0000950123-10-080292 Sample Contracts

MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND FIXTURE FILING
Mortgage, Security Agreement • August 24th, 2010 • Pacific Sunwear of California Inc • Retail-apparel & accessory stores

This Mortgage, Security Agreement, Financing Statement and Fixture Filing (hereinafter termed “Mortgage”) is entered into by PACIFIC SUNWEAR STORES CORP., a California corporation, having a mailing address of 3450 East Miraloma Avenue, Anaheim, California 92806, Attn: Craig Gosselin (hereinafter termed “Borrower”), in favor of AMERICAN NATIONAL INSURANCE COMPANY, a Texas insurance company, having a mailing address of One Moody Plaza, Galveston, Texas 77550, Attn: Mortgage and Real Estate Investments (hereinafter termed “Lender”).

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ABSOLUTE, UNCONDITIONAL GUARANTY
Absolute, Unconditional Guaranty • August 24th, 2010 • Pacific Sunwear of California Inc • Retail-apparel & accessory stores • Kansas

This ABSOLUTE, UNCONDITIONAL GUARANTY (“Guaranty”) is executed effective as of the 20th day of August, 2010, by PACIFIC SUNWEAR OF CALIFORNIA, INC., a California corporation ( “Guarantor”), for the benefit of AMERICAN NATIONAL INSURANCE COMPANY, a Texas insurance company (“Noteholder”).

DATE: August 20, 2010 TRUST DEED
Rents and Security Agreement • August 24th, 2010 • Pacific Sunwear of California Inc • Retail-apparel & accessory stores

Borrower hereby irrevocably grants, transfers, and assigns to Trustee, its successors and assigns, in trust, with power of sale and right of entry and possession, all of Borrower’s estate, right, title and interest in, to and under and grants to Lender a security interest in any and all of the following described property which is (except where the context otherwise requires) herein collectively called the “Property,” whether now owned or held or hereafter acquired:

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