UCC Security Interest. This Lease shall also constitute a security agreement under the Uniform Commercial Code of the District, State or Commonwealth in which the Demised Premises are located. Upon the occurrence of an event of default by Tenant under this Lease, Landlord shall have the option, in addition to any other remedies provided herein or by law or at equity, to enter the Demised Premises with or without the permission of Tenant and take possession of any and all of Tenant's Property situated in or related to the Demised Premises, without liability for trespass or conversion, and to enforce the lien and security interest hereby granted in any manner provided by law. Upon Landlord's request, Tenant will execute and deliver to Landlord UCC Financing Statements to evidence the above-described lien in favor of Landlord. Landlord shall be permitted from time to time to file such statements in the appropriate City, County, District, State and/or Commonwealth offices to perfect such lien. All expenses incurred by Landlord, including attorneys' fees, to prepare and file such statements (and any extensions, renewals, assignments, transfers, releases and terminations relating thereto) shall be immediately reimbursed by Tenant upon demand. If Tenant fails to deliver such UCC Financing Statements within ten (10) working days after Landlord's request, Tenant by such failure irrevocably constitutes and appoints Landlord as its special attorney-in-fact to execute and record the statements (and any extensions, renewals, assignments, transfers, releases and terminations relating thereto), the foregoing power of attorney being coupled with an interest.
UCC Security Interest. At Purchaser’s request, Seller shall provide Purchaser with evidence, at Seller’s expense, that there exists no security interest in the Servicing Rights given by Seller to a third party, such evidence to consist of (i) a UCC search by Seller directly or a reputable third party vendor which shows to Purchaser’s reasonable satisfaction that no such security interest exists as of the related Closing Date, Seller to provide such evidence no later than the related Transfer Date and/or (ii) an opinion letter of Seller’s counsel, dated the related Transfer Date, which shall opine to Purchaser’s reasonable satisfaction that no third-party security interest given by Seller exists in the Servicing Rights. Seller represents and warrants that effective on the related Closing Date, neither any warehouse or secured lender shall have any right, title or interest in the related Servicing Rights. In the event that such a security interest is shown to exist per item (i) above, Seller shall immediately provide Purchaser with such documentation as is required by Purchaser to evidence removal of such security interest immediately thereafter, including any appropriate security interest waiver executed by the security holder.
UCC Security Interest. As security for the performance of Borrower's Obligations pursuant to this Agreement, and the other Documents, Borrower hereby mortgages, pledges and assigns to Lender, and gives and grants to Lender a security interest in all of its right, title and interest in and to the items and types of property described or referred to below, whether now owned or hereafter acquired, and the proceeds and products thereof (all of which property is herein collectively called the "Collateral"), which security interest has and shall remain first and prior to all other security interests therein and which Collateral shall remain free and clear of all mortgages, pledges, security interests, liens and other encumbrances and restrictions on the transfer thereof, except as specifically set forth in Subsection (b) hereof and in SCHEDULE "D" attached hereto:
(i) THIRD-PARTY-OWNED INVENTORY All inventories of every kind owned by third parties, presently existing or hereafter acquired, wherever located, including all goods intended for auction sale or owned by third parties, against which Borrower has loaned funds and which serve as collateral therefor, and all contract rights with respect to any of the same and all documents representing any of the same, all whether now or hereafter in Borrower's possession or in which Borrower may now have or may hereafter acquire any interest, all whether now existing or hereafter arising (the "Third-Party-Owned Inventory"). The security interest in the Third-Party-Owned Inventory shall continue in all Collateral described in this paragraph (except goods sold as provided in Section 9-307(1) of the Uniform Commercial Code), notwithstanding the sale, exchange or other disposition hereof by Borrower (sale, exchange or other disposition of any of said Collateral is NOT authorized by Lender, other than sale in the ordinary course of business).
UCC Security Interest. 6 3.6 Taxes....................................................................6 3.7 Insurance................................................................6 3.8
UCC Security Interest. This Deed of Trust constitutes both a mortgage and a "security agreement" within the meaning of the Uniform Commercial Code of the applicable jurisdiction (the "UCC") , and the Mortgaged Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Grantor in the Mortgaged Property. Grantor by executing and delivering this Deed of Trust has granted to Trustee and Bank, as security for the Secured Obligations, a security interest in and to those portions of the Mortgaged Property in which a security interest can be granted under the UCC. Portions of the Mortgaged Property are or are to become fixtures as defined in the UCC. This Deed of Trust constitutes and is effective as a fixture filing as provided in Section 9402 of the UCC. This Deed of Trust secures an obligation incurred for the construction of improvements on the Land and is a "construction mortgage" under Section 9313 of the UCC.
UCC Security Interest. As security for the performance of Borrower's Obligations and the Guaranty pursuant to this Agreement, and the other Documents, Borrower and Guarantors hereby mortgages, pledges and assigns to Lender, and gives and grants to Lender a security interest in all of its right, title and interest in and to the items and types of property described or referred to below, whether now owned or hereafter acquired, and the proceeds and products thereof (all of which property is herein collectively called the "Collateral"), which security interest has and shall remain first and prior to all other security interests therein and which Collateral shall remain free and clear of all mortgages, pledges, security interests, liens and other encumbrances and restrictions on the transfer thereof, except as specifically set forth in SCHEDULE "D" attached hereto:
UCC Security Interest. At Purchaser’s request, Seller shall provide Purchaser with evidence, at Seller’s expense, that there exists no security interest in the Servicing Rights given by Seller to a third party, including any Government Entity, such evidence to consist of a UCC search by Seller directly or a reputable third party vendor which shows to Purchaser’s reasonable satisfaction that no such security interest exists as of the Closing Date, Seller to provide such evidence no later than the Closing Date. Seller represents and warrants that effective on the Closing Date, neither any warehouse nor secured lender shall have any right, title or interest in the related Servicing Rights. In the event that such a security interest is shown to exist, Seller shall immediately provide Purchaser with such documentation as is required by Purchaser to evidence removal of such security interest immediately thereafter, including any appropriate security interest waiver executed by the security holder.
UCC Security Interest. Seller shall provide Purchaser with evidence, at Seller's expense, that there exists no security interest in the Servicing given by Seller to a third party, including an Agency, except for that certain security interest in favor of National City Bank of Kentucky, such evidence to consist of (i) a UCC search by Seller directly or a reputable third party vendor which shows to Purchaser's reasonable satisfaction that no such security interest exists as of the Sale Date, Seller to provide such evidence no later than the Approval Date, (ii) written acknowledgement that no such security interest exists from the applicable Agency investors, and (iii) at the request of Purchaser, an opinion letter of Seller's counsel, dated the Approval Date, which shall opine to Purchaser's reasonable satisfaction that no third-party security interest given by the Seller exists in the Servicing, except as disclosed in this Section 7.23. In the event that such a security interest is shown to exist per item (i) above, and in connection with the security interest which exists in favor of National City Bank of Kentucky, Seller shall immediately provide Purchaser with such documentation as is required by Purchaser to evidence removal of such security interest by the Sale Date, including any appropriate security interest waiver executed by the security holder. Purchaser agrees to execute, as of the Sale Date, an acknowledgement of a security interest in Seller's right to receive proceeds under the terms of this Sale Agreement in favor of National City Bank of Kentucky, in a form reasonably acceptable to Purchaser and Seller.
UCC Security Interest. Lender shall require a first lien on all personal property, fixtures and equipment now or hereafter used in the operation of the Project (other than personal property leased pursuant to leases for which Lender has given its prior written approval), with necessary security agreements and Uniform Commercial Code Financing Statements to be executed and filed with the appropriate county and/or state offices, all as provided in Section II.C.5 hereof. Borrower agrees to furnish continuation statements at required intervals. Lender is to receive satisfactory evidence that Lender's lien on said personal property, fixtures and equipment is a first and prior lien.
UCC Security Interest. Lender shall require a first lien on all personal property, fixtures and equipment now or hereafter used in the operation of the Project, with necessary security agreements and Uniform Commercial Code Financing Statements to be executed and filed with the appropriate county and/or state offices. Borrower agrees to furnish continuation statements at required intervals. Lender is to receive satisfactory evidence that Lender's lien on said personal property, fixtures and equipment is a first and prior lien.
