Common use of Replacement of Fixtures and Personalty Clause in Contracts

Replacement of Fixtures and Personalty. Grantor shall not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is obsolete and is replaced by an article of equal or better suitability and value, owned by Grantor subject to the liens and security interests of this Deed of Trust and the other Loan Documents, and free and clear of any other lien or security interest except such as may be first approved in writing by Beneficiary. Grantor shall not incorporate into the Mortgaged Property any item of personalty, fixtures or other property that is not owned by Grantor free and clear of all liens or security interests except for items leased pursuant to the Lease Agreement and except for the liens and security interests in favor of Beneficiary created by the Loan Documents.

Appears in 3 contracts

Samples: Lease Agreement (Westway Group, Inc.), Lease Agreement (Westway Group, Inc.), Lease Agreement (Westway Group, Inc.)

AutoNDA by SimpleDocs

Replacement of Fixtures and Personalty. Grantor shall not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is obsolete and is replaced by an article of equal or better suitability and value, owned by Grantor subject to the liens and security interests of this Deed of Trust and the other Loan Documents, and free and clear of any other lien or security interest except such as may be first approved in writing by Beneficiary. Grantor shall not incorporate into the Mortgaged Property any item of personalty, fixtures or other property that is not owned by Grantor free and clear of all liens or security interests except for items leased pursuant to the Lease Agreement and except for the liens and security interests in favor of Beneficiary created by the Loan Documents.

Appears in 3 contracts

Samples: Deed of Trust and Security Agreement (NNN 2003 Value Fund LLC), Westway Group, Inc., Westway Group, Inc.

AutoNDA by SimpleDocs

Replacement of Fixtures and Personalty. Grantor shall not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is obsolete and is replaced by an article of equal or better suitability and value, owned by Grantor subject to the liens and security interests of this Deed of Trust and the other Loan Documents, and free and clear of any other lien or security interest except such as may be first approved in writing by Beneficiary. Grantor shall not incorporate into the Mortgaged Mortgage Property any item of personalty, fixtures or other property that is not owned by Grantor free and clear of all liens or security interests except for items leased pursuant to the Lease Agreement and except for the liens and security interests in favor of Beneficiary created by the Loan Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!