Common use of Security Interest to Beneficiary Clause in Contracts

Security Interest to Beneficiary. As additional security for the Secured Obligations, Trustor hereby grants to Beneficiary a security interest in the Property, Chattels and Intangible Personality. To the extent any of the Property, Chattels or Intangible Personality may be or have been acquired with funds advanced by Beneficiary under the Loan Documents, this security interest is a purchase money security interest. This Deed of Trust constitutes a security agreement under the Uniform Commercial Code of the state in which the Property is located (the “Code”) with respect to any part of the Property, Chattels and Intangible Personality that may or might now or hereafter be or be deemed to be personal property, fixtures or property other than real estate (all collectively hereinafter called “Collateral”); all of the terms, provisions, conditions and agreements contained in this Deed of Trust pertain and apply to the Collateral as fully and to the same extent as to any other property comprising the Property, and the following provisions of this Section shall not limit the generality or applicability of any other provisions of this Deed of Trust but shall be in addition thereto: (a) The Collateral shall be used by Trustor solely for business purposes, and all Collateral (other than the Intangible Personality) shall be installed upon the real estate comprising part of the Property for Trustor’s own use or as the equipment and furnishings furnished by Trustor, as landlord, to tenants of the Property; (b) The Collateral (other than the Intangible Personally) shall be kept at the real estate comprising a part of the Property, and shall not be removed therefrom without the consent of Beneficiary (being the Secured Party as that term is used in the Code); and the Collateral (other than the Intangible Personality) may be affixed to such real estate but shall not be affixed to any other real estate; (c) No financing statement covering any of the Collateral or any proceeds thereof is on file in any public office; and Trustor will, at its cost and expense, upon demand, furnish to Beneficiary such further information and will execute and deliver to Beneficiary such financing statements and other documents in form satisfactory to Beneficiary and will do all such acts and things as Beneficiary may at any time or from time to time reasonably request or as may be necessary or appropriate to establish and maintain a perfected first-priority security interest in the Collateral as security for the Secured Obligations, subject to no adverse liens or encumbrances; and Trustor will pay the cost of filing the same or filing or recording such financing statements or other documents and this instrument in all public offices wherever filing or recording is deemed by Beneficiary to be necessary or desirable: (d) The terms and provisions contained in this Section and in Section 7.6 of this Deed of Trust shall, unless the context otherwise requires, have the meanings and be construed as provided in the Code; and (e) This Deed of Trust constitutes a financing statement under the Code with respect to the Collateral. As such, this Deed of Trust covers all items of the Collateral that are or are to become fixtures. The filing of this Deed of Trust in the real estate records of the county where the Property is located shall constitute a fixture filing in accordance with the Code. Information concerning the security interests created hereby may be obtained at the addresses set forth in Article 1 of this Deed of Trust. Trustor is the “Debtor” and Beneficiary is the “Secured Party” (as those terms are defined and used in the Code) insofar as this Deed of Trust constitutes a financing statement.

Security Interest to Beneficiary. As additional security for the Secured Obligations, Trustor hereby grants to Beneficiary a security interest in the Property, Chattels and Intangible PersonalityPersonalty. To the extent any of the Property, Chattels or Intangible Personality Personalty may be or have been acquired with funds advanced by Beneficiary under the Loan Documents, this security interest is a purchase money security interest. This Deed of Trust constitutes a security agreement under the Uniform Commercial Code of the state in which the Property is located (the “Code”) with respect to any part of the Property, Chattels and Intangible Personality Personalty that may or might now or hereafter be or be deemed to be personal property, fixtures or property other than real estate (all collectively hereinafter called “Collateral”); all of the terms, provisions, conditions and agreements contained in this Deed of Trust pertain and apply to the Collateral as fully and to the same extent as to any other property comprising the Property, and the following provisions of this Section shall not limit the generality or applicability of any other provisions of this Deed of Trust but shall be in addition thereto: (a) The Collateral shall be used by Trustor solely for business purposes, and all Collateral (other than the Intangible PersonalityPersonalty) shall be installed upon the real estate comprising part of the Property for Trustor’s own use or as the equipment and furnishings furnished by Trustor, as landlord, to tenants of the Property; (b) The Collateral (other than the Intangible PersonallyPersonalty) shall be kept at the real estate comprising a part of the Property, and shall not be removed therefrom without the consent of Beneficiary (being the Secured Party as that term is used in the Code); and the Collateral (other than the Intangible PersonalityPersonalty) may be affixed to such real estate but shall not be affixed to any other real estate; (c) No financing statement covering any of the Collateral or any proceeds thereof is on file in any public officeoffice (except for financing statements that will be terminated concurrently with the recording of this Deed of Trust); and Trustor will, at its cost and expense, upon demand, furnish to Beneficiary such further information and will execute and deliver to Beneficiary such financing statements and other documents in form satisfactory to Beneficiary and will do all such acts and things as Beneficiary may at any time or from time to time reasonably request or as may be necessary or appropriate to establish and maintain a perfected first-priority security interest in the Collateral as security for the Secured Obligations, subject to no adverse liens or encumbrances; and Trustor will pay the cost of filing the same or filing or recording such financing statements or other documents and this instrument in all public offices wherever filing or recording is deemed by Beneficiary to be necessary or desirable:; (d) The terms and provisions contained in this Section and in Section 7.6 of this Deed of Trust shall, unless the context otherwise requires, have the meanings and be construed as provided in the Code; and (e) This Deed of Trust constitutes a financing statement under the Code with respect to the Collateral. As such, this Deed of Trust covers all items of the Collateral that are or are to become fixtures. The filing of this Deed of Trust in the real estate records of the county where the Property is located shall constitute a fixture filing in accordance with the Code. Information concerning the security interests created hereby may be obtained at the addresses set forth in Article 1 of this Deed of Trust. Trustor is the “Debtor” and Beneficiary is the “Secured Party” (as those terms are defined and used in the Code) insofar as this Deed of Trust constitutes a financing statement.

Security Interest to Beneficiary. As additional security for the Secured Obligations, Trustor Grantor hereby grants to Beneficiary a security interest in the Property, Chattels and Intangible PersonalityPersonalty. To the extent any of the Property, Chattels or Intangible Personality Personalty may be or have been acquired with funds advanced by Beneficiary under the Loan Documents, this security interest is a purchase money security interest. This Deed of Trust Security Instrument constitutes a security agreement under the Uniform Commercial Code of the state in which the Property is located State (the “Code”) with respect to any part of the Property, Chattels and Intangible Personality Personalty that may or might now or hereafter be or be deemed to be personal property, fixtures or property other than real estate (all collectively hereinafter called “Collateral”); all of the terms, provisions, conditions and agreements contained in this Deed of Trust Security Instrument pertain and apply to the Collateral as fully and to the same extent as to any other property comprising the Property, and the following provisions of this Section shall not limit the generality or applicability of any other provisions of this Deed of Trust Security Instrument but shall be in addition thereto: (a) The Collateral shall be used by Trustor Grantor solely for business purposes, and all Collateral (other than the Intangible PersonalityPersonalty) shall be installed upon the real estate comprising part of the Property for TrustorGrantor’s own use or as the equipment and furnishings furnished by TrustorGrantor, as landlord, to tenants of the Property; (b) The Subject to Section 5.7 below, the Collateral (other than the Intangible PersonallyPersonalty) shall be kept at the real estate comprising a part of the Property, and shall not be removed therefrom without the consent of Beneficiary (being the Secured Party as that term is used in the Code); and the Collateral (other than the Intangible PersonalityPersonalty) may be affixed to such real estate but shall not be affixed to any other real estate; (c) No financing statement covering any of the Collateral or any proceeds thereof is on file in any public office; and Trustor Grantor will, at its cost and expense, upon demand, furnish to Beneficiary such further information and will execute and deliver to Beneficiary such financing statements and other documents in form satisfactory to Beneficiary and will do all such acts and things as Beneficiary may at any time or from time to time reasonably request or as may be necessary or appropriate to establish and maintain a perfected first-priority security interest in the Collateral as security for the Secured Obligations, subject to no adverse liens or encumbrances; and Trustor Beneficiary is hereby authorized to execute and/or to file any such financing statements or other documents; and Grantor will pay the cost of filing the same or filing or recording such financing statements or other documents and this instrument in all public offices wherever filing or recording is deemed by Beneficiary to be necessary or desirable:; (d) The terms and provisions contained in this Section and in Section 7.6 of this Deed of Trust Security Instrument shall, unless the context otherwise requires, have the meanings and be construed as provided in the Code; and (e) This Deed of Trust Security Instrument constitutes a financing statement under the Code with respect to the Collateral. As such, this Deed of Trust Security Instrument covers all items of the Collateral that are or are to become fixtures. The filing of this Deed of Trust Security Instrument in the real estate records of the county where the Property is located shall constitute a fixture filing in accordance with the Code. Information concerning the security interests created hereby may be obtained at the addresses set forth in Article 1 of this Deed of TrustSecurity Instrument. Trustor Grantor is the “Debtor” and Beneficiary is the “Secured Party” (as those terms are defined and used in the Code) insofar as this Deed of Trust Security Instrument constitutes a financing statement. (f) Notwithstanding anything to the contrary contained in this Security Instrument: (i) This Security Instrument, and all conveyances, assignments and grants of security interests hereunder are subject and subordinate to the conveyances, assignments and grants of security interests made in the First Security Instrument; (ii) Beneficiary agrees that this Security Instrument shall constitute a Permitted Exception under the First Security Instrument, and shall not trigger any violation of the due on encumbrance provisions of the First Security Instrument; (iii) In the event that Grantor complies with any representation, warranty, agreement, undertaking, covenant or indemnity under the First Security Instrument, Grantor shall be deemed to have complied with the corresponding or duplicative representation, warranty, agreement, undertaking, covenant or indemnity; and (iv) In the event that Beneficiary gives any approval, consent or waiver with respect to any provision or matter set forth in or contemplated by the First Security Instrument, Beneficiary shall be deemed to have given such approval, consent or waiver with respect to any corresponding or duplicative provision or matter set forth in or contemplated by this Security Instrument.

Security Interest to Beneficiary. As additional security for the Secured Obligations, Trustor hereby grants to Beneficiary a security interest in the PropertyTangible Personalty and in the Intangible Personalty and in such of the Real Property as may be deemed personalty (collectively, Chattels and Intangible Personalitythe "Collateral"). To the extent any of the Property, Chattels or Intangible Personality Collateral may be or have has been acquired with funds advanced by Beneficiary under the Loan Documents, this security interest is a purchase money security interest. This Deed of Trust constitutes a security agreement Security Agreement under the Arizona Uniform Commercial Code of the state in which the Property is located (the “"Code”") with respect to any part of the Property, Chattels Property and Intangible Personality Collateral that may or might now or hereafter be or be deemed to be personal property, fixtures or property other than real estate (all collectively hereinafter called “Collateral”)estate; all of the terms, provisions, conditions and agreements contained in this Deed of Trust pertain and apply to the Collateral as fully and to the same extent as to any other property comprising the Property, and the following provisions of this Section section shall not limit the generality or applicability of any other provisions provision of this Deed of Trust but shall be in addition thereto: (a) The Collateral shall be is not used by Trustor solely or bought for business personal, family or household purposes, and all Collateral (other than the Intangible Personality) shall be installed upon the real estate comprising part of the Property for Trustor’s own use or as the equipment and furnishings furnished by Trustor, as landlord, to tenants of the Property; (b) The Collateral (other than the Intangible Personally) Tangible Personalty shall be kept at the real estate comprising a part of the Property, and shall not be removed therefrom (unless contemporaneously replaced with similar items of equal or greater value) without the consent of Beneficiary (being the Secured Party as that term is used in the Code); and the Collateral (other than the Intangible Personality) Tangible Personalty may be affixed to such real estate but shall not be affixed to any other real estate; (c) No financing statement covering any of the Collateral or any proceeds thereof is on file in any public office; and Trustor will, at its cost and expense, upon demand, furnish to Beneficiary such further information and will execute and deliver to Beneficiary such financing statements and other documents in form reasonably satisfactory to Beneficiary and will do all such acts and things as Beneficiary may at any time or from time to time reasonably request or as may be reasonably necessary or appropriate to establish and maintain a perfected first-priority security interest in the Collateral as security for the Secured Obligations, subject to no adverse liens or encumbrances; and Trustor will pay the cost of filing the same or filing or recording such financing statements or other documents and this instrument in all public offices wherever filing or recording is deemed by Beneficiary to be reasonably necessary or desirable:; (d) The terms and provisions contained in this Section section and in Section 7.6 7.5 (Enforcement of Security Interests) of this Deed of Trust shall, unless the context otherwise requires, have the meanings and be construed as provided in the Code; and (e) This Deed of Trust constitutes a security agreement and financing statement under the Code with respect to the Collateral. As such, this Deed of Trust covers all items of the Collateral that are or personal property including all items which are to become fixtures. The filing of this Deed of Trust in the real estate records of the county where the Property is located shall constitute a fixture filing in accordance with the Code. Information concerning the security interests created hereby may be obtained at the addresses set forth in Article 1 of this Deed of Trust. Trustor is the “"Debtor” " and Beneficiary is the “"Secured Party” " (as those terms are defined and used in the Code) insofar as this Deed of Trust constitutes a financing statement. (f) Upon its recording in the real property records, this Deed of Trust shall be effective as a financing statement filed as a fixture filing. In addition, a carbon, photographic or other reproduced copy of this Deed of Trust and/or any financing statement relating hereto shall be sufficient for filing and/or recording as a financing statement. The filing of any other financing statement relating to any personal property, rights or interests described herein shall not be construed to diminish any right or priority hereunder.

Security Interest to Beneficiary. As additional security for the Secured Obligations, Trustor Grantor hereby grants to Beneficiary a security interest in the Property, Chattels and Intangible PersonalityPersonalty. To the extent any of the Property, Chattels or Intangible Personality Personalty may be or have been acquired with funds advanced by Beneficiary under the Loan Documents, this security interest is a purchase money security interest. This Deed of Trust Security Instrument constitutes a security agreement under the Uniform Commercial Code of the state in which the Property is located State (the “Code”) with respect to any part of the Property, Chattels and Intangible Personality Personalty that may or might now or hereafter be or be deemed to be personal property, fixtures or property other than real estate (all collectively hereinafter called “Collateral”); all of the terms, provisions, conditions and agreements contained in this Deed of Trust Security Instrument pertain and apply to the Collateral as fully and to the same extent as to any other property comprising the Property, and the following provisions of this Section shall not limit the generality or applicability of any other provisions of this Deed of Trust Security Instrument but shall be in addition thereto: (a) The Collateral shall be used by Trustor Grantor solely for business purposes, and all Collateral (other than the Intangible PersonalityPersonalty) shall be installed upon the real estate comprising part of the Property for TrustorGrantor’s own use or as the equipment and furnishings furnished by TrustorGrantor, as landlord, to tenants of the Property; (b) The Subject to Section 5.7 below, the Collateral (other than the Intangible PersonallyPersonalty) shall be kept at the real estate comprising a part of the Property, and shall not be removed therefrom without the consent of Beneficiary (being the Secured Party as that term is used in the Code); and the Collateral (other than the Intangible PersonalityPersonalty) may be affixed to such real estate but shall not be affixed to any other real estate; (c) No financing statement covering any of the Collateral or any proceeds thereof is on file in any public office; and Trustor Grantor will, at its cost and expense, upon demand, furnish to Beneficiary such further information and will execute and deliver to Beneficiary such financing statements and other documents in form satisfactory to Beneficiary and will do all such acts and things as Beneficiary may at any time or from time to time reasonably request or as may be necessary or appropriate to establish and maintain a perfected first-priority security interest in the Collateral as security for the Secured Obligations, subject to no adverse liens or encumbrances; and Trustor Beneficiary is hereby authorized to execute and/or to file any such financing statements or other documents; and Grantor will pay the cost of filing the same or filing or recording such financing statements or other documents and this instrument in all public offices wherever filing or recording is deemed by Beneficiary to be necessary or desirable:; (d) The terms and provisions contained in this Section and in Section 7.6 of this Deed of Trust Security Instrument shall, unless the context otherwise requires, have the meanings and be construed as provided in the Code; and (e) This Deed of Trust Security Instrument constitutes a financing statement under the Code with respect to the Collateral. As such, this Deed of Trust Security Instrument covers all items of the Collateral that are or are to become fixtures. The filing of this Deed of Trust Security Instrument in the real estate records of the county where the Property is located shall constitute a fixture filing in accordance with the Code. Information concerning the security interests created hereby may be obtained at the addresses set forth in Article 1 of this Deed of TrustSecurity Instrument. Trustor Grantor is the “Debtor” and Beneficiary is the “Secured Party” (as those terms are defined and used in the Code) insofar as this Deed of Trust Security Instrument constitutes a financing statement.