Security for the Note. In consideration for the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by [PURCHASER 4], and the due payment of all principal and interest on this Note from time to time outstanding and on all other monies from time to time owing on the security hereof and to secure the due performance by [PURCHASER 4] of obligations herein contained, [PURCHASER 4] does hereby grant, assign, mortgage, pledge, charge, hypothecate and create a security interest in, to and in favor of the Holder in an undivided fifty percent (50%) interest in the Purchased Assets provided that the charge hereby created will in no way hinder or prevent [PURCHASER 4] at any time and from time to time (until an Event of Default occurs pursuant to Article 8 hereof and the Holder will have determined to enforce the same) from managing, developing, utilizing or dealing with all or any part of the subject matter of the said charge in the ordinary course of his business and for the purpose of carrying on or extending the same or from entering into the Management and Marketing Agreement; provided further that during any period in which there is any outstanding principal or any accrued and unpaid interest on this Note, [PURCHASER 4] will not, and [PURCHASER 4] hereby covenants that he will not, without the prior written consent of the Holder, sell or transfer all or any part of his undivided fifty percent (50%) interest in the Purchased Assets, or make, give, create, assume or allow to subsist any mortgage, pledge, hypothecation, lien, charge, encumbrance, assignment or other security, whether fixed or floating, upon the Purchased Assets or any part thereof. TO HAVE AND TO HOLD such assets and interests and all rights hereby conferred unto the Holder, its successors and assigns forever, but in trust nevertheless, for the uses and purposes and with the powers and authorities subject to the terms and conditions mentioned and set forth in this Note.
Security for the Note. 2.1. As security for the payment of the monies owing under this Note, Maker has delivered or has caused to be delivered to Agent the following (each a "Loan Document" and collectively with this Note, the Loan Agreement, and any other guaranty, document, certificate or instrument executed by Maker or any other obligated party in connection with the Loan, together with all amendments, modifications, renewals or extensions thereof, the "Loan Documents"): (a) a Mortgage, Assignment of Leases and Rents, and Security Agreement executed by Maker in favor of Payee, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the “Mortgage”), on certain real property and the improvements situated thereon in St. Lucie County, Florida, as more fully described in the Mortgage (the "Property"); (b) an Assignment of Leases and Rents executed by Maker in favor of Payee, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the "Assignment of Leases") assigning all of the assignor's rights as lessor under all leases affecting the Property; (c) a Limited Payment Guaranty, of even date herewith, executed by Inland Diversified Real Estate Trust, Inc., a real estate investment trust (“Guarantor”), in favor of Payee (the “Limited Payment Guaranty”), and (d) a Non-Recourse Exception Guaranty, of even date herewith, executed by Guarantor in favor of Payee (the “Non-Recourse Guaranty”; together with the Limited Payment Guaranty, the "Guaranties").
2.2. Maker hereby grants to Payee a continuing security interest in all property of Maker, now or hereafter in the possession of Payee, as security for the payment of this Note, which security interest shall be enforceable and subject to all the provisions of this Note, as if such property were specifically pledged hereunder.
Security for the Note. The Note shall be secured by the Security Documents and by such additional security as shall be agreed to by the Lender and the Borrower from time to time.
Security for the Note. This Note is executed and delivered in accordance with the transaction more specifically described in the Loan Agreement. As evidence of, and as security for, the payment of the monies owing under this Note, Bxxxxxxx has delivered or has caused to be delivered to Lender a mortgage instrument (the “Mortgage Instrument”) which is a [first priority lien]2 upon the property therein described.
Security for the Note. This Note is secured by the security interest as set forth in the Security Agreement. This Note is subject to all of the terms and conditions thereof including, but not limited to, the remedies specified therein.
Security for the Note. The Note and Owner's obligations hereunder and under the other Loan Documents shall be secured by (a) the Indenture, (b) the Master Lease Assignment and (c) certain other Loan Documents.
Security for the Note. Section 5.01 Pledge of Tax Increment Revenues as Security.
(a) In accordance with section 18-2147 of the Act, the Authority hereby adopts the Redevelopment Plan amendment of the Authority by approving the Project and by providing that any ad valorem tax on real property in the Development Project for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as provided in section 18-2147 of the Act. The effective date of this provision shall be January 1, 2013, as to the real estate described in Exhibit “C” to this resolution.
(b) In accordance with section 18-2150 of the Act, the Tax Increment Revenues are hereby pledged for payment of principal, premium, if any and interest on the Note. The Authority shall execute a notice providing for such pledge of taxes and shall file a copy of such notice with the Hall County Treasurer and Hall County Assessor.
Security for the Note. This Note is secured by the Collateral described in the Agreement and is subject to all of the terms and conditions thereof, including, but not limited to, the remedies specified therein.
Security for the Note. In order to secure the prompt repayment of principal and interest on the Note, the right of Lender to convert the Note into Common Stock, and the full performance of the Company under the Note and this Agreement, the Company shall grant Lender a security interest in all of its inventory, accounts receivable, Intellectual Property and any other of its significant assets, and agrees to execute a General Assignment and Security Agreement (the "Security Agreement") in favor of Lender in substantially the form attached hereto as Exhibit "
Security for the Note. The Note will be secured by a Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing Statement dated as of August 28, 2009 (the “Mortgage”) from the Company for the benefit of the Purchaser, creating a valid and perfected first mortgage lien on the Property, together with the buildings, structures and improvements now or hereafter located thereon, and assigning the Company’s right, title and interest in and to the Lease therein described. This Agreement, the Lease, the Mortgage, the Subordination, Non-Disturbance and Attornment Agreement referred to in Section 3.1, the Escrow and Servicing Agreement referred to in Section 3.1, the Indemnity and Guaranty Agreement referred to in Section 3.1, the Hazardous Material Indemnity Agreement referred to in Section 3.1 and the Note are herein collectively referred to as the “Operative Agreements.”
