Common use of Security Agreement; Fixture Filing Clause in Contracts

Security Agreement; Fixture Filing. As additional security for the Obligations, Trustor grants to Beneficiary a security interest in the Trust Property. This Hyatt Gaming Deed of Trust shall also, as to any part of the Trust Property that may or might now or hereafter be deemed to be personal property, fixtures or other property covered by Article 9 of the Colorado Uniform Commercial Code (the "Personal Property"), be deemed to constitute a security agreement, and Trustor, as debtor, hereby grants to Beneficiary, as secured party, a security interest therein pursuant to the Colorado Uniform Commercial Code. To the extent that any Personal Property has been or may be acquired with funds advanced under the Transaction Documents, this security interest granted hereunder is a purchase money security interest. Trustor agrees, upon request of Beneficiary, and at Trustor's expense, to execute any supplements to this Hyatt Gaming Deed of Trust, any separate security agreement and any financing statements and continuation statements in order to include specifically the Personal Property or otherwise to perfect the security interest granted hereby. Upon the occurrence and continuance of any Event of Default, Beneficiary shall have all of the rights and remedies therein provided or otherwise provided by law or by this Hyatt Gaming Deed of Trust, including but not limited to the right to require Trustor to assemble the Personal Property and make it available to Beneficiary at a place to be designated by Beneficiary which is reasonably convenient to both parties, the right to take possession of such Personal Property with or without demand and with or without process of law and the right to sell and dispose of such Personal Property and distribute the proceeds according to law. The parties hereto agree that any requirement of reasonable notice shall be met if Beneficiary sends such notice to Trustor at least ten (10) days prior to the date of sale, disposition or other event giving rise to the required notice, and that the proceeds of any disposition of any such Personal Property may be applied by Beneficiary first to the reasonable expenses in connection therewith, including reasonable attorneys' fees and legal expenses incurred, and then to payment of the other Obligations. The parties hereto further agree that any sale of the Personal Property held contemporaneously with any sale of the Land or other Trust Property and upon the same notice as required in the Colorado Uniform Commercial Code shall be deemed to be a public sale conducted in a commercially reasonable manner. With respect to any Personal Property that has become so attached to the real property covered hereby that an interest therein arises under the real property law of the State of Colorado, this Hyatt Gaming

Security Agreement; Fixture Filing. As additional security for the ---------------------------------- Obligations, each Trustor grants to Beneficiary a security interest in the Trust Property. This Hyatt Gaming Deed of Trust shall also, as to any part of the Trust Property that may or might now or hereafter be deemed to be personal property, fixtures or other property covered by Article 9 of the Colorado Uniform Commercial Code (the "Personal Property"), be deemed to constitute a security agreement, and each Trustor, as debtor, hereby grants to Beneficiary, as secured party, a security interest therein pursuant to the Colorado Uniform Commercial Code. To the extent that any Personal Property has been or may be acquired with funds advanced under the Transaction Documents, this security interest granted hereunder is a purchase money security interest. Each Trustor agrees, upon request of Beneficiary, and at such Trustor's expense, to execute any supplements to this Hyatt Gaming Deed of Trust, any separate security agreement and any financing statements and continuation statements in order to include specifically the said Personal Property or otherwise to perfect the security interest granted hereby. Upon the occurrence and continuance of any Event of Default, Beneficiary shall have all of the rights and remedies therein provided or otherwise provided by law or by this Hyatt Gaming Deed of Trust, including including, but not limited to the right to require Trustor Trustors, or either of them, to assemble the Personal Property and make it available to the Beneficiary at a place to be designated by Beneficiary which is reasonably convenient to both parties, the right to take possession of such Personal Property with or without demand and with or without process of law and the right to sell and dispose of such Personal Property the same and distribute the proceeds according to law. The parties hereto agree that any requirement of reasonable notice shall be met if Beneficiary sends such notice to Trustor Trustors at least ten (10) days prior to the date of sale, disposition or other event giving rise to the required notice, and that the proceeds of any disposition of any such Personal Property may be applied by Beneficiary first to the reasonable expenses in connection therewith, including reasonable attorneys' fees and legal expenses incurred, and then to payment of the other Obligations. The parties hereto further agree that any sale of the Personal Property held contemporaneously with any sale of the Land or other Trust Property and upon the same notice as required in the Colorado Uniform Commercial Code shall be deemed to be a public sale conducted in a commercially reasonable manner. With respect to any Personal Property that has become so attached to the real property covered hereby that an interest therein arises under the real property law of the State of Colorado, this Hyatt GamingDeed of Trust shall also constitute a financing statement and a fixture filing under Sections 4-9-313 and 4-9-402(6) of the Colorado Uniform Commercial Code.

Security Agreement; Fixture Filing. As additional security for the Obligations, Trustor grants to Beneficiary a security interest in the Trust Property. This Hyatt Gaming Deed of Trust shall also, as to any part of the Trust Property that may or might now or hereafter be deemed to be personal property, fixtures or other property covered by Article 9 of the Colorado Uniform Commercial Code (the "Personal Property"), be deemed to constitute a security agreement, and Trustor, as debtor, hereby grants to Beneficiary, as secured party, a security interest therein pursuant to the Colorado Uniform Commercial Code. To the extent that any Personal Property has been or may be acquired with funds advanced under the Transaction Documents, this security interest granted hereunder is a purchase money security interest. Trustor agrees, upon request of BeneficiaryXxxxxxxxxxx, and at Trustor's expense, to execute any supplements to this Hyatt Gaming Deed of Trust, any separate security agreement and any financing statements and continuation statements in order to include specifically the Personal Property or otherwise to perfect the security interest granted hereby. Upon the occurrence and continuance of any Event of Default, Beneficiary shall have all of the rights and remedies therein provided or otherwise provided by law or by this Hyatt Gaming Deed of Trust, including but not limited to the right to require Trustor to assemble the Personal Property and make it available to Beneficiary at a place to be designated by Beneficiary which is reasonably convenient to both parties, the right to take possession of such Personal Property with or without demand and with or without process of law and the right to sell and dispose of such Personal Property and distribute the proceeds according to law. The parties hereto agree that any requirement of reasonable notice shall be met if Beneficiary sends such notice to Trustor at least ten (10) days prior to the date of sale, disposition or other event giving rise to the required notice, and that the proceeds of any disposition of any such Personal Property may be applied by Beneficiary first to the reasonable expenses in connection therewith, including reasonable attorneys' fees and legal expenses incurred, and then to payment of the other Obligations. The parties hereto further agree that any sale of the Personal Property held contemporaneously with any sale of the Land or other Trust Property and upon the same notice as required in the Colorado Uniform Commercial Code shall be deemed to be a public sale conducted in a commercially reasonable manner. With respect to any Personal Property that has become so attached to the real property covered hereby that an interest therein arises under the real property law of the State of Colorado, this Hyatt GamingDeed of Trust shall also constitute a financing statement and a fixture filing under Sections 4-9-102(40) and 4-9-502(c) of the Colorado Uniform Commercial Code.

Security Agreement; Fixture Filing. As additional security for the Obligations, Trustor grants to Beneficiary a security interest in the Trust Property. This Hyatt Gaming Deed of Trust shall also, as to any part of the Trust Property that may or might now or hereafter be deemed to be personal property, fixtures or other property covered by Article 9 of the Colorado Uniform Commercial Code (the "Personal Property"), be deemed to constitute a security agreement, and Trustor, as debtor, hereby grants to Beneficiary, as secured party, a security interest therein pursuant to the Colorado Uniform Commercial Code. To the extent that any Personal Property has been or may be acquired with funds advanced under the Transaction Documents, this security interest granted hereunder is a purchase money security interest. Trustor agrees, upon request of Beneficiary, and at Trustor's expense, to execute any supplements to this Hyatt Gaming supplemxxxx xx xxxs Deed of Trust, any separate security agreement and any financing statements and continuation statements in order to include specifically the Personal Property or otherwise to perfect the security interest granted hereby. Upon the occurrence and continuance of any Event of Default, Beneficiary shall have all of the rights and remedies therein provided or otherwise provided by law or by this Hyatt Gaming Deed of Trust, including but not limited to the right to require Trustor to assemble the Personal Property and make it available to Beneficiary at a place to be designated by Beneficiary which is reasonably convenient to both parties, the right to take possession of such Personal Property with or without demand and with or without process of law and the right to sell and dispose of such Personal Property and distribute the proceeds according to law. The parties hereto agree that any requirement of reasonable notice shall be met if Beneficiary sends such notice to Trustor at least ten (10) days prior to the date of sale, disposition or other event giving rise to the required notice, and that the proceeds of any disposition of any such Personal Property may be applied by Beneficiary first to the reasonable expenses in connection therewith, including reasonable attorneys' fees and legal expenses incurred, and then to payment of the other Obligations. The parties hereto further agree that any sale of the Personal Property held contemporaneously with any sale of the Land or other Trust Property and upon the same notice as required in the Colorado Uniform Commercial Code shall be deemed to be a public sale conducted in a commercially reasonable manner. With respect to any Personal Property that has become so attached to the real property covered hereby that an interest therein arises under the real property law of the State of Colorado, this Hyatt GamingDeed of Trust shall also constitute a financing statement and a fixture filing under Sections 4-9-102(40) and 4-9-502(c) of the Colorado Uniform Commercial Code.

Security Agreement; Fixture Filing. As additional security for the Obligations, Trustor grants to Beneficiary a security interest in the Trust Property. This Hyatt Gaming Deed of Trust shall also, as to any part of the Trust Property that may or might now or hereafter be deemed to be personal property, fixtures or other property covered by Article 9 of the Colorado Uniform Commercial Code (the "Personal Property"), be deemed to constitute a security agreement, and Trustor, as debtor, hereby grants to Beneficiary, as secured party, a security interest therein pursuant to the Colorado Uniform Commercial Code. To the extent that any Personal Property has been or may be acquired with funds advanced under the Transaction Documents, this security interest granted hereunder is a purchase money security interest. Trustor agrees, upon request of Beneficiary, and at Trustor's expense, to execute any supplements to this Hyatt Gaming Deed of Trust, any separate security agreement and any financing statements and continuation statements in order to include specifically the Personal Property or otherwise to perfect the security interest granted hereby. Upon the occurrence and continuance of any Event of Default, Beneficiary shall have all of the rights and remedies therein provided or otherwise provided by law or by this Hyatt Gaming Deed of Trust, including but not limited to the right to require Trustor to assemble the Personal Property and make it available to Beneficiary at a place to be -------------------------------------------------------------------------------- designated by Beneficiary which is reasonably convenient to both parties, the right to take possession of such Personal Property with or without demand and with or without process of law and the right to sell and dispose of such Personal Property and distribute the proceeds according to law. The parties hereto agree that any requirement of reasonable notice shall be met if Beneficiary sends such notice to Trustor at least ten (10) days prior to the date of sale, disposition or other event giving rise to the required notice, and that the proceeds of any disposition of any such Personal Property may be applied by Beneficiary first to the reasonable expenses in connection therewith, including reasonable attorneys' fees and legal expenses incurred, and then to payment of the other Obligations. The parties hereto further agree that any sale of the Personal Property held contemporaneously with any sale of the Land or other Trust Property and upon the same notice as required in the Colorado Uniform Commercial Code shall be deemed to be a public sale conducted in a commercially reasonable manner. With respect to any Personal Property that has become so attached to the real property covered hereby that an interest therein arises under the real property law of the State of Colorado, this Hyatt GamingDeed of Trust shall also constitute a financing statement and a fixture filing under Sections 4-9-313 and 4-9-402(6) of the Colorado Uniform Commercial Code.