guarantor and/or Operating Lessee as applicable shall obtain the prior written Approval approval of LenderBeneficiary. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Affiliated Guarantor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Affiliated Guarantor under the security agreement shall constitute a default under this MortgageDeed of Trust. If Borrower Affiliated Guarantor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 13.4 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the lien is permitted by Section 10.7(vii) or if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner satisfactory to LenderBeneficiary.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Mortgagee from the effect of U.C.C. Section 9-3139‑313, as amended from time to time and as enacted in the State, in the event that Borrower Mortgagor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before Except as permitted under clause (t) of the definition of “Special Purpose Entity” in Section 2.10 hereof, before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Mortgagor shall obtain the prior written Approval approval of LenderMortgagee. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Mortgagor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Mortgagor under the security agreement shall constitute a default under this Mortgage. If Borrower Mortgagor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderMortgagee, at its option, may pay the secured amount and Lender Mortgagee shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Except for the financing permitted under clause (t) of the definition of “Special Purpose Entity” in Section 2.10 hereof, Mortgagee shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable non‑negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to LenderMortgagee.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender from the effect of U.C.C. Section 9-313, as amended from time to time and as enacted in the State, in the event that Borrower intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower shall obtain the prior written Approval approval of Lender. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower under the security agreement shall constitute a default under this Mortgage. If Borrower fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, Lender, at its option, may pay the secured amount and Lender shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value value, and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage in a manner satisfactory to Lender.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender from the effect of U.C.C. Section 9-3139‑313, as amended from time to time and as enacted in the State, in the event that Borrower intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before Except as permitted under clause (t) of the definition of “Special Purpose Entity” in Section 2.10 hereof, before executing any security agreement or other document evidencing or perfecting the security interest, Borrower shall obtain the prior written Approval approval of Lender. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower under the security agreement shall constitute a default under this MortgageSecurity Instrument. If Borrower fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, Lender, at its option, may pay the secured amount and Lender shall be subrogated to the rights of the holder of the purchase money security interest. (c) Except for the financing permitted under clause (t) of the definition of “Special Purpose Entity” in Section 2.10 hereof, Lender shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable non‑negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Security Instrument in a manner satisfactory to Lender.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 928:9-313334, as amended from time to time and as enacted in the State, in the event that Borrower Grantor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Grantor shall obtain the prior written Approval approval of LenderBeneficiary. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Grantor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Grantor under the security agreement shall constitute a default under this MortgageDeed of Trust. If Borrower Grantor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated probated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 13.4 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner satisfactory to LenderBeneficiary.

PROTECTION AGAINST PURCHASE MONEY SECURITY INTERESTS. It is understood and agreed that in order to protect Lender Beneficiary from the effect of U.C.C. Section 9-3139334, as amended from time to time and as enacted in the State, in the event that Borrower Trustor intends to purchase any goods which may become fixtures attached to the Property, or any part of the Property, and such goods will be subject to a purchase money security interest held by a seller or any other party: (a) Before executing any security agreement or other document evidencing or perfecting the security interest, Borrower Trustor shall obtain the prior written Approval approval of LenderBeneficiary unless the security interest is a Permitted Exception. All requests for such written Approval approval shall be in writing and contain the following information: (i) a description of the fixtures; fixtures (ii) the address at which the fixtures will be located; and (iii) the name and address of the proposed holder and proposed amount of the security interest. (b) Borrower Trustor shall pay all sums and perform all obligations secured by the security agreement. A default by Borrower Trustor under the security agreement (after the expiration of any applicable periods of notice and/or cure) shall constitute a default under this MortgageDeed of Trust. If Borrower Trustor fails to make any payment on an obligation secured by a purchase money security interest in the Personal Property or any fixtures, LenderBeneficiary, at its option, may pay the secured amount and Lender Beneficiary shall be subrogated to the rights of the holder of the purchase money security interest. (c) Lender Beneficiary shall have the right to acquire by assignment from the holder of the security interest for the Personal Property or fixtures, all contract rights, accounts receivable, negotiable or non-negotiable instruments, or other evidence of indebtedness and to enforce the security interest as assignee. (d) The provisions of subparagraphs (b) and (c) of this Section 13.04 13.4 shall not apply if the goods which may become fixtures are of at least equivalent value and quality as the Personal Property being replaced and if the rights of the party holding the security interest are expressly subordinated to the lien and security interest of this Mortgage Deed of Trust in a manner satisfactory to LenderBeneficiary.