Security Agreement and Financing Statement. This Mortgage (a) creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Mortgage constitutes a security agreement from Mortgagor to Beneficiary under the Uniform Commercial Code of the State, and(b) creates a security interest in favor of Beneficiary for all sums at any time on deposit for the benefit of Mortgagor or held by Beneficiary (whether deposited by or on behalf of Mortgagor or anyone else) pursuant to any of the provisions of this Mortgage or the other Loan Documents. In addition to all of its other rights under this Mortgage and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Mortgagor and Beneficiary are set forth in Section 2.4 below. A carbon, photographic or other reproduction of this Mortgage or any other financing statement relating to this Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Mortgagor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Mortgage. The foregoing authorization includes Mortgagor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (i) as “all assets” of Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (ii) as being of an equal or lesser scope or with greater detail.
Security Agreement and Financing Statement. This Mortgage shall also constitute, and shall be construed as, a security agreement and as a financing statement with respect to the Collateral, notwithstanding the execution and filing of additional financing statements covering the same Collateral.
10.1. The Mortgagor shall from time to time, within fifteen (15) days after request by Mortgagee, execute, acknowledge and deliver any Financing Statement, Renewal Affidavit, Certificate, Continuation Statement, Inventory or other similar documents as the Mortgagee may reasonably request in order to protect, preserve, continue, extend or maintain the security interest granted in this Mortgage and shall, upon demand, pay any and all reasonable expenses incurred by the Mortgagee in the preparation, execution and filing of any such documents.
10.2. A carbon, photographic, photocopy or other reproduction of this Mortgage will constitute a financing statement and Mortgagor consents to the filing thereof as a financing Statement.
Security Agreement and Financing Statement. The mailing address of debtor (Lessee herein) and of the secured party (Lessor herein) from which information concerning security interests hereunder may be obtained is as set forth on the signature pages of this Agreement. A carbon, photographic or other reproduction of this Agreement or of any financing statement related to this Agreement shall be sufficient as a financing statement for any of the purposes referenced herein.
Security Agreement and Financing Statement. This Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Mortgage constitutes a security agreement from Mortgagor to Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Mortgage and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Mortgagor and Beneficiary are set forth in the opening paragraph of this Mortgage. A carbon, photographic or other reproduction of this Mortgage or any other financing statement relating to this Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Mortgagor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Mortgage.
Security Agreement and Financing Statement. 6.1 This Deed of Trust shall constitute a security agreement and shall also constitute and may be filed as a financing statement under applicable codifications of the Uniform Commercial Code (Colorado). In addition to all other rights and remedies available to the Beneficiary upon any default of the Borrower, the Beneficiary shall, upon any default, be entitled to exercise any one or more remedies granted to a secured party on default under the Uniform Commercial Code (Colorado). This security agreement (and financing statement, if applicable) covers and extends to all proceeds of collateral.
6.2 Borrower hereby grant to Beneficiary a security interest in all personal property and fixtures constituting a part of the Properties (whether same are now located thereon or subsequently acquired and used or obtained in connection therewith).
6.3 The fact that the proceeds from the sale of production attributable to the Properties are included as part of the collateral under this security agreement is not intended to limit, supersede, or negate, in any manner, the Assignment of Production set forth above.
6.4 Borrower represent and warrant that no financing statement covering the Properties, or any part thereof, has been filed with any filing officer, and no other security interest has attached or been perfected in the said Properties, or any part thereof.
6.5 Certain of the Properties are or are to become, fixtures on the lands and/or leases described in Exhibit "A."
6.6 The minerals and the like (including carbon dioxide) or accounts produced from the Properties will be financed at the wellhead of the wells located on the lands and/or leases described in Exhibit "A." Xxxx Deed of Trust shall be effective as a financing statement covering minerals or the like (including oil and gas) and accounts from the Properties subject to Subsection (5) of Section 9.103.1 of the Uniform Commercial Code.
6.7 This instrument may be presented to a filing officer under the Uniform Commercial Code (Colorado) to be filed of record as a non-standard financing statement covering all personal property of any kind or character defined in and subject to the Uniform Commercial Code (Colorado), including carbon dioxide and other minerals and fixtures. This instrument is to be filed of record as a financing statement in the real estate records. The Beneficiary shall have the right at any time to file a manually executed counterpart or a carbon, photographic or other reproduction of this De...
Security Agreement and Financing Statement. This Mortgage shall constitute a security agreement with respect to personal property and fixtures in which Mortgagee has been granted a security interest hereby, and shall also constitute a Financing Statement pursuant to the Uniform Commercial Code to be filed in the real estate records of the respective counties in which the Mortgaged Properties are located. Mortgagor authorizes Mortgagee to file from time to time where permitted by law, such financing statements against the Mortgaged Properties as required or desired by Mortgagee to perfect the security interest granted in this Mortgage. Mortgagor will from time to time, at the request of Mortgagee, execute any and all additional documents in a form satisfactory to Mortgagee which Mortgagee may consider necessary or appropriate to perfect its security interest.
Security Agreement and Financing Statement. 3.11.1 This Security Instrument is a real property Security Instrument and a “security agreement” and a “financing statement” within the meaning of the applicable Uniform Commercial Code (the “Code”). The Collateral includes both real and personal property, including timber to be cut, as-extracted collateral and goods, including goods which are or are to become fixtures, and all other rights and interests, whether tangible or intangible in nature, of Borrower in the Collateral. Borrower, by executing and delivering this Security Instrument, grants to Grantee, as security for the Obligations, a security interest in and Lien upon the Code Collateral and in all other Collateral to the full extent that the Code Collateral and such other Collateral may be subject to the Code. Grantee, by accepting this Security Instrument, agrees to and enters into this Security Agreement. Borrower authorizes Grantee to prepare and file such financing statements and further assurances as Grantee may, from time to time, deem necessary in order to create, perfect, and preserve the Liens granted in this Section. This Security Instrument shall also constitute a financing statement covering goods and inventory, including goods that are to become fixtures and a financing statement covering timber to be cut and as-extracted collateral, for the purposes of the Code. Information concerning the security interest(s) herein granted in the Code Collateral may be obtained from Grantee upon request at the address given herein.
3.11.2 Borrower has made certain representations and covenants, including but not limited to the following information and covenants, to Grantee in the Credit Agreement regarding information necessary to assure compliance with the Code and Borrower represents and warrants to the Grantee that all such information pertaining to the Borrower is accurate and complete in all respects.
3.11.3 Because this Security Instrument also constitutes a UCC financing statement, the following information is included herein, and Borrower represents and warrants the truth and accuracy thereof:
(a) The name of the Debtor is Timberlands II, LLC.
(b) The mailing address of Debtor is c/o Xxxxx REIT, Inc., 6000 Xxx Xxxxxxx Xxxxxxx, Xxxxxxxx, Xxxxxxx 00000-0000.
(c) The type of organization of Debtor is limited liability company.
(d) The jurisdiction of organization of Debtor is Delaware.
(e) The organizational identification number, if any, of Debtor is 4335699.
(f) The name of Secured Party i...
Security Agreement and Financing Statement. This Security Agreement constitutes a security agreement as to all or any part of the Collateral which is of a nature that a security interest therein can be perfected under the Commercial Code. This Security Agreement also constitutes a financing statement with respect to any and all property included in the Collateral which is or may become fixtures.
Security Agreement and Financing Statement. A Security Agreement or Agreements executed by the Borrower and each Subsidiary granting a first lien on all accounts receivables and inventory of the Borrower and each of its Subsidiaries. Borrower and each Subsidiary shall also execute and deliver Uniform Commercial Code Financing Statements to Lender to perfect the security interest granted under said Security Agreement;
Security Agreement and Financing Statement. To the extent permitted by applicable law, this Forty- Supplemental Indenture shall be deemed to be a Security Agreement and Financing Statement whereby the Company grants to the Trustee a security interest in all of the Trust Estate that is personal property or fixtures under the Uniform Commercial Code, as adopted or hereafter adopted in one or more of the states in which any part of the properties of the Company are situated. The mailing address of the Company, as debtor is: 0000 Xxxx Xxxxxxxx Xxxxx Xxxxxx, Xxxxxxx 00000-0000, and the mailing address of the Trustee, as secured party, is:
