PURPOSE OF SECURING. Trustor makes the grant, conveyance, transfer and assignment set forth in Article 1 (Grant in Trust), makes the assignment set forth in Article 3 (Assignment of Leases and Rents), and grants the security interest set forth in Article 4 (Security Interest in Related Personalty), all for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Lxxxxx may choose: (a) Payment of the indebtedness evidenced by that certain Promissory Note of even date herewith given by Trustor in favor of Lxxxxx, [__________] Dollars ([__________]), and having a final maturity date of [__________] (as the same may be increased, renewed, amended, restated, or otherwise modified from time to time, the “Promissory Note”), together with all interest, late charges, prepayment fees, additional interest, collection costs, fees, and expenses as provided in the Promissory Note; (b) Payment and performance of all obligations of Trustor under this Deed of Trust; (c) Prompt and complete performance and observance of each and every covenant, obligation, or agreement of Trustor contained in this Deed of Trust or contained in any other document or instrument given by Trustor to further evidence or secure the indebtedness represented by the Promissory Note, but excluding any separate environmental indemnity; and (d) Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing loans that specifically state that they are secured by this Deed of Trust. This Deed of Trust also secures payment of all obligations of Trustor under the Promissory Note which arise after the Promissory Note is extended, renewed, modified or amended pursuant to any written agreement between Trustor and Lender, and all obligations of Trustor under any successor agreement or instrument which restates and supersedes the Promissory Note in its entirety. This Deed of Trust does not secure any obligation which expressly states that it is unsecured, whether contained in the foregoing Promissory Note or in any other document, agreement or instrument. Without limiting the generality of the foregoing, this Deed of Trust does not and shall not in any event be deemed to, secure the obligations of Trustor owing to Lender under the Environmental Indemnity executed in connection with the foregoing Promissory Note or any obligations that are the substantial equivalent thereof.
Appears in 1 contract
Samples: Deed of Trust (Arrived Homes, LLC)
PURPOSE OF SECURING. Trustor makes the grant, conveyance, transfer and assignment set forth in Article 1 (Grant in Trust)Section 1, makes the irrevocable and absolute assignment set forth in Article 3 (Assignment of Leases and Rents)Section 3, and grants the security interest set forth in Article 4 (Security Interest in Related Personalty)Section 4, all for the purpose of securing the following obligations (the “"Secured Obligations”") in any order of priority that Lxxxxx Beneficiary may choose:
(a) Payment of all obligations of LIFELOC TECHNOLOGIES, INC. ("Obligor") to Beneficiary arising under the indebtedness evidenced by that following instrument(s) or agreement(s) (collectively, the "Debt Instrument"):
(i) A certain Promissory Note Loan Agreement dated as of even date herewith given by Trustor October 29, 2014, between Obligor and Beneficiary which provides for extensions of credit in favor a principal amount not exceeding One Million Six Hundred Twelve Thousand Nine Hundred Eighty-One Dollars and No Cents ($1,612,981.00). This Deed of Lxxxxx, [__________] Dollars ([__________]), and having a final maturity date Trust also secures payment of [__________] (as all obligations of Obligor under the same may be increasedDebt Instrument which arise after the Debt Instrument is extended, renewed, amended, restated, modified or otherwise modified from time amended pursuant to time, the “Promissory Note”), together with all interest, late charges, prepayment fees, additional interest, collection costs, feesany written agreement between Obligor and Beneficiary, and expenses as provided all obligations of Obligor under any successor agreement or instrument which restates and supersedes the Debt Instrument in the Promissory Noteits entirety;
(b) Payment and performance of all obligations of Trustor under this Deed of Trust;
(c) Prompt Payment and complete performance and observance of each and every covenant, obligation, or agreement all obligations of Trustor contained in this Deed of Trust or contained in any other document or instrument given by Trustor to further evidence or secure the indebtedness represented by the Promissory Note, but excluding any separate environmental indemnity; and
(d) Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor Obligor under any promissory note or notes Swap Contract with respect to which there is a writing evidencing Payment of any additional sums (and accrued interest) the parties' agreement that may said Swap Contract shall be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing loans that specifically state that they are secured by this Deed of Trust. This Deed of Trust also secures payment of all obligations of Trustor under the Promissory Note which arise after the Promissory Note is extended"Swap Contract" means any document, renewedinstrument or agreement with Beneficiary, modified now existing or amended pursuant to any written agreement between Trustor and Lender, and all obligations of Trustor under any successor agreement or instrument which restates and supersedes the Promissory Note in its entirety. This Deed of Trust does not secure any obligation which expressly states that it is unsecured, whether contained entered into in the foregoing Promissory Note future, relating to an interest rate swap transaction, forward rate transaction, interest rate cap, floor or in collar transaction, any other documentsimilar transaction, agreement or instrument. Without limiting the generality any option to enter into any of the foregoing, this Deed and any combination of Trust does not and shall not the foregoing, which agreement may be oral or in writing, including, without limitation, any event be deemed to, secure the obligations master agreement relating to or governing any or all of Trustor owing to Lender under the Environmental Indemnity executed in connection with the foregoing Promissory Note and any related schedule or any obligations that are the substantial equivalent thereof.confirmation, each as amended from time to time;
Appears in 1 contract
PURPOSE OF SECURING. Trustor Grantor makes the grant, conveyance, transfer and assignment set forth in Article 1 (Grant in Trust), IN TRUST, makes the irrevocable and absolute assignment set forth in Article 3 (Assignment of Leases and Rents), and grants the security interest set forth in Article 4 (Security Interest in Related Personalty), all for the purpose of securing the following obligations (collectively, the “Secured Obligations”) in any order of priority that Lxxxxx Beneficiary may choose:
(a) Payment of the indebtedness evidenced by that certain Promissory Note of even date herewith given by Trustor Grantor in favor of LxxxxxBeneficiary, pursuant to which Beneficiary made a loan to Grantor in the maximum principal amount of [__________] __________ Dollars ([$__________]__)] (the “Maximum Principal Amount”), and having a final maturity date of [___________, 20__] (as the same may be increased, renewed, amended, restated, or otherwise modified from time to time, the “Promissory Note”), together with all interest, late charges, prepayment fees, additional interest, collection costs, fees, and expenses as provided in the Promissory Note, and any future advances of amounts available for borrowing under the Promissory Note, to the fullest extent permitted under Section 30-00-000, Colorado Revised Statutes, and/or other applicable law;
(b) Payment and performance of all obligations of Trustor Grantor under this Deed of Trust;
(c) Prompt and complete performance and observance of each and every covenant, obligation, or agreement of Trustor Grantor contained in this Deed of Trust or contained in any other document or instrument given by Trustor Grantor to further evidence or secure the indebtedness represented by the Promissory Note, but excluding any separate environmental indemnity; and
(d) Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender Beneficiary to Trustor under any promissory note or notes evidencing Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor Grantor under any promissory note or notes evidencing loans that specifically state that they are secured by this Deed of Trust. This Deed of Trust also secures payment of all obligations of Trustor under the Promissory Note which arise after the Promissory Note is extended, renewed, modified or amended pursuant to any written agreement between Trustor and Lender, and all obligations of Trustor under any successor agreement or instrument which restates and supersedes the Promissory Note in its entirety. This Deed of Trust does not secure any obligation which expressly states that it is unsecured, whether contained in the foregoing Promissory Note or in any other document, agreement or instrument. Without limiting the generality of the foregoing, this Deed of Trust does not and shall not in any event be deemed to, secure the obligations of Trustor owing to Lender under the Environmental Indemnity executed in connection with the foregoing Promissory Note or any obligations that are the substantial equivalent thereof.
Appears in 1 contract
PURPOSE OF SECURING. Trustor makes Moxxxxxxx xakes the grant, conveyance, transfer and assignment set forth in Article 1 (Grant in Trust)Section 1, makes the irrevocable and absolute assignment set forth in Article 3 (Assignment of Leases and Rents)Section 3, and grants the security interest set forth in Article 4 (Security Interest in Related Personalty)Section 4, all for the purpose of securing the following obligations (the “"Secured Obligations”") in any order of priority that Lxxxxx Mortgagee may choose:
(a) Payment of all obligations of Solitron Devices, Inc., a Delaware corporation (the indebtedness evidenced by that "Obligor") to Mortgagee arising under the following instrument(s) or agreement(s) (collectively, the "Debt Instrument"):
(i) That certain Promissory Note dated as of even date herewith given May 21, 2024, payable by Trustor Obxxxxx xs maker in favor the stated principal amount of Lxxxxx, [__________] One Million Four Hundred Thousand and 00/100 Dollars ([__________]$1,400,000.00) to the order of Mortgagee.
(ii) That certain Loan Agreement dated as of May 21, 2024, between Obligor and Mortgagee which provides for extensions of credit in a principal amount not exceeding One Million Four Hundred Thousand and 00/100 Dollars ($1,400,000.00), . The Note and having a final maturity date of [__________] (the Loan Agreement are collectively referred to herein as the same may be increased"Debt Instruments" and each as a "Debt Instrument". This Mortgage also secures payment of all obligations of the Obligor under any Debt Instrument which arises after such Debt Instrument is extended, renewed, modified or amended, restatedincluding any increase in interest rate, or otherwise modified from time pursuant to time, any written agreement between the “Promissory Note”), together with all interest, late charges, prepayment fees, additional interest, collection costs, feesObligor and Mortgagee, and expenses as provided all obligations of the Obligor under any successor agreement or instrument which restates and supersedes any Debt Instrument in the Promissory Noteits entirety;
(b) Payment and performance of all obligations of Trustor the Mortgagor under this Deed of TrustMortgage;
(c) Prompt Payment and complete performance and observance of each and every covenantall obligations of the Obligor under any Swap Contract related to the Debt Instruments. "Swap Contract" means any document, obligation, instrument or agreement with Mortgagee, now existing or entered into in the future, relating to an interest rate swap transaction, forward rate transaction, interest rate cap, floor or collar transaction, any similar transaction, any option to enter into any of Trustor contained the foregoing, and any combination of the foregoing, which agreement may be oral or in this Deed writing, including, without limitation, any master agreement relating to or governing any or all of Trust the foregoing and any related schedule or contained in any other document or instrument given by Trustor confirmation, each as amended from time to further evidence or secure the indebtedness represented by the Promissory Note, but excluding any separate environmental indemnitytime; and
(d) Payment and performance of all future advances and other obligations that Moxxxxxxx (or any additional sums successor in interest to Moxxxxxxx) or Obligor (and accrued interestif different from Mortgagor) may agree to pay and/or perform (whether as principal, surety or guarantor) to or for the benefit of Mortgagee, when a writing signed by Moxxxxxxx (or any successor in interest to Mortgagor) evidences said parties' agreement that may such advance or obligation be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing loans that specifically state that they are secured by this Deed of TrustMortgage and such writing is filed in the relevant real property records. This Deed of Trust also secures payment of all obligations of Trustor under the Promissory Note which arise after the Promissory Note is extended, renewed, modified or amended pursuant to any written agreement between Trustor and Lender, and all obligations of Trustor under any successor agreement or instrument which restates and supersedes the Promissory Note in its entirety. This Deed of Trust Mortgage does not secure any obligation which expressly states that it is unsecured, whether contained in the foregoing Promissory Note Debt Instruments or in any other document, agreement or instrument. Without limiting Unless specifically described in subparagraph (a) above or otherwise agreed in writing, "Secured Obligations" shall not include any debts, obligations or liabilities which are or may hereafter be "consumer credit" subject to the generality disclosure requirements of the foregoing, this Deed of Trust does not and shall not Federal Truth in any event be deemed to, secure the obligations of Trustor owing to Lender under the Environmental Indemnity executed in connection with the foregoing Promissory Note Lending law or any obligations that are the substantial equivalent thereofregulation promulgated thereunder.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Solitron Devices Inc)
PURPOSE OF SECURING. Trustor Grantor makes the grant, bargain, sale, conveyance, transfer and assignment set forth in Article 1 (Grant in Trust)Section 1, makes the irrevocable and absolute assignment set forth in Article 3 (Assignment of Leases and Rents)Section 12, and grants the security interest set forth in Article 4 (Security Interest in Related Personalty)Section 16, all for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Lxxxxx Grantee may choose:
(a) Payment (i) the payment of the indebtedness evidenced by that certain Promissory Note of even date herewith given by Trustor in favor of Lxxxxx, [__________] Dollars ([__________]), Loan and having a final maturity date of [__________] (as the same may be increased, renewed, amended, restated, or otherwise modified from time to time, the “Promissory Note”), together with all interest, late charges, prepayment feespremium (if any), additional interestexit fee (if any), collection costs, feesreimbursement obligations, and expenses other indebtedness evidenced by or owing under the Note and the other Loan Documents (as defined in the Loan Agreement), together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrowers and the other Obligors (as defined in the Loan Agreement) to or benefiting Grantee which are evidenced or secured by or otherwise provided in this Deed to Secure Debt and the other Loan Documents; (iii) the reimbursement of Grantee of any and all sums incurred, expended or advanced by Grantee pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed to Secure Debt and the other Loan Documents, with interest thereon as provided herein or therein; (iv) the Obligations (as defined in the Promissory Note;Loan Agreement); (v) the payment and performance of all future advances and other obligations any of the Borrowers and the other Obligors (or any successor in interest to any of the foregoing) may agree to pay or perform (whether as principal, surety, or guarantor) to or for the benefit of Grantee; and (vi) so long as such obligations remain outstanding, the Guaranty Obligations (collectively, the foregoing items (i) through (vi) referred to herein as the “Indebtedness”).
(b) Payment and performance of all obligations of Trustor under this Deed of Trust;
(c) Prompt and complete performance and observance of each and every covenant, obligation, or agreement of Trustor contained in this Deed of Trust or contained in any other document or instrument given by Trustor to further evidence or secure the indebtedness represented by the Promissory Note, but excluding any separate environmental indemnity; and
(d) Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing loans that specifically state that they are secured by this Deed of Trust. This Deed of Trust also secures payment of all obligations of Trustor under the Promissory Note which arise after the Promissory Note is extended, renewed, modified or amended pursuant to any written agreement between Trustor and Lender, and all obligations of Trustor under any successor agreement or instrument which restates and supersedes the Promissory Note in its entirety. This Deed of Trust Secure Debt does not secure any obligations arising in favor of Grantee under any environmental agreements or any indemnities or other obligations related to hazardous substances or environmental laws relating to the Property or under any obligation which expressly states that it is unsecured, whether contained in the foregoing Promissory Note Debt Instrument or in any other document, agreement or instrument. Without limiting Unless specifically described in subsection (a) above or otherwise agreed in writing, “Secured Obligations” shall not include any debts, obligations or liabilities which are or may hereafter be “consumer credit” subject to the generality disclosure requirements of the foregoing, Federal Truth in Lending law or any regulation promulgated thereunder.
(c) It is the intention of Grantor and Grantee that this Deed to Secure Debt shall establish for the benefit of Trust does not and shall not Grantee a perpetual or indefinite security interest in any event be deemed to, the Property to secure the obligations of Trustor owing to Lender under the Environmental Indemnity executed in connection with the foregoing Promissory Note or any obligations that are the substantial equivalent thereofSecured Obligations as provided by O.C.G.A. Section 44-14-80(a)(2).
Appears in 1 contract
PURPOSE OF SECURING. Trustor makes (i) the grant, conveyance, transfer and assignment set forth in Article 1 (Grant in Trust), makes the assignment set forth in Article 3 (Assignment of Leases and Rents), and grants the security interest set forth in Article 4 (Security Interest in Related Personalty), all for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Lxxxxx may choose:
(a) Payment payment of the indebtedness evidenced by that certain Promissory Note of even date herewith given by Trustor in favor of Lxxxxx, [__________] Dollars ([__________]), Loan and having a final maturity date of [__________] (as the same may be increased, renewed, amended, restated, or otherwise modified from time to time, the “Promissory Note”), together with all interest, late charges, prepayment feesLIBOR breakage charges (as described in the Note), additional interestinterest rate swap or hedge expenses (if any), collection costsreimbursement obligations, feesfees and expenses for letters of credit issued by the Lender for the benefit of the Mortgagor and/or Borrowers, if any, and expenses other indebtedness evidenced by or owing under the Note, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Mortgagor and/or Borrowers to the Lender under and pursuant to (a) that certain ISDA Master Agreement and any and all schedules and exhibits thereto, dated of even date herewith, executed by and between the Borrowers and the Lender, as provided amended from time to time, together with interest thereon at the Default Rate (as defined in the Promissory Note;
), and (b) Payment any other interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and performance of all obligations of Trustor under this Deed of Trust;
between the Mortgagor and/or Borrowers and the Lender from time to time (ccollectively, “Interest Rate Agreements”), (iii) Prompt and complete the performance and observance of each the covenants, conditions, agreements, representations, warranties and every covenant, obligation, other liabilities and obligations of the Mortgagor and/or Borrowers or agreement of Trustor contained in this Deed of Trust or contained in any other document obligor to or instrument given benefiting the Lender which are evidenced or secured by Trustor to further evidence or secure otherwise provided in the indebtedness represented Note, this Mortgage or any of the other Loan Documents; (iv) any future advances by the Promissory Note, but excluding any separate environmental indemnity; and
(d) Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing Payment of any additional sums (and accrued interest) that may be loaned or advanced by Lender to Trustor under any promissory note or notes evidencing loans that specifically state that they are secured by this Deed of Trust. This Deed of Trust also secures payment of all obligations of Trustor under the Promissory Note which arise after the Promissory Note is extended, renewed, modified or amended pursuant to any written agreement between Trustor and Lender, and all obligations of Trustor under any successor agreement or instrument which restates and supersedes the Promissory Note in its entirety. This Deed of Trust does not secure any obligation which expressly states that it is unsecured, whether contained in the foregoing Promissory Note or in any other document, agreement or instrument. Without limiting the generality of the foregoing, this Deed of Trust does not and shall not in any event be deemed to, secure the obligations of Trustor owing to Lender under the Environmental Indemnity executed in connection with the foregoing Promissory Note Loan Documents; and (v) the reimbursement to the Lender of any and all sums incurred, expended or advanced by the Lender pursuant to any term or provision of or constituting additional indebtedness under or secured by this Mortgage, any of the other Loan Documents or any obligations that are Interest Rate Agreements or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, the substantial equivalent thereof.“Indebtedness”). IT IS FURTHER UNDERSTOOD AND AGREED THAT:
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Lifeway Foods Inc)