Common use of Security Agreement, Fixture Filing and Financing Statement Clause in Contracts

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 8 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Deed of Trust (KBS Real Estate Investment Trust III, Inc.)

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Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes Grantor’s irrevocable Mortgagor’x xxxxxxcable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 5 contracts

Samples: Mortgage, Assignment, Security Agreement (Grubb & Ellis Healthcare REIT, Inc.), Mortgage, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.), Mortgage, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

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

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, Beneficiary (as agent for the ratable benefit of Lenders, ) under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary (as agent for Lenders) 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: Deed of Trust, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.), Deed of Trust, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail; provided that in either case, such description is limited to assets used on or in connection with the Property.

Appears in 2 contracts

Samples: Deed of Trust, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.), Deed of Trust, Assignment Security Agreement and Fixture Filing (G REIT Liquidating Trust)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to BeneficiaryMortgagee, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within and upon the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: Deed of Trust (Manufactured Housing Properties Inc.), Deed of Trust (Manufactured Housing Properties Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Borrower to Beneficiary, for the ratable benefit of Lenders, Lender under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Lender 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Borrower and Beneficiary Lender are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Borrower hereby irrevocably authorizes Beneficiary Lender 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 Lender to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorBorrower’s irrevocable authorization for Beneficiary Lender at any time and from time to time to file any initial financing statements and amendments thereto and continuation statements that indicate the Personalty (a) as “all assetsassets of Borrower, wherever locatedof Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: Construction Leasehold Mortgage, Assignment, Security Agreement and Fixture Filing, Construction Leasehold Mortgage, Assignment, Security Agreement and Fixture Filing (Behringer Harvard Opportunity REIT II, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor the Company and the Issuer to Beneficiary, for the ratable benefit of Lenders, Collateral Agent under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary the Collateral Agent 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor the Company, the Issuer and Beneficiary the Collateral Agent are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor the Company and the Issuer hereby irrevocably authorizes Beneficiary authorize the Collateral Agent 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 the Collateral Agent to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detailMortgage.

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (Tempur Pedic International Inc)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as "all assets" of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Inland Diversified Real Estate Trust, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to BeneficiaryMortgagee, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates (a) Grantor hereby grants to Lender a security interest in and pledges and assigns to Lender, all of Grantor’s right, title and interest now owned or hereafter acquired in and to all of the Personalty, and, Secured Property which constitutes personal property to further secure payment of the extent Loan Indebtedness described herein and the Personalty is not real propertyObligations secured hereby. Accordingly, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Security Agreement under the Uniform Commercial Code of the State. In addition UCC with respect to and creates a Lien on and security interest in all of its other rights under this Deed of Trust Personal Property Collateral, and otherwise, Beneficiary Lender shall have all of the rights and remedies of a secured party under the Uniform Commercial Code UCC as well as all other rights and remedies available at law or in equity with respect to the Personal Property Collateral. Grantor hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints Lender the attorney-in-fact of Grantor, to execute, deliver and, if appropriate, to file with the appropriate filing officer or office such security agreements, financing statements, continuation statements or other instruments as Lender may request or require in order to impose, perfect or continue the perfection of the StateLien or security interest created hereby. Upon the occurrence of any Event of Default hereunder, Xxxxxx shall have the right to cause any of the Personal Property Collateral to be sold at any one or more public or private sales as permitted by applicable law, and Lender shall further have all other rights and remedies, whether at law, in equity, or by statute, as are available to secured creditors under applicable law. Any such disposition may be conducted by an employee or agent of Lender or Trustee. Any Person, including, without limitation, both Trustee and Lender, shall be eligible to purchase any part or all of such property at any such disposition. (b) Expenses of retaking, holding, preparing for sale, selling or the like shall be borne by Grantor and shall include Xxxxxx’s and Trustee’s actual documented attorneys’ fees and legal expenses (including, without limitation, in-house and outside counsel fees and costs but without duplication). Grantor, upon demand of Lender, shall assemble the Personal Property Collateral and make it available to Lender at such place as shall be required by Lender in effect from its sole discretion. Lender shall give Grantor at least ten (10) days’ prior written notice of the time to time, and place of any public sale or under other disposition of such personal property or of the Uniform Commercial Code in force from time to time in on or after which any private sale or any other state intended disposition is to be made, and such notice shall be sent to Grantor as provided for the mailing of notices herein. It is hereby deemed that such notice shall be and is reasonable notice to Grantor. (c) Portions of the Secured Property are goods which are or are to become fixtures relating to the extent the same is applicable Law. This Land and/or Improvements, and Grantor covenants and agrees that this Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the such Secured Property and is to be filed for record in that the real estate records filing of each county where any part of the Property (including such fixtures) is situated. This this Deed of Trust in the land records of the District of Columbia, where the Land is located, shall also be effective operate from the time of filing as a financing statement with respect to any other Property as to fixture filing. Grantor is the record owner of the Land upon which a security interest the foregoing fixtures are or may be perfected by located and is the filing “Debtor” for purposes of a financing statement and may be filed as such in any appropriate filing or recording officethis Section 1.11. Lender is the “Secured Party” for purposes of this Section 1.11. The respective names and mailing addresses of Grantor Debtor and Beneficiary Secured Party and the organizational identification number of Debtor are set forth in the opening introductory paragraph of this Deed of Trust. A carbonhereof and the cover page hereof, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detailrespectively.

Appears in 1 contract

Samples: Deed of Trust

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. Notwithstanding anything herein or in any other Loan Documents to the contrary, this Mortgage does not grant to Mortgagee a security interest in any Movable Personal Property. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate land evidence records of each county city or town where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorXxxxxxxxx’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, but excluding any Movable Personal Property, 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Open End Mortgage Deed (AstroNova, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust to Secure Debt creates a security interest in the PersonaltyPersonalty and Fixtures, and, to the extent the Personalty is or Fixtures are not real property, this Deed of Trust to Secure Debt constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Grantee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust to Secure Debt and otherwise, Beneficiary Grantee 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. To confirm that intent, and to further secure the Obligations, Grantor grants Grantee a security interest in the Personalty and Fixtures. This Deed of Trust to Secured Debt shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust to Secured Debt 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 Grantor and Beneficiary Grantee are set forth in the opening paragraph of this Deed of Trustto Secured Debt. A carbon, photographic or other reproduction of this Deed of Trust to Secured Debt or any other financing statement relating to this Deed of Trust to Secured Debt shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary Grantee 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 Grantee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detailSecure Debt.

Appears in 1 contract

Samples: Deed to Secure Debt, Assignment of Rents and Leases, Security Agreement (Dixie Group Inc)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

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

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the PersonaltyPersonalty and Property, and, to the extent the Personalty or any part of the Property is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to BeneficiaryMortgagee, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.. BK 23319 PG 951

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

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Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the PersonaltyPersonalty and Fixtures, and, to the extent the Personalty is or Fixtures are not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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. To confirm that intent, and to further secure the Obligations, Mortgagor grants Mortgagee a security interest in the Personalty and Fixtures. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detailMortgage.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Dixie Group Inc)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, Beneficiary (as agent for the ratable benefit of Lenders, ) under the Uniform Commercial Code of the State, and Grantor hereby grants to Beneficiary a security interest in all such Personalty. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary (as agent for Lenders) 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Term Loan Agreement (Acadia Realty Trust)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. Notwithstanding anything herein or in any other Loan Documents to the contrary, this Deed of Trust does not grant to Beneficiary a security interest in any Movable Personal Property. In addition to all of its other rights under this Deed of Trust 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’s '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 (a) as "all assets" of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the PersonaltyPersonalty and Property, and, to the extent the Personalty or any part of the Property is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to BeneficiaryMortgagee, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.. BK 23319 PG 1099

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for Beneficiary on behalf of the ratable benefit of Lenders, Secured Parties under the Uniform Commercial Code of the StateUCC. In addition to all of its other rights under this Deed of Trust 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 LawUCC. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Real Property and is to be filed for record in the real estate records of each county where any part of the Real Property (including such fixtures) is situated. This Deed of Trust shall be effective as a security instrument under the XXXX with respect to the Leases and the Rents. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 LawLegal Requirement, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Credit Agreement (Heckmann Corp)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor Grantor, as debtor, to Beneficiary, for the ratable benefit of Lenders, as secured party, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust 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. Trustor is the record owner of the Leasehold Estate. The types or items of collateral covered hereby includes goods that are or are to become fixtures with respect to the Leasehold Estate. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Grantor, Trustee and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail. Without limiting the generality of the foregoing, whether or not an Event of Default has occurred, such appointment of Beneficiary as Grantor’s attorney-in-fact to exercise shall include, without limitation, the power by Beneficiary to exercise any Lessee Bankruptcy Rights, including making the 365(h) Election to prepare and file any objection to any proposed sale of the Property by Ground Lessor pursuant to Section 363 of the Bankruptcy Code, to prepare and file any objection to any disclosure statement or plan, or similar document, filed in any Insolvency Proceeding, and to take any other action with respect to the Land or Ground Lease in any Insolvency Proceeding of Ground Lessor.

Appears in 1 contract

Samples: Fee and Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates (a) Grantor hereby grants to Lender a security interest in and pledges and assigns to Lender, all of Grantor’s right, title and interest now owned or hereafter acquired in and to all of the Personalty, and, Secured Property which constitutes personal property to further secure payment of the extent Loan Indebtedness described herein and the Personalty is not real propertyObligations secured hereby. Accordingly, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Security Agreement under the Uniform Commercial Code of the State. In addition UCC with respect to and creates a Lien on and security interest in all of its other rights under this Deed of Trust Personal Property Collateral, and otherwise, Beneficiary Lender shall have all of the rights and remedies of a secured party under the Uniform Commercial Code UCC as well as all other rights and remedies available at law or in equity with respect to the Personal Property Collateral. Grantor hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints Lender the attorney-in-fact of Grantor, to execute, deliver and, if appropriate, to file with the appropriate filing officer or office such security agreements, financing statements, continuation statements or other instruments as Lender may request or require in order to impose, perfect or continue the perfection of the StateLien or security interest created hereby. Upon the occurrence of any Event of Default hereunder, Xxxxxx shall have the right to cause any of the Personal Property Collateral to be sold at any one or more public or private sales as permitted by applicable law, and Lender shall further have all other rights and remedies, whether at law, in equity, or by statute, as are available to secured creditors under applicable law. Any such disposition may be conducted by an employee or agent of Lender or Trustee. Any Person, including, without limitation, both Trustee and Lender, shall be eligible to purchase any part or all of such property at any such disposition. (b) Expenses of retaking, holding, preparing for sale, selling or the like shall be borne by Grantor and shall include Xxxxxx’s and Trustee’s actual documented attorneys’ fees and legal expenses (including, without limitation, in-house and outside counsel fees and costs but without duplication). Grantor, upon demand of Lender, shall assemble the Personal Property Collateral and make it available to Lender at such place as shall be required by Lender in effect from its sole discretion. Lender shall give Grantor at least ten (10) days’ prior written notice of the time to time, and place of any public sale or under other disposition of such personal property or of the Uniform Commercial Code in force from time to time in on or after which any private sale or any other state intended disposition is to be made, and such notice shall be sent to Grantor as provided for the mailing of notices herein. It is hereby deemed that such notice shall be and is reasonable notice to Grantor. (c) Portions of the Secured Property are goods which are or are to become fixtures relating to the extent the same is applicable Law. This Land and/or Improvements, and Grantor covenants and agrees that this Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the such Secured Property and is to be filed for record that the filing of this Deed of Trust in the real estate land records of each county the District of Columbia, where any part the Land is located, shall also operate from the time of filing as a fixture filing. Grantor is the record owner of the Property Land upon which the foregoing fixtures are or may be located and is the “Debtor” for purposes of this Section 1.11. Lender is the “Secured Party” for purposes of this Section 1.11. The names and mailing addresses of Debtor and Secured Party and the organizational identification number of Debtor are set forth in the introductory paragraph hereof and the cover page hereof, respectively. (including such fixturesd) is situated. This Grantor also covenants and agrees that this Deed of Trust shall also be effective as a financing statement with respect to any other portion of the Secured Property as to which a security interest may be perfected by the filing of a financing statement in the land records of the District of Columbia and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’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 (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Deed of Trust, Financing Statement and Security Agreement (2420 Lakemont Avenue MM, LLC)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust 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 Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor 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 Deed of Trust. The foregoing authorization includes Grantor’s '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 (a) as "all assets" of Grantor 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 (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Sonomawest Holdings Inc)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, Mortgagee (as agent for the ratable benefit of Lenders, ) under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee (as agent for Lenders) 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 Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust 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 Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee 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 Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor 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 (b) as being of an equal or lesser scope or with greater detail; provided that in either case, such description is limited to assets used on or in connection with the Property.

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture Filing (Grubb & Ellis Healthcare REIT, Inc.)

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