Security Agreement; Fixture Filing. This Deed of Trust shall, as to any rents, equipment, furnishings and other personal property covered hereby (collectively, the "Personal Property") and constituting a portion of the Property, be deemed to constitute a security agreement, and Trustor hereby grants to Beneficiary, as secured party, for the benefit of the Holders, a security interest therein pursuant to the Nevada Uniform Commercial Code. Trustor agrees, as necessary, to execute any supplements to this Deed of Trust, any separate security agreement and any financing statements and continuation statements in order to include specifically any after acquired Personal Property or otherwise to perfect the security interest granted hereby. Upon the occurrence of an Event of Default, Beneficiary shall have all of the rights and remedies therein provided or otherwise provided by law or by this Deed of Trust or the other Loan Documents, including but not limited to the right but not the obligation to require Trustor to assemble the Personal Property and make it available to Beneficiary at a place to be designated by Beneficiary which is reasonably convenient to both parties, and subject to applicable Gaming Laws, the right to take possession of such Personal Property with or without demand and with or without process of law and the right to sell and dispose of the same and distribute the proceeds according to law. The parties hereto agree that any requirement of reasonable notice shall be met if Beneficiary sends such notice to Trustor at least ten days prior to the date of sale, disposition or other event giving rise to the required notice, and that the proceeds of any disposition of any such Personal Property may be applied by Beneficiary first to the expenses in connection therewith, including reasonable attorneys' fees and other legal expenses incurred, and then to payment of the other Obligations. The parties hereto further agree that any sale of the Personal Property held contemporaneously with any sale of the Land or other Property and upon the same notice as required in the Nevada Uniform Commercial Code shall be deemed to be a public sale conducted in a commercially reasonable manner. With respect to the Personal Property that has become so attached to the real property covered hereby that an interest therein arises under the real property law of the State of Nevada, this Deed of Trust shall also constitute a financing statement and a fixture filing under NRS § 104.9502.
Security Agreement; Fixture Filing. (a) To secure to Lender the repayment of the Indebtedness, and all renewals, extensions and modifications thereof, and the performance of the covenants and agreements of Borrower contained in the Loan Documents, Borrower hereby pledges, assigns, and grants to Lender a continuing security interest in the UCC Collateral. This Security Instrument constitutes a security agreement and a financing statement under the UCC. This Security Instrument also constitutes a financing statement pursuant to the terms of the UCC with respect to any part of the Mortgaged Property that is or may become a Fixture under applicable law, and will be recorded as a “fixture filing” in accordance with the UCC. Borrower hereby authorizes Lender to file financing statements, continuation statements and financing statement amendments in such form as Lender may require to perfect or continue the perfection of this security interest without the signature of Borrower. If an Event of Default has occurred and is continuing, Lender shall have the remedies of a secured party under the UCC or otherwise provided at law or in equity, in addition to all remedies provided by this Security Instrument and in any Loan Document. Lender may exercise any or all of its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability or validity of Lender’s other remedies. For purposes of the UCC, the debtor is Borrower and the secured party is Lender. The name and address of the debtor and secured party are set forth above which are the addresses from which information on the security interest may be obtained.
(b) Borrower represents and warrants that:
(1) Borrower maintains its chief executive office at the location set forth above, and Borrower will notify Lender in writing of any change in its chief executive office within five (5) days of such change; (2) Borrower is the record owner of the Mortgaged Property; (
Security Agreement; Fixture Filing. (a) This Mortgage is a Security Agreement as defined in the Pennsylvania Uniform Commercial Code (“UCC”). Notwithstanding the filing of any financing statement covering any of the Premises in the records normally pertaining to personal property, at Mortgagee’s option, all of the Premises, for all purposes and in all proceedings, legal or equitable, shall be regarded (to the extent permitted by law) as part of the Land. The mention in any such financing statement of any of the Premises shall not be construed as in any way altering any of the rights of Mortgagee or adversely affecting the priority of the lien granted hereby or by the Loan Documents, but such mention in the financing statement is hereby declared to be for the protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee’s priority of interest, to be effective against any third party, must be filed in the UCC records.
(b) Mortgagor shall execute and deliver to Mortgagee such documents, instruments and further assurances, in each case in form and substance satisfactory to Mortgagee, as Mortgagee may, from time to time, reasonably consider necessary to create, perfect and preserve Mortgagee’s security interest hereunder. Mortgagor hereby irrevocably authorizes Mortgagee to cause financing statements (and amendments thereto and continuations thereof) and any such documents, instruments and assurances to be recorded and filed, at such times and places as may be required or permitted by law to so create, perfect and preserve such security interest, and Mortgagor shall pay all reasonable costs and expenses incurred by Mortgagee in connection therewith, including, without limitation, reasonable attorneys’ fees and costs of filing or recordation.
(c) This Mortgage shall also constitute a “fixture filing” for the purposes of the UCC against all of the Premises which is or is to become fixtures related to the Premises. Mortgagor is the “Debtor” and its name and mailing address are set forth in the preamble of this Mortgage. Mortgagee is the “Secured Party” and its name and mailing address from which information concerning the security interest granted herein may be obtained are also set forth in the preamble of this Mortgage.
Security Agreement; Fixture Filing. This Mortgage is intended to be a security agreement pursuant to the Uniform Commercial Code ("UCC") for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and Borrower hereby grants Mortgagee a security interest in said items. This Mortgage shall also be deemed to be a fixture financing statement. For such purposes the following information is set forth:
(a) Name and address of Debtor: _____________________________
(b) Name and address of Secured Party: ________________________________
(c) Description of the type (or items) of property covered by this Financing Statement: Any fixtures described or referred to herein and included as the Property.
(d) Description of leasehold estate to which collateral is attached or upon which it is located: See Exhibit A.
(e) The above-described items of collateral are fixtures or shall become fixtures in or on the improvements on the real estate described in Exhibit A, the record owner of which is the Borrower, and this Financing Statement is to be filed for record in the real estate records. Borrower agrees that Mortgagee may file this Mortgage, or a reproduction thereof, in the real estate records or other appropriate index, as a financing statement for any of the items specified above as part of the Property. Any reproduction of this Mortgage or of any other security agreement or financing statement shall be sufficient as a financing statement. During the continuance of an Event of Default, if the Mortgagee proceeds to dispose of any portion of the Property in accordance with the provisions of the UCC, ten (10) days’ notice by the Mortgagee to the Borrower shall be deemed to be reasonable notice under any provision of the UCC requiring such notice; provided, however, that the Mortgagee may, at its option, dispose of the Property in accordance with the Mortgagee’s rights and remedies in respect to the real estate pursuant to the provisions of this Mortgage in lieu of proceeding under the UCC. The Borrower will, from time to time and as often as requested by the Mortgagee, execute and deliver to the Mortgagee such financing statements, renewal affidavits, continuation statements, inventories or other similar documents as the Mortgagee may reasonably request to perfect the security interest created hereby, and Borrower authorizes Mortgagee to make such filings. No failure or omission of the Mortgagee to reque...
Security Agreement; Fixture Filing. As additional security for the Obligations, Trustor grants to Beneficiary a security interest in the Trust Property. This Hyatt Gaming Deed of Trust shall also, as to any part of the Trust Property that may or might now or hereafter be deemed to be personal property, fixtures or other property covered by Article 9 of the Colorado Uniform Commercial Code (the "Personal Property"), be deemed to constitute a security agreement, and Trustor, as debtor, hereby grants to Beneficiary, as secured party, a security interest therein pursuant to the Colorado Uniform Commercial Code. To the extent that any Personal Property has been or may be acquired with funds advanced under the Transaction Documents, this security interest granted hereunder is a purchase money security interest. Trustor agrees, upon request of Beneficiary, and at Trustor's expense, to execute any supplements to this Hyatt Gaming Deed of Trust, any separate security agreement and any financing statements and continuation statements in order to include specifically the Personal Property or otherwise to perfect the security interest granted hereby. Upon the occurrence and continuance of any Event of Default, Beneficiary shall have all of the rights and remedies therein provided or otherwise provided by law or by this Hyatt Gaming Deed of Trust, including but not limited to the right to require Trustor to assemble the Personal Property and make it available to Beneficiary at a place to be designated by Beneficiary which is reasonably convenient to both parties, the right to take possession of such Personal Property with or without demand and with or without process of law and the right to sell and dispose of such Personal Property and distribute the proceeds according to law. The parties hereto agree that any requirement of reasonable notice shall be met if Beneficiary sends such notice to Trustor at least ten (10) days prior to the date of sale, disposition or other event giving rise to the required notice, and that the proceeds of any disposition of any such Personal Property may be applied by Beneficiary first to the reasonable expenses in connection therewith, including reasonable attorneys' fees and legal expenses incurred, and then to payment of the other Obligations. The parties hereto further agree that any sale of the Personal Property held contemporaneously with any sale of the Land or other Trust Property and upon the same notice as required in the Colorado Uniform Commercial Code shall be d...
Security Agreement; Fixture Filing. Borrower, as debtor, grants to Agent on behalf of the Banks, as secured party, as further security for the Obligations, a security interest in all existing and future fixtures and all proceeds of the foregoing. This Mortgage shall be effective as a fixture filing and a financing statement for purposes of Article 9 of the Uniform Commercial Code as in effect in the State of Kansas.
Security Agreement; Fixture Filing. This Mortgage shall constitute a security agreement as defined in the Minnesota Uniform Commercial Code and all acts amendatory thereof and any similar or replacement statute hereafter enacted (the "Code"), and as to those items of Personal Property described in this Mortgage that are, or are to become fixtures related to the real estate mortgaged herein, it is intended as to those items that this Mortgage shall be effective as a financing statement filed as a fixture filing from the date of its filing in the real estate records of the County where the Mortgaged Property is situate. A photographic or other reproduction of this Mortgage may also be filed as a financing statement. The name of the record owner of said real estate is the Mortgagor as set forth in page one of this Mortgage. Information concerning the security interest created by this instrument may be obtained from Mortgagee, as secured party, at its address as set forth in page one of this Mortgage. The address of Mortgagor, as debtor, is as set forth in page one of this Mortgage. This document covers goods which are or are to become fixtures and other personal property.
Security Agreement; Fixture Filing. Grantor, as debtor, grants to Beneficiary, as secured party, as further security for the Secured Amount, a security interest in the Service Equipment, fixtures, Leases, Rents, Contracts and the Proceeds. This Deed of Trust shall constitute a “fixture filing” for purposes of Article 9 of the Code, and is to be filed in the applicable real property records. Grantor is the record owner of the Property. Grantor is a Delaware corporation. Grantor’s organizational identification number is 2278238. Xxxxxxx’s address is stated in the introductory paragraph of this Deed of Trust.
Security Agreement; Fixture Filing. (a) The parties hereto intend for this Indenture to create a Lien on the Mortgaged Property in favor of the Trustee. The parties hereto acknowledge that some of the Mortgaged Property may be determined under applicable law to be personal property or fixtures. To the extent that any Mortgaged Property may be or be determined to be personal property or fixtures, the Company, as debtor, hereby grants the Trustee, as secured party, a security interest in all such Mortgaged Property, to secure payment and performance of the Bonds. This Indenture constitutes a security agreement under the Uniform Commercial Code as in effect in each jurisdiction in which the Mortgaged Property is located, as amended or recodified from time to time, covering all such Mortgaged Property.
(b) This Indenture constitutes a financing statement filed as a fixture filing under Article 9 of the Uniform Commercial Code (as in effect in the relevant jurisdiction) consisting of “goods” (as defined in such Uniform Commercial Code) which now are or later may become fixtures relating to the real property described in Exhibit A of this Indenture. For this purpose, the respective addresses of the Company, as debtor, and the Trustee, as secured party, are as set forth in the preamble of this Indenture, the Company is the record owner of the real property (except as otherwise set forth on Exhibit A), and the Company’s organizational identification number is 1187274.
Security Agreement; Fixture Filing. This Mortgage, to the extent that it conveys or otherwise deals with personal property or with items of personal property which are or may become fixtures, shall also be construed as a security agreement under the Uniform Commercial Code as in effect in the state in which the Premises are located, and Borrower hereby grants a security interest in the Collateral to secure the Secured Obligations. This Mortgage shall also constitute a financing statement filed as a fixture filing in the Official Records of the County Recorder of the County in which the Premises are located with respect to any and all fixtures included within the term "Collateral" as used herein and with respect to any Goods or other personal property that may now be or hereafter become such fixtures. Borrower represents and warrants that its principal place of business and principal office is located at 77 West Wacker Drive, Suite 3900, Xxxxxxx, Xxxxxxxx 00000. Borrower agrees that it will give Lender prior written notice of any change in: (a) the location of its principal place of business or its chief executive office if it has more than one place of business; (b) the location of any Collateral;
