Common use of Security Agreement and Financing Statements Clause in Contracts

Security Agreement and Financing Statements. Trustor (as debtor) hereby grants to Beneficiary (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&E, Improvements, all other personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate and all products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal Property"). Trustor shall execute and/or deliver any and all documents and writings, including without limitation financing statements pursuant to the UCC, as may be necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary may reasonably request, and shall pay to Beneficiary on demand any reasonable expenses incurred by Beneficiary in connection with the preparation, execution and filing of any such documents. Trustor hereby authorizes and empowers Beneficiary to file, on Trustor's behalf, all financing statements and refiling and continuations thereof as advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the Guaranty. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Deed of Trust constitutes both a real property deed of trust and a "security agreement," within the meaning of the UCC, and the Trust Estate includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Trustor in the Trust Estate. Trustor by executing and delivering this Deed of Trust has granted to Beneficiary, as security of the Obligations, a security interest in the Trust Estate.

Security Agreement and Financing Statements. Trustor (a) Mortgagor (as debtor) hereby grants to Beneficiary Lender (as creditor and secured party) a present and future security interest under the Uniform Commercial Code in all Tangible Collateralfixtures, Intangible Collateralmachinery, FF&Eappliances, Improvementsequipment, all other furniture and personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interest, to the extent that such property constitutes a of every nature whatsoever constituting part of the Trust Estate (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate and all products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal Mortgaged Property"). Trustor Mortgagor shall execute and/or deliver any and all documents and writingsdocuments, including without limitation financing statements pursuant to the UCCUniform Commercial Code, as Lender may be necessary or prudent request to preserve preserve, maintain and maintain perfect the priority of the first lien and security interest granted created hereby on property which may be deemed subject to the foregoing security agreement personal property or as Beneficiary may reasonably requestfixtures, and shall pay to Beneficiary Lender on demand any reasonable expenses incurred by Beneficiary Lender in connection with the preparation, execution and filing of any such documents. Trustor Mortgagor hereby authorizes and empowers Beneficiary Lender and irrevocably appoints Lender the agent and attorney-in-fact of Mortgagor to execute and file, on Trustor's Mortgagor’s behalf, all financing statements and refiling refilings and continuations thereof as Lender deems necessary or advisable to create, preserve and protect said security interestsuch lien. Trustor acknowledges When and agrees that it is not authorized to, if Mortgagor and will not, authenticate or file, or authorize Lender shall respectively become the filing of, debtor and secured party in any Uniform Commercial Code financing statements or other record with respect to statement affecting the Personal Mortgaged Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted Lender takes possession of personal property delivered by Mortgagor where possession is the Guaranty. Trustor approves and ratifies any filing or recording means of records made by or on behalf of Beneficiary in connection with the perfection of the security interest interest), then, at Lender’s sole election, this Mortgage shall be deemed a security agreement as defined in favor of Beneficiary hereunder. This Deed of Trust constitutes both a real property deed of trust and a "security agreement," within the meaning of the UCCsuch Uniform Commercial Code, and the Trust Estate includes both real remedies for any violation of the covenants, terms and personal property conditions of the agreements herein contained shall be as prescribed herein or by general law, or, as to such part of the security which is also reflected in such financing statement, by the specific statutory consequences now or hereafter enacted and all other rights and interests, whether tangible or intangible in nature, of Trustor specified in the Trust Estate. Trustor by executing and delivering this Deed of Trust has granted to Beneficiary, as security of the Obligations, a security interest in the Trust EstateUniform Commercial Code.

Security Agreement and Financing Statements. Trustor (as debtor) hereby grants to Beneficiary (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&EFF&E (to the extent Beneficiary is permitted, in each applicable FF&E Financing Agreement, to maintain a security interest therein), Improvements, all other personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate and all proceeds of insurance policies and consideration awards arising therefrom and all proceeds, products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal PropertyPERSONAL PROPERTY"). Trustor shall execute and/or deliver any and all documents and writings, including without limitation financing statements pursuant to the UCC, as may be necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary may reasonably request, (other than as expressly provided in the Security Agreement), and shall pay to Beneficiary on demand any reasonable expenses incurred by Beneficiary in connection with the preparation, execution and filing of any such documents. Trustor hereby authorizes and empowers Beneficiary to execute and file, on Trustor's behalf, all financing statements and refiling and continuations thereof as advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the Guaranty. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Deed of Trust constitutes both a real property deed of trust and a "security agreement," within the meaning of the UCC, and the Trust Estate includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Trustor in the Trust Estate. Trustor by executing and delivering this Deed of Trust has granted to Beneficiary, as security of for the Obligations, a security interest in the Trust Estate.

Security Agreement and Financing Statements. Trustor (as debtor) hereby grants to Beneficiary (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&EFF&E (to the extent Beneficiary is not prohibited, in each applicable FF&E Financing Agreement, to maintain a security interest therein), Improvements (to the extent, in the case of Improvements described in clause (2) of the definition thereof, that Beneficiary is not prohibited in each applicable FF&E Financing Agreement covering such Improvements, to maintain a security interest therein), all other personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate and all proceeds of insurance policies and consideration awards arising therefrom and all proceeds, products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal Property"). Trustor shall execute and/or deliver any and all documents and writings, including without limitation financing statements pursuant to the UCC, as may be necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary may reasonably request, and shall pay to Beneficiary on demand any reasonable expenses incurred by Beneficiary in connection with the preparation, execution and filing of any such documents. Trustor hereby authorizes and empowers Beneficiary to execute and file, on Trustor's behalf, all financing statements and refiling and continuations thereof as advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the Guaranty. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Deed of Trust constitutes both a real property deed of trust and a "security agreement," within the meaning of the UCC, and the Trust Estate includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Trustor in the Trust Estate. Trustor by executing and delivering this Deed of Trust has granted to Beneficiary, as security of the Obligations, a security interest in the Trust Estate.

Security Agreement and Financing Statements. Trustor (as debtor) hereby grants to Beneficiary (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&EFF&E (to the extent Beneficiary is not prohibited, in each applicable FF&E Financing Agreement, to maintain a security interest therein), Improvements (to the extent, in the case of Improvements described in clause (2) of the definition thereof, that Beneficiary is not prohibited in each applicable FF&E Financing Agreement covering such Improvements, to maintain a security interest therein), all other personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate and all proceeds of insurance policies and consideration awards arising therefrom and all proceeds, products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal Property"). Trustor shall execute and/or deliver any and all documents and writings, including without limitation financing statements pursuant to the UCC, as may be necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary may reasonably request, and shall pay to Beneficiary on demand any reasonable expenses incurred by Beneficiary in connection with the preparation, execution and filing of any such documents. Trustor hereby authorizes and empowers Beneficiary to execute and file, on Trustor's behalf, all financing statements and refiling and continuations thereof as advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the Guaranty. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Leasehold Deed of Trust constitutes both a real property deed of trust and a "security agreement," within the meaning of the UCC, and the Trust Estate includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Trustor in the Trust Estate. Trustor by executing and delivering this Leasehold Deed of Trust has granted to Beneficiary, as security of the Obligations, a security interest in the Trust Estate.

Security Agreement and Financing Statements. Trustor (as debtor) Borrower hereby grants to Beneficiary (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&E, Improvements, all other personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interestof the Premises, to the extent that such property constitutes Premises may be subject to a security interest pursuant to the Code. From the date of its recording, this Mortgage shall be effective as a financing statement filed as a fixture filing pursuant to the Code with respect to all goods constituting part of the Trust Estate Premises (whether defined in section 1.2 of this Mortgage) which are or not such items are stored on to become fixtures related to the premises real estate described herein. The filing of a financing statement or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate and all products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal Property"). Trustor shall execute and/or deliver any and all documents and writings, including without limitation fixture financing statements statement pursuant to the UCCCode shall never impair the stated intention of this Mortgage that all such property is and at all times and for all purposes and in all proceedings both legal or equitable shall be regarded as part of the real property mortgaged hereunder irrespective of whether such item is physically attached to the real property or any such item is referred to or reflected in a financing statement or fixture financing statement. The addresses of Borrower, as debtor, and Mortgagee, as secured party, are set forth in this Mortgage. Borrower hereby consents to any actions taken by Mortgagee, from time to time, to file or otherwise perfect financing and continuation statements and Borrower agrees to execute any documents as Mortgagee may be necessary or prudent request to preserve perfect and maintain the priority of the security interest granted hereby on property which may be deemed subject to created by this Mortgage and any separate security agreements securing payment of the foregoing security agreement or as Beneficiary may reasonably request, Obligations and shall will pay to Beneficiary Mortgagee on demand any reasonable expenses incurred by Beneficiary Mortgagee in connection with the preparation, execution and filing of any such documents. Trustor hereby authorizes Mortgagee will have the right to exercise any and empowers Beneficiary all of its rights hereunder pursuant to filethe provisions of the Code, on Trustor's behalfwith such rights being construed in accordance with such Code and without waiving or relinquishing any rights which it may have as Mortgagee. This Mortgage may be utilized separately as a security agreement alone, all financing statements mortgage alone or mortgage and refiling security agreement combined. Written notice, when required by law, sent to Borrower at least ten calendar days (counting the day of sending) before a proposed disposition of any Personal Property, is reasonable notice. Borrower represents and continuations thereof as advisable warrants to createMortgagee: that the exact legal name of Borrower is set forth in the first paragraph of this Mortgage; that Borrower is organized under the laws of the state set forth in the first paragraph of this Mortgage; that Borrower is an organization of the type described in the first paragraph of this Mortgage. Borrower covenants that Borrower will not cause or permit any change to be made in its name, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized toidentity or organizational structure unless Borrower shall have first notified Mortgagee in writing of such change at least 30 days prior to the effective date of such change, and will not, authenticate shall have first taken all action required by Mortgagee for the purpose of perfecting or file, or authorize protecting the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the Guaranty. Trustor approves lien and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunderMortgagee. This Deed Borrower’s principal place of Trust constitutes both a real property deed of trust business and a "security agreement," within the meaning of the UCCchief executive office, and the Trust Estate includes both real place where Borrower keeps its books and personal property and all other rights and interestsrecords, whether tangible including recorded data of any kind or intangible in nature, of Trustor in the Trust Estate. Trustor by executing and delivering this Deed of Trust has granted to Beneficiary, as security regardless of the Obligationsmedium or recording, a security interest including software, writings, plans, specifications and schematics, has been for the preceding four months (or, if less, the entire period of the existence of Borrower) and will continue to be the address of Borrower set forth herein (unless Borrower notifies Mortgagee in writing at least 30 days prior to the Trust Estatedate of such change). Borrower shall promptly notify Mortgagee of any change in its organizational identification number. If Borrower does not now have an organizational identification number and later obtains one, Borrower promptly shall notify Mortgagee of such organizational identification number.

Security Agreement and Financing Statements. Trustor (as debtor) hereby grants to Beneficiary (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&EFF&E (to the extent Beneficiary is permitted, in each applicable FF&E Financing Agreement, to maintain a security interest therein), Improvements, all other personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate and all proceeds of insurance policies and consideration awards arising therefrom and all proceeds, products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal Property"). Trustor shall execute and/or deliver any and all documents and writings, including without limitation financing statements pursuant to the UCC, as may be necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary may reasonably request, (other than as expressly provided in the Security Agreement), and shall pay to Beneficiary on demand any reasonable expenses incurred by Beneficiary in connection with the preparation, execution and filing of any such documents. Trustor hereby authorizes and empowers Beneficiary to execute and file, on Trustor's behalf, all financing statements and refiling and continuations thereof as advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the Guaranty. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Deed of Trust constitutes both a real property deed of trust and a "security agreement," within the meaning of the UCC, and the Trust Estate includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Trustor in the Trust Estate. Trustor by executing and delivering this Deed of Trust has granted to Beneficiary, as security of for the Secured Obligations, a security interest in the Trust Estate.

Security Agreement and Financing Statements. Trustor Mortgagor (as debtor) hereby grants to Beneficiary Mortgagee (as creditor and secured party) a present and future security interest in in, except to the extent constituting Excluded Property, all Accounts Receivable, Tangible Collateral, Intangible Collateral, FF&E, Improvements, all other personal property now or hereafter owned or leased by Trustor Mortgagor or in which Trustor Mortgagor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate Mortgaged Property (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate Mortgaged Property and all proceeds of insurance policies and awards arising therefrom and all proceeds, products, substitutions, and accessions therefor and thereto, subject to Beneficiary's Mortgagee’s rights to treat such property as real property as herein provided (collectively, the "“Personal Property"”). Trustor Mortgagor shall execute and/or deliver any and all documents and writings, including without limitation financing statements pursuant to the UCC, as may be necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary Mortgagee may reasonably request, and shall pay to Beneficiary Mortgagee on demand any reasonable expenses incurred by Beneficiary Mortgagee in connection with the preparation, execution and filing of any such documents. Trustor Mortgagor hereby authorizes and empowers Beneficiary Mortgagee to execute and file, on Trustor's Mortgagor’s behalf, all financing statements and refiling and continuations thereof as advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that interest (which empowerment shall be irrevocable as it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record coupled with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereofan interest), except as permitted by the Guaranty. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Deed of Trust Mortgage constitutes both a real property deed of trust Mortgage and a "“security agreement," ” within the meaning of the UCC, and the Trust Estate Mortgaged Property includes both real and personal property and and, subject to the limitations set forth herein, all other rights and interests, whether tangible or intangible in nature, of Trustor Mortgagor in the Trust EstateMortgaged Property. Trustor Mortgagor by executing and delivering this Deed of Trust Mortgage has granted to BeneficiaryMortgagee, as security of for the Obligations, a security interest in the Trust EstateMortgaged Property and the items set forth in this Section 1.13.

Security Agreement and Financing Statements. Trustor Mortgagor (as debtor) hereby grants to Beneficiary Mortgagee (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&EFF&E (to the extent Mortgagee is permitted in each applicable FF&E Financing Agreement to maintain a security interest therein), Improvements, all other personal property now or hereafter owned or leased by Trustor Mortgagor or in which Trustor Mortgagor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate Mortgaged Property (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate Mortgaged Property and all proceeds of insurance policies and condemnation awards arising therefrom and all proceeds, products, substitutions, and accessions therefor and thereto, subject to BeneficiaryMortgagee's rights to treat such property as real property as herein provided (collectively, the "Personal PropertyPERSONAL PROPERTY"). Trustor ) Mortgagor shall execute and/or deliver any and all documents and writings, including without limitation financing statements pursuant to the UCC, as may be reasonably necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary Mortgagee may reasonably request, and shall pay to Beneficiary Mortgagee on demand any reasonable expenses incurred by Beneficiary Mortgagee in connection with the preparation, execution and filing of any such documents. Trustor Mortgagor hereby authorizes and empowers Beneficiary Mortgagee to execute and file, on TrustorMortgagor's behalf, all financing statements and refiling and continuations thereof as Mortgagee deems necessary or advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the Guaranty. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Deed of Trust Leasehold Mortgage constitutes both a real property deed of trust mortgage and a "security agreement," within the meaning of the UCC, UCC and the Trust Estate Mortgaged Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Trustor Mortgagor in the Trust EstateMortgaged Property. Trustor Mortgagor by executing and delivering this Deed of Trust Leasehold Mortgage has granted to BeneficiaryMortgagee, as security of for the ObligationsDebt, a security interest in the Trust EstateMortgaged Property.

Security Agreement and Financing Statements. Trustor (as debtor) hereby grants to Beneficiary (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&EFF&E (to the extent Beneficiary is permitted, in each applicable FF&E Financing Agreement, to maintain a security interest therein). Improvements, all other personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate (whether or not such items are stored on the premises or elsewhere), . Proceeds of the foregoing comprising a portion of the Trust Estate and all proceeds of insurance policies and consideration awards arising therefrom and all proceeds, products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal Property"). Trustor shall execute and/or deliver any and all documents and writings, . including without limitation financing statements pursuant to the UCC, . as may be reasonably necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary may reasonably request, and shall pay to Beneficiary on demand any reasonable expenses incurred by Beneficiary in connection with the preparation, execution and filing of any such documents. Trustor hereby authorizes and empowers Beneficiary to execute and file, on Trustor's behalf, all financing statements and refiling and continuations thereof as Beneficiary deems reasonably necessary or advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the Guaranty. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Deed of Trust constitutes both a real property deed of trust and a "security agreement," within the meaning of the UCC, and the Trust Estate includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Trustor in the Trust Estate. Trustor by executing and delivering this Deed of Trust has granted to Beneficiary, as security of the Obligations, a security interest in the Trust Estate.

Security Agreement and Financing Statements. Trustor (as debtor) hereby grants to Beneficiary (as creditor and secured party) a present and future security interest in all Tangible Collateral, Intangible Collateral, FF&E, Improvements, all other personal property now or hereafter owned or leased by Trustor or in which Trustor has or will have any interest, to the extent that such property constitutes a part of the Trust Estate (whether or not such items are stored on the premises or elsewhere), Proceeds of the foregoing comprising a portion of the Trust Estate and all products, substitutions, and accessions therefor and thereto, subject to Beneficiary's rights to treat such property as real property as herein provided (collectively, the "Personal Property"). Trustor shall execute and/or deliver any and all documents and writings, including without limitation financing statements pursuant to the UCC, as may be necessary or prudent to preserve and maintain the priority of the security interest granted hereby on property which may be deemed subject to the foregoing security agreement or as Beneficiary may reasonably request, and shall pay to Beneficiary on demand any reasonable expenses incurred by Beneficiary in connection with the preparation, execution and filing of any such documents. Trustor hereby authorizes and empowers Beneficiary to file, on Trustor's behalf, all financing statements and refiling and continuations thereof as advisable to create, preserve and protect said security interest. Trustor acknowledges and agrees that it is not authorized to, and will not, authenticate or file, or authorize the filing of, any financing statements or other record with respect to the Personal Property (including any amendments thereto, or continuation or termination statements thereof), except as permitted by the GuarantyIndenture Documents. Trustor approves and ratifies any filing or recording of records made by or on behalf of Beneficiary in connection with the perfection of the security interest in favor of Beneficiary hereunder. This Deed of Trust constitutes both a real property deed of trust and a "security agreement," within the meaning of the UCC, and the Trust Estate includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Trustor in the Trust Estate. Trustor by executing and delivering this Deed of Trust has granted to Beneficiary, as security of the Obligations, a security interest in the Trust Estate.