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.
Appears in 3 contracts
Samples: Mortgage and Security Agreement (Griffin Land & Nurseries Inc), Mortgage and Security Agreement (Griffin Land & Nurseries Inc), Mortgage and Security Agreement (Griffin Land & Nurseries Inc)
Security Agreement; Fixture Filing. (a) 63.1 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 Mortgaged Property in the records normally pertaining to personal property, at Mortgagee’s option, option all of the PremisesProperty, for all purposes and in all proceedings, legal or equitable, shall be regarded (to the extent permitted by law) as part of the Land, whether or not any such item is physically attached to the Land or Improvements. The mention in any such financing statement of any of the Premises Property 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 DocumentsCredit Agreement, 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) 63.2 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, . Mortgagor represents and Mortgagor shall pay all reasonable costs and expenses incurred by warrants to Mortgagee in connection therewith, including, without limitation, reasonable attorneys’ fees and costs that its jurisdiction of filing or recordationorganization is the Commonwealth of Pennsylvania.
(c) 63.3 This Mortgage shall also constitute a “fixture filing” for the purposes of the UCC against all of the Premises Mortgaged Property which is or is to become fixtures related to the PremisesProperty. The information in this section is provided so that this Mortgage shall comply with the requirements of the UCC for a mortgage instrument to be filed as a financing statement. 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. A statement describing the portion of the Property comprising the fixtures hereby secured is set forth in the definition of the Secured Obligations. Mortgagor represents and warrants to Mortgagee that Mortgagor is the record owner of the applicable fee title or owner of the leasehold interest in the Mortgaged Property. The employer identification number of Mortgagor, and its organizational identification number, are set forth on the cover sheet to this Mortgage.
Appears in 1 contract
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)
Security Agreement; Fixture Filing. (a) This Mortgage is Mortgagor hereby grants a Security Agreement as defined security interest to Mortgagee in the Pennsylvania Uniform Commercial Code (“UCC”). Notwithstanding the filing all assets of any financing statement covering any of the Premises in the records normally pertaining to personal propertyMortgagor, at Mortgagee’s optionincluding, without limitation, all of the PremisesCollateral, for all purposes and in all proceedings, legal now owned by Mortgagor 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 acquired 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 arising at any time hold hereafter, wherever located or situated, and all products and proceeds of the foregoing, all accessions and additions thereto and all substitutions and replacements therefor for the purpose of securing all obligations of Mortgagor under the Note, this Mortgage and the other Loan Documents. This Mortgage is intended to be a security agreement pursuant to the UCC for all of the assets of Mortgagor which, under applicable law may be subject to a security interest pursuant to the UCC, and Xxxxxxxxx hereby agrees that notice Mortgagee is authorized, without the need of Mortgagee’s priority of interestsignature by Xxxxxxxxx, to be effective against any third party, must be filed in the UCC records.
(b) file financing statements naming 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, debtor from time to time, reasonably consider necessary time and in such form as Mortgagee may require to create, perfect and preserve Mortgagee’s maintain a security interest hereunderand lien with respect to said assets of Mortgagor. THIS MORTGAGE 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. Mortgagor hereby irrevocably authorizes Mortgagee to cause financing statements (and amendments thereto and continuations thereof) and any shall pay all costs of filing such documentsstatements, 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 interestcontinuations, and Mortgagor renewals and releases thereof and shall pay all reasonable costs and expenses incurred by of any record searches for financing statements that Mortgagee in connection therewithmay reasonable require. To the extent permitted by, and subject to, applicable law, the lien of this Mortgage will automatically attach, without further act, to all after-acquired or arising assets of Mortgagor, including, without limitation, reasonable attorneys’ fees all Appurtenances and costs Collateral located in or on, or attached to, or used or intended to be used in connection with, or with the operation of, the Mortgaged Property or any part thereof; provided, however, that upon request of filing Mortgagee, Mortgagor shall execute and deliver such instrument or recordation.instruments as shall reasonably be requested by Mortgagee to confirm such lien. For purposes of this financing statement:
(ca) 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 “Debtordebtor” and its name and mailing with an address are at the location set forth in the preamble of this Mortgage. opening paragraph above; (b) Mortgagee is the “Secured Partysecured party” and its name and mailing with an address from which information concerning at the security interest granted herein may be obtained are also location set forth in the preamble opening paragraph hereof; and (c) the description of the “collateral” shall be all assets and other items of personal property included in the definition of Collateral herein. Mortgagor shall give Mortgagee thirty (30) days’ notice prior to changing its name or identity, provided, that this Mortgageprovision shall not be deemed to be Mortgagee’s consent thereto. Upon and during the continuance of an Event of Default: (a) Mortgagee may take possession of the Collateral or any part thereof and take such other measures as Mortgagee deems desirable for the care, protection and preservation of the Collateral; (b) Mortgagee may direct any party liable for payment with respect to the Collateral to make such payment directly to Mortgagee, and may demand, collect and receive any such payments; and (c) Mortgagor shall, at its expense, assemble the Collateral and make the Collateral available to Mortgagee at the Premises or any other place designated by Mortgagee. Any notice of sale, disposition or other intended action by Mortgagee with respect to the Collateral sent at least ten (10) days prior to such sale, disposition or other action shall, except as otherwise provided by the UCC, constitute reasonable notice to Mortgagor.
Appears in 1 contract
Samples: Restrictive Covenants Agreement
Security Agreement; Fixture Filing. (a) This Mortgage Security Instrument shall also be considered a security agreement under the Uniform Commercial Code. This Security Instrument is both a Security Agreement as defined security deed and a “security agreement” within the meaning of the Uniform Commercial Code. The Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Grantor in the Pennsylvania Property. By executing and delivering this Security Instrument, Grantor hereby grants to Lender, as security for the Obligations (hereinafter defined), a security interest in the Fixtures, the Equipment, the Personal Property and other property constituting the Property to the full extent that the Fixtures, the Equipment, the Personal Property and such other property may be subject to the Uniform Commercial Code (said portion of the Property so subject to the Uniform Commercial Code being called the “UCCCollateral”). Notwithstanding Grantor 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 filing perfection of this security interest without the authorization or signature of Grantor. If an Event of Default shall occur and be continuing, Lender, in addition to any other rights and remedies which it may have, shall have and may exercise immediately and without demand, any and all rights and remedies granted to a secured party upon default under the Uniform Commercial Code, including, without limiting the generality of the foregoing, the right to take possession of the Collateral or any part thereof, and to take such other measures as Lender may deem necessary for the care, protection and preservation of the Collateral. Upon request or demand of Lender after the occurrence and during the continuance of an Event of Default, Grantor shall, at its expense, assemble the Collateral and make it available to Lender at a convenient place (at the Land if tangible property) reasonably acceptable to Lender. Grantor shall pay to Lender on demand any and all expenses, including reasonable legal expenses and attorneys’ fees, incurred or paid by Lender in protecting its interest in the Collateral and in enforcing its rights hereunder with respect to the Collateral after the occurrence and during the continuance of an Event of Default. Any notice of sale, disposition or other intended action by Lender with respect to the Collateral sent to Grantor in accordance with the provisions hereof at least ten (10) Business Days prior to such action, shall, except as otherwise provided by Applicable Law, constitute reasonable notice to Grantor. The proceeds of any financing statement covering any disposition of the Premises in Collateral, or any part thereof, may, except as otherwise required by Applicable Law, be applied by Lender to the records normally pertaining to personal property, at Mortgagee’s option, all payment of the Premises, for all purposes Debt and other Obligations in all proceedings, legal or equitable, such priority and proportions as Lender in its discretion 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 recordsdeem proper.
(b) Mortgagor From the date of its recording in the real estate records of the county in which the real property is situated, this Security Instrument shall execute and deliver to Mortgagee such documents, instruments and further assurances, in each case in form and substance satisfactory to Mortgagee, be effective 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 with respect to all of the Premises Property which is or is to become fixtures related to (within the Premisesmeaning of the Uniform Commercial Code). Mortgagor is the “The addresses of Grantor (Debtor” ) and its name and mailing address Lender (Secured Party) are set forth below. For this purpose, the following information is set forth: Name and Address of Debtor: __________________________ __________________________ __________________________ __________________________ Name and Address of Secured Party: Truist Bank _________________________ ________________________ With a copy to: Truist Bank Attention: ______________, Commercial Real Estate ___________________________ ___________________________ ___________________, North Carolina _________ This document covers any portion of the Property that now is or later may become a fixture attached to the Land. This financing statement shall remain in the preamble effect as a fixture filing until this Security Instrument is released or satisfied of this Mortgagerecord. Mortgagee Debtor is the “Secured Party” and its name and mailing address from which information concerning record owner of the security interest granted herein may be obtained are also set forth in the preamble of this Mortgage.Property.1
Appears in 1 contract
Samples: Deed of Trust, Security Agreement
Security Agreement; Fixture Filing. (a) This Mortgage Security Instrument shall also be considered a security agreement under the Uniform Commercial Code. This Security Instrument is both a Security Agreement as defined security deed and a “security agreement” within the meaning of the Uniform Commercial Code. The Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Grantor in the Pennsylvania Property. By executing and delivering this Security Instrument, Grantor hereby grants to Administrative Agent, for the benefit of itself and the Secured Parties, as security for the Obligations (hereinafter defined), a security interest in the Fixtures, the Equipment, the Personal Property and other property constituting the Property to the full extent that the Fixtures, the Equipment, the Personal Property and such other property may be subject to the Uniform Commercial Code (said portion of the Property so subject to the Uniform Commercial Code being called the “UCCCollateral”). Notwithstanding Grantor hereby authorizes Administrative Agent to file financing statements, continuation statements and financing statement amendments in such form as Administrative Agent may require to perfect or continue the filing perfection of this security interest without the authorization or signature of Grantor. If an Event of Default shall occur and be continuing, Administrative Agent, in addition to any other rights and remedies which it may have, shall have and may exercise immediately and without demand, any and all rights and remedies granted to a secured party upon default under the Uniform Commercial Code, including, without limiting the generality of the foregoing, the right to take possession of the Collateral or any part thereof, and to take such other measures as Administrative Agent may deem necessary for the care, protection and preservation of the Collateral. Upon request or demand of Administrative Agent after the occurrence and during the continuance of an Event of Default, Grantor shall, at its expense, assemble the Collateral and make it available to Administrative Agent at a location (at the Land if tangible property) reasonably acceptable to Administrative Agent. Grantor shall pay to Administrative Agent on demand any and all expenses, including reasonable legal expenses and attorneys’ fees, incurred or paid by Administrative Agent in protecting its interest in the Collateral and in enforcing its rights hereunder with respect to the Collateral after the occurrence and during the continuance of an Event of Default. Any notice of sale, disposition or other intended action by Administrative Agent with respect to the Collateral sent to Grantor in accordance with the provisions hereof at least ten (10) Business Days prior to such action, shall, except as otherwise provided by Applicable Law, constitute reasonable notice to Grantor. The proceeds of any financing statement covering any disposition of the Premises in Collateral, or any part thereof, may, except as otherwise required by Applicable Law, be applied by Administrative Agent to the records normally pertaining to personal property, at Mortgagee’s option, all payment of the Premises, for all purposes Debt and other Obligations in all proceedings, legal or equitable, such priority and proportions as Administrative Agent in its discretion 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 recordsdeem proper.
(b) Mortgagor From the date of its recording, this Security Instrument shall execute and deliver to Mortgagee such documents, instruments and further assurances, in each case in form and substance satisfactory to Mortgagee, be effective 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 O.C.G.A. § 11-9-502 with respect to all of the Premises Property which is or is to become fixtures related to (within the Premisesmeaning of the Uniform Commercial Code). Mortgagor is the “The addresses of Grantor (Debtor” ) and its name and mailing address Administrative Agent (Secured Party) are set forth in below. This Security Instrument is to be filed for recording with the preamble Clerk of Superior Court of any county or counties where the Land (including such fixtures) is located. For this Mortgagepurpose, the following information is set forth: Name and Address of Debtor: __________________________ __________________________ __________________________ __________________________ Name and Address of Secured Party: Truist Bank 000 Xxxxxxxxx Xxxxxx XX Atlanta, Georgia 30308 This document covers any portion of the Property that now is or later may become a fixture attached to the Land. Mortgagee Debtor is the “Secured Party” and its name and mailing address from which information concerning record owner of the security interest granted herein may be obtained are also set forth in the preamble of this Mortgage.Property.1
Appears in 1 contract
Samples: Deed to Secure Debt, Assignment, Security Agreement and Fixture Filing