Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grant, convey, mortgage, transfer, bargain, and assign to Trustee, and successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"): (a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises"); (b) all buildings and improvements now or hereafter located on the Premises (the "Improvements"); (c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof; (d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof; (e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust; (f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements; (g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment; (h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and (i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 6 contracts
Sources: Deed of Trust (Discovery Investments Inc), Deed of Trust (Discovery Investments Inc), Deed of Trust (Discovery Investments Inc)
Grant. For Subject to Section 3.6 hereof, as collateral security for the purposes performance and payment in full of and upon the terms and conditions in this ----- Deed of TrustObligations, Trustor does Grantor hereby grant, convey, mortgage, transfer, bargain, and assign to Trustee, and successors grants and assigns of Trusteeto Administrative Agent, in trust for the benefit of Beneficiarythe Secured Creditors, with power of sale a lien and right of entry security interest in and possession, against any and all of Trustor's Grantor’s right, title and interestinterest in and to the following assets (other than Pledge Agreement Collateral), whether tangible or intangible, real or personal, and in and against any and all additions, attachments, accessories and accessions thereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all of the foregoing being hereinafter individually and collectively referred to as the “Collateral”):
(a) All apparatus, machinery, devices, fixtures, communication devices, systems and equipment, fittings, appurtenances, equipment, appliances, furniture, furnishings, appointments, accessories, landscaping, plants and all other items of personal property located at the Properties or otherwise, or used in the operation or maintenance of the Properties or otherwise, or any business or operation conducted thereon or at any other location. All fixtures and equipment now or hereafter installed for use in the operation of the buildings, structures and improvements now or hereafter on the Properties or otherwise, including but not limited to, all lighting, heating, cooling, ventilating, air-conditioning, plumbing, sprinkling, incinerating, refrigerating, air-cooling, lifting, fire extinguishing, cleaning, entertaining, security, communicating and electrical and power systems, and the machinery, appliances, fixtures and equipment pertaining thereto, all awnings, ovens, stoves, refrigerators, dishwashers, disposals, carpeting, switchboards, engines, motors, tanks, pumps, screens, storm doors and windows, shades, floor coverings, ranges, washers, dryers, disposals, cabinets, furniture, partitions, conduits, ducts and compressors, and all elevators and escalators and the machinery and appliances, fixtures and equipment pertaining thereto.
(b) All Accounts, now owned or hereafter acquired by the Grantor, including: (i) all accounts receivable, other receivables (including health care receivables), book debts and other forms of obligations; (ii) all of Grantor’s rights in, to and under all purchase orders or receipts for goods or services; (iii) all of Grantor’s rights to any goods represented by any of the foregoing (including unpaid sellers’ rights of rescission, replevin, reclamation and stoppage in transit and rights to returned, reclaimed or repossessed goods); (iv) all moneys due or to become due to Grantor under all purchase orders and contracts for the sale of goods or the performance of services or both by Grantor or in connection with any other transaction (whether or not yet earned by performance on the part of Grantor), including the right to receive the proceeds of said purchase orders and contracts; and (v) all collateral security and guarantees of any kind given by Grantor with respect to any of the foregoing.
(c) Any and all other revenues and income now owned or hereafter acquired and arising from or out of the Properties and/or the businesses and operations conducted thereon, to the extent not already covered by subsection (b) above.
(d) Any and all other personal property of any kind, nature or description, whether tangible or intangible, (including without limitation, any and all Goods, Accounts, contract rights, franchises, licenses, permits, copyrights, trademarks, all other intellectual property of every kind or nature whatsoever, Chattel Paper, Money, Deposit Accounts, Documents, Instruments and General Intangibles of Grantor, whether now owned or hereafter acquired, or in which Grantor now have or shall hereafter acquire any right, title or interest whatsoever (whether by ▇▇▇▇ of sale, lease, conditional sales contract, or other title retention document or otherwise).
(e) Any and all additions and accessories to all of the following propertyforegoing and any and all Proceeds, rights renewals, replacements and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as substitutions of all of the "Secured Property"):foregoing.
(af) To the real property described in Exhibit A attached hereto extent assignable by Grantor, all books, records, manager minutes, contracts, insurance policies, environmental audits, files, computer files, computer discs and --------- incorporated herein by reference (other data and software storage and media devices, accounting books and records, filings with governmental authorities, all feasibility and marketing studies, percolation tests, soil borings, surveys, topographical studies and the "Premises");
(b) like with respect to the Properties and the uses thereof, all buildings licenses, permits and warranties with respect to the improvements now or hereafter located on the Premises Properties (the "“Improvements"”);
(c) , all contracts of sale with respect to the Improvements, all operating and service contracts relating to the operation of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powersImprovements, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining warranties with respect to the Premises and Improvements (including, without limitation, and/or any and all development rights, air rights work completed or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable materials supplied in connection with the present or future operation Improvements, all plans and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made specifications with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right)Improvements, or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of contracts with architects, engineers and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought surveyors with respect to the PremisesImprovements, all construction contracts with respect to the Improvements or Equipment and any and all records and instruments relating to commence any action or proceeding the Collateral. The foregoing security interest grant is intended to protect the interest and shall serve to cover all of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each Grantor’s properties and assets whatsoever pursuant to Section 9-504 of the foregoing. TO HAVE AND TO HOLD UCC (other than the above granted Pledge Agreement Collateral) and described Secured Property unto Trustee, and its successors and assigns, forevershall be first in priority for so long as any Obligations remain outstanding.
Appears in 2 contracts
Sources: Security Agreement, Security Agreement (Spirit Realty Capital, Inc.)
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor does hereby grantirrevocably grants, convey, mortgage, transfer, bargain, and assign to Trustee, and successors conveys and assigns of Trusteeto Trust- ee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's estate, right, title and interestinterest which Trustor now has or may hereafter acquire in, whether now owned to, under or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):following:
(a) the a. That real property ("Land") located in Fremont, county of Alameda, state of California, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises")hereto;
(b) all buildings b. All appurtenances, easements, rights of way, water and water rights, pumps, pipes, flumes and ditches and ditch rights, water stock, ditch and/or reservoir stock or interests, royalties, development rights and credits, air rights, minerals, oil rights, and gas rights, now or later used or useful in connection with, appurtenant to or related to the Land;
c. All buildings, structures, facilities, other improvements and fixtures now or hereafter located on the Premises (the "Improvements")Land;
(c) d. All apparatus, equipment, machinery and appliances and all accessions thereto and renewals and replacements thereof and substitutions therefor used in the operation or occupancy of the estateLand, rightit being intended by the parties that all such items shall be conclusively considered to be a part of the Land, title, claim whether or demand of any nature whatsoever of Trustor, either in law not attached or in equity, in possession or expectancy, in and affixed to the Premises and the Improvements or any part thereofLand;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all e. All land lying in the bed right-of-way of any street, road or road, avenue, opened alley or proposedright-of-way opened, in front proposed or vacated, and all sidewalks, strips and gores of land adjacent to or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation Land;
f. All additions and occupancy of accretions to the Premises or Improvements property described above;
g. All licenses, authorizations, certificates, variances, consents, approvals and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, other permits now or hereafter located upon pertaining to the Premises or Improvements (collectivelyLand and all estate, the "Equipment"), and the right, title and interest of Trustor in and in, to, under or derived from all tradenames or business names relating to the Land or the present or future development, construction, operation or use of the Land; and
h. All proceeds of any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 2 contracts
Sources: Deed of Trust (Protein Design Labs Inc/De), Deed of Trust (Protein Design Labs Inc/De)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably grants, conveyconveys, mortgage, transfer, bargain, assigns and assign mortgages to Trustee, Mortgagee and its successors and assigns forever all of Trusteethat real property located in the City of Pittston, County of Luzerne, Commonwealth of Pennsylvania, described on Exhibit A attached hereto, together with all right, title, interest, and privileges of Mortgagor in trust for the benefit of Beneficiaryand to all streets, ways, roads, and alleys used in connection with power of sale or pertaining to such real property and right of entry and possessionany improvements thereon, all of Trustor's rightdevelopment rights or credits, title air rights, water, water rights and interestwater stock related to the real property, whether now owned all timber, and all minerals, oil and gas, and other hydrocarbon substances in, on or hereafter acquiredunder the real property, in or to and all of the following propertylicenses, appurtenances, reversions, remainders, easements, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred rights of way appurtenant or related thereto; and any and all rights of Mortgagor, as a declarant, under any covenants, conditions, and restrictions now or hereafter pertaining to as the "Secured Property"):
(a) the real property described in on Exhibit A attached hereto A, hereto, provided, however, that Mortgagee shall have no liability under such covenants, conditions, and --------- incorporated herein by reference (restrictions unless and until Mortgagee forecloses on the "Premises");
(b) real property; all buildings buildings, other improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estatereal property, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitationbut not limited to, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, appliances used in the operation or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or Improvements not attached or affixed to the real property (the “Improvements”); all interest or estate which Mortgagor may hereafter acquire in the property described above, and all building equipment, materials additions and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment")accretions thereto, and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing; (all of the foregoing being collectively referred to as the “Subject Property”). The listing of specific rights or property shall not be interpreted as a limit of general terms. TO HAVE AND TO HOLD the above granted Subject Property, together with the Collateral (as hereinafter defined) and all the rights, easements, profits and appurtenances and other property described Secured Property above, together with all proceeds, products, replacements, additions, substitutions and renewals to or of any or all of the foregoing belonging unto Trusteeand to the use of the Mortgagee, and its successors and assigns, in fee simple forever; PROVIDED, ALWAYS, that if Mortgagor shall pay unto Mortgagee the principal of and interest on the Note, when and as the same shall become due and payable whether by acceleration or otherwise, and shall pay all Secured Obligations (as hereinafter defined), and performs all obligations on its behalf contained in this Mortgage, the Loan Agreement (as such terms are defined below) or any of the other documents evidencing any of the Secured Obligations, then and in that case, the Subject Property and the Collateral hereby conveyed and all rights and interests therein and thereto shall revert to Mortgagor and the estate, right, title and interest of Mortgagee therein shall thereupon cease, determine and become void and in such case Mortgagee shall execute and deliver to Mortgagor at Mortgagor’s cost, an appropriate release and discharge of this Mortgage in form to be recorded.
Appears in 2 contracts
Sources: Open End Mortgage (KBS Real Estate Investment Trust II, Inc.), Open End Mortgage (KBS Real Estate Investment Trust II, Inc.)
Grant. For Ten Dollars ($10.00) and other good and valuable consideration, the purposes receipt and sufficiency of which each Party hereby acknowledges, Seller has granted, transferred, bargained, sold, conveyed, and upon the terms assigned, and conditions in this ----- Deed of Trust, Trustor does hereby grant, convey, mortgage, transfer, bargain, sell, convey, and assign to TrusteeBuyer, for all purposes at and successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all as of the following propertyEffective Time, rights the Net Revenue Interests and interests listed Working Interests shown on Exhibit A and any greater interest which Seller may have in subsections and to the following, solely with respect to the Shallow Rights (aas hereinafter defined) through (i) below (hereinafter collectively referred to as collectively, the "Secured Property"“Assets”):
(a) Subject to the real property reservations set forth in Section 1.2:
(1) the Shallow Rights (as hereafter defined) only in the oil, gas and/or mineral leases described in Exhibit A attached hereto (and --------- incorporated herein by reference in and to any ratifications and/or amendments to such leases, whether or not such ratifications or amendments are described in Exhibit A, (individually, a “Lease,” and collectively, the “Leases”);
(2) the oil and gas and other ▇▇▇▇▇ listed on Exhibit B (the "Premises"“▇▇▇▇▇”);; and
(3) the lands associated with and subject to the Leases; and
(b) all buildings of the pooling and improvements now unitization agreements, hydrocarbon purchase and sale contracts, leases, pooling agreements, unitization agreements, permits, rights-of-way, easements, servitudes, licenses, options, surface leases, surface fee interests, orders and other contracts or hereafter located on agreements associated with the Premises Leases and ▇▇▇▇▇ (collectively, the "Improvements"“Property Agreements”);
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittingstangible personal property, fixtures and other property improvements now and as of every kind and nature whatsoever owned by Trustorthe Effective Time on, appurtenant to or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present Assets or future operation and occupancy with the production, treatment, storage, sale or disposal of the Premises hydrocarbons, water or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, other minerals or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether substances produced from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)Leases, including, without limitation, all ▇▇▇▇▇, wellhead equipment, fixtures, casing and tubing, all production, storage, treating, compression, dehydration, delivering, salt water disposal and other facilities of every kind, character and description, used or usable solely in connection with the right to receive and apply production, treatment, storage, delivery, sale or disposal of hydrocarbons, water or other minerals or substances produced from the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to Assets (the Premises, Improvements or Equipment“Personal Property”);
(hd) Hydrocarbons produced from the rightLeases, and the accounts and proceeds from the sale thereof to the extent the Hydrocarbons have been produced, or accrued, or is held on the Leases or in the name tanks from and on behalf after the Effective Time (the “Production”);
(e) Any and all leases, right-of-way agreements, easements or servitudes used or held for use primarily in connection with the operation of Trustorthe Assets, to appear in including associated pipe, valves, JT units, gas treating plants and defend any action or proceeding brought with respect to gas processing plants (the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment“Pipelines”); and
(if) all proceeds books, records, files or copies thereof, in Seller’s possession relating directly to the Assets, including, without limitation, geological, plats, surveys, maps, cross sections, production records, electric logs, cuttings, cores, core data, pressure data, decline and production curves, well files and all related matters, division of each interest records, division orders, lease files, title opinions, abstracts, lease operating statements and all other accounting information, marketing reports, statements, gas balancing information and all other marketing information, all geophysical and seismic records except to the extent that the transfer of such geophysical or seismic records would violate existing licensing or other contractual restrictions on such transfer, but excluding all tax returns (the foregoing. TO HAVE AND TO HOLD the above granted “Books and described Secured Property unto Trustee, and its successors and assigns, foreverRecords”).
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement (Goodrich Petroleum Corp)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustEach Grantor hereby unconditionally grants, Trustor does hereby grant, convey, mortgage, transfer, bargainassigns, and assign pledges to TrusteeAgent, and successors and assigns of Trustee, in trust for the benefit of Beneficiaryeach member of the Lender Group and each of the Bank Product Providers, with power of sale and right of entry and possessionto secure the Secured Obligations, a continuing security interest (hereinafter referred to as the “Security Interest”) in all of Trustor's such Grantor’s right, title title, and interestinterest in and to the following, whether now owned or hereafter acquired, in acquired or to all of arising and wherever located (the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"“Collateral”):
(a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises")all of such Grantor’s Accounts;
(b) all buildings and improvements now or hereafter located on the Premises (the "Improvements")of such Grantor’s Books;
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereofsuch Grantor’s Chattel Paper;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereofsuch Grantor’s Deposit Accounts;
(e) all machinery, apparatus, equipment, fittings, fixtures of such Grantor’s Equipment and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of TrustFixtures;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvementssuch Grantor’s General Intangibles;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or EquipmentGrantor’s Inventory;
(h) the right, in the name and on behalf all of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; andsuch Grantor’s Investment Related Property;
(i) all of such Grantor’s Negotiable Collateral;
(j) all of such Grantor’s Supporting Obligations;
(k) all of such Grantor’s Commercial Tort Claims;
(l) all of such Grantor’s money, Cash Equivalents, or other assets of such Grantor that now or hereafter come into the possession, custody, or control of Agent (or its agent or designee) or any other member of the Lender Group; and
(m) all of the proceeds (as such term is defined in the Code) and products, whether tangible or intangible, of each any of the foregoing. TO HAVE AND TO HOLD , including proceeds of insurance or Commercial Tort Claims covering or relating to any or all of the above granted and described Secured Property unto Trusteeforegoing, and its successors any and assignsall Accounts, foreverBooks, Chattel Paper, Deposit Accounts, Equipment, Fixtures, General Intangibles, Inventory, Investment Related Property, Negotiable Collateral, Supporting Obligations, money, or other tangible or intangible property resulting from the sale, lease, license, exchange, collection, or other disposition of any of the foregoing, the proceeds of any award in condemnation with respect to any of the foregoing, any rebates or refunds, whether for taxes or otherwise, and all proceeds of any such proceeds, or any portion thereof or interest therein, and the proceeds thereof, and all proceeds of any loss of, damage to, or destruction of the above, whether insured or not insured, and, to the extent not otherwise included, any indemnity, warranty, or guaranty payable by reason of loss or damage to, or otherwise with respect to any of the foregoing (the “Proceeds”). Without limiting the generality of the foregoing, the term “Proceeds” includes whatever is receivable or received when Investment Related Property or proceeds are sold, exchanged, collected, or otherwise disposed of, whether such disposition is voluntary or involuntary, and includes proceeds of any indemnity or guaranty payable to any Grantor or Agent from time to time with respect to any of the Investment Related Property.
Appears in 1 contract
Grant. For good and valuable consideration, including the purposes debt and trust hereinafter described, the receipt and legal sufficiency of and upon the terms and conditions in this ----- Deed of Trustwhich are hereby expressly acknowledged by all parties, Trustor Grantor does hereby grantGRANT, conveyBARGAIN, mortgageSELL, transferTRANSFER, bargainASSIGN, and assign to AND CONVEY unto Trustee, and its successors and assigns of Trustee, substitutes in trust for the benefit of Beneficiaryhereunder, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following described property, rights and interests listed in subsections subject to the Permitted Exceptions:
(aA) through The Land, together with (i) below the Improvements; (hereinafter collectively referred ii) all estates, easements, interests, licenses, rights, titles, powers, and privileges of Grantor in and to the Land and all easements and rights-of-way used in connection with the Land or the Improvements or as a means of ingress to or egress from the "Secured Property"):
Land or the Improvements; (aiii) all estates, easements, interests, licenses, rights, titles, powers, and privileges, if any, of Grantor in and to the real property described estate lying in Exhibit A attached hereto the streets, roads, alleys, ways, sidewalks, or avenues, open or proposed, in front of, or adjoining, the Land, and --------- incorporated herein by reference in and to any strips or gores of real estate adjoining the Land; and (iv) all estates, easements, licenses, interests, rights, titles, powers, and privileges appurtenant or incident to the "Premises")foregoing;
(bB) all buildings and improvements now or hereafter located on the Premises (the "Improvements");The Personal Property; and
(cC) all All other estates, easements, licenses, interests, rights, titles, powers, and privileges of the estateevery kind and character which Grantor now has, right, title, claim or demand of at any nature whatsoever of Trustor, either in law or in equity, in possession or expectancytime hereafter acquires, in and to the Premises and Land, the Improvements or any part thereof;
(d) all easementsImprovements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powersthe Personal Property, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, Grantor which is used or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable useful in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectivelyLand, the "Equipment")Improvements, and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereonPersonal Property, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insuranceand all insurance covering the Land, judgmentsthe Improvements, and the Personal Property. All property and interests described or referred to in Subsections (A), (B), and (C) of this Section 2.1, together with any additional interest therein now owned, or settlements made in lieu thereofhereafter acquired, for damage to by Grantor, are sometimes hereinafter collectively called the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing"Mortgaged Property". TO HAVE AND TO HOLD the above granted Mortgaged Property, together with all and described Secured Property unto Trusteesingular the rights, hereditaments, and appurtenances in anywise appertaining or belonging thereto, unto Trustee and Trustee's successors or substitutes in this trust, and Trustee's and its or his successors and assigns, in trust and for the uses and purposes hereinafter set forth, forever.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably grants, convey, mortgage, transfer, bargain, and assign to Trustee, and successors conveys and assigns of Trustee, in trust for the benefit of Beneficiaryto Mortgagee, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, the leasehold interest in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the real property located in the City of New York, County of New York, State of New York, described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises"“Real Property”) held by Mortgagor pursuant to that certain ground lease located at the Real Property and described in Schedule III attached hereto (the “Ground Lease”);
(b) , together with all buildings after acquired title in respect of the Real Property, and all right, title, interest and privileges of Mortgagor in and to all streets, ways, roads and alleys used in connection with or pertaining to the Real Property, and together with all development rights or credits, air rights, water, water rights and water stock related to such real property, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the real property, and all appurtenances, easements, rights and rights of way appurtenant or related thereto; all buildings, other improvements and fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estateReal Property, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitationbut not limited to, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, appliances used in the operation or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or Improvements not attached or affixed to the real property (the “Improvements”); all interest or estate which Mortgagor may hereafter acquire in the property described above, and all building equipmentadditions and accretions thereto, materials and supplies the proceeds of any nature whatsoever owned of the foregoing (all of the foregoing being collectively referred to as the “Property”). The listing of specific rights or property shall not be interpreted as a limit of general terms. PROVIDED, ALWAYS, that if Mortgagor shall pay unto Mortgagee the principal of and interest on the Note, when and as the same shall become due and payable whether by Trustoracceleration or otherwise, or in which Trustor has or and shall have an interest, now or hereafter located upon the Premises or Improvements pay all Secured Obligations (collectively, the "Equipment"as hereinafter defined), and perform all obligations on its behalf contained in this Mortgage, the Project Loan Agreement and all of the other documents evidencing any of the Secured Obligations, then and in that case, the Property and the Collateral (as hereinafter defined) hereby conveyed and all rights and interests therein and thereto shall revert to Mortgagor and the estate, right, title and interest of Trustor Mortgagee therein shall thereupon cease, determine and become void and in such case Mortgagee shall execute and deliver to any of the Equipment which may be subject Mortgagor, pursuant to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located)Section 5.14 hereof, superior in lien to the lien at Mortgagor’s cost, an appropriate release, assignment or discharge of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right Mortgage in form to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, foreverrecorded.
Appears in 1 contract
Sources: Project Loan Mortgage (KBS Strategic Opportunity REIT II, Inc.)
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor Grantor hereby has bargained, sold, given, granted and conveyed and does hereby grant, convey, mortgage, transfer, by these presents bargain, sell, give, grant and assign convey to Trustee, and his heirs, successors and assigns of Trusteeassigns, in trust trust, WITH POWER OF SALE for the benefit of BeneficiaryLender, with power of sale all privileges and right of entry appurtenances thereto belonging, to Lender, his heirs, successors and possessionassigns, forever upon the trusts, terms and conditions and for the uses hereinafter set forth, all of Trustor's estate, right, title and interestinterest which Grantor now has or may hereafter acquire in, whether now owned to, under, or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections following: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the that real property (“Land”) located in county of Shenandoah, Virginia, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
this reference; (b) all buildings buildings, improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
Land; and (c) all of the estateadditions, rightaccretions, titlerents, claim or demand of any nature whatsoever of Trustorissues, either in law or in equityprofits, in possession or expectancyroyalties, in and to the Premises and the Improvements or any part thereof;
(d) all appurtenances, easements, rights-of-waywater, gores of land, streets, ways, alleys, passages, sewer water rights, waterswater stock, water coursesminerals, water rights and powers, and all estates, oil rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development gas rights, air rights or similar or comparable and other rights of any nature whatsoever now or hereafter appurtenant or related to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy Land. All of the Premises foregoing property is hereinafter collectively defined as the “Property.” The listing of specific rights or Improvements and all building equipment, materials and supplies property shall not be interpreted as a limitation of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoinggeneral terms. TO HAVE AND TO HOLD the above granted Property and described Secured Property all the estate, right, title and interest in law and in equity, of Grantor in and to the Property, unto Trustee, and its successors and assignsassigns in fee simple forever, foreverupon the trusts, terms and conditions, and for the uses hereinafter set forth.
Appears in 1 contract
Grant. For the purposes purpose of securing payment and upon •performance of the terms Secured Obligations defined and conditions described in this ----- Deed of TrustSection 1.2, Trustor does Mortgagor hereby grantirrevocably and unconditionally grants, conveyconveys, mortgage, transfer, bargain, and assign to Trustee, and successors transfers and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possessionto Mortgagee, all of Trustor's estate, right, title and interest, whether interest which Mortgagor now owned has or hereafter acquired, may later acquire in or and to all of the following property (all or any part of such property, rights and interests listed or any interest in subsections all or any part of it, together with the Personalty (aas hereinafter defined) through (i) below (being hereinafter collectively referred to as the "Secured 'Property"):');
(a) the The real property located in COUNTY OF C▇▇▇▇▇▇▇, COMMONWEALTH OF KENTUCKY as described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises"“Land”);, together with all existing and future easements and rights affording access to the Land; and
(b) all buildings All buildings, structures and improvements now located or hereafter located later to be constructed on the Premises Land (the "“Improvements"”);; and
(c) all of the estateAll existing and future appurtenances, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estatesprivileges, rights, titles, interests, privileges, liberties, tenements, hereditamentseasements, and appurtenances tenements of the Land, Including all minerals, oil, gas, other hydrocarbons and any nature whatsoeverother commercially valuable substances which may be in, in under or produced from any way belongingpart of the Land, relating or pertaining to the Premises a” development rights and Improvements (including, without limitation, any and all development air rights, air rights or similar or comparable rights of water, Water Rights (as defined herein), and any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any streetstreets, road roads or avenueavenues, opened open or proposed, in front of or adjoining the Premises to Land and Improvements; and
(d) All rents, income, revenues, issues and profits of or from the center line thereof;Land or the Improvements; and
(e) Alt Fixtures (as that term is hereinafter defined); and
(f) All proceeds. including all machineryclaims to and demands for them, apparatusof the voluntary or involuntary conversion of any of the Land, equipment, fittings, fixtures and the Improvements or the other property described above Into cash or liquidated claims, including proceeds of every kind any insurance policies, present and nature whatsoever owned future, payable because of loss sustained to all or any part of any Property, whether or not such insurance policies are required by TrustorMortgagee, and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Land, the improvements or the other property described above or any part of them, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable breach of warranty in connection with the present or future operation and occupancy construction of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or paymentsImprovements, including interest thereoncauses of action .arising in tort. contract, and the right to receive the same, which may be made with respect to the Premises fraud or Improvements whether from the exercise concealment of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;a material fact; and
(g) all proceeds of Al additions and accretions to, substitutions and replacements for, and changes in, any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and property described Secured Property unto Trustee, and its successors and assigns, foreverabove.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in this ----- Deed Mortgage, Mortgagor, for valuable consideration, the receipt of Trustwhich is hereby acknowledged, Trustor does hereby grantgrants, conveyconveys, mortgage, transfer, bargain, assigns and assign mortgages to Trustee, Mortgagee and its successors and assigns of Trusteeforever, in trust for the benefit of Beneficiary, with power of sale and right of entry and possessionWITH MORTGAGE COVENANTS, all of Trustor's that real property located in the Township of Bernards, County of Somerset, State of New Jersey, described on Exhibit A attached hereto, together with all right, title and title, interest, whether now owned or hereafter acquired, and privileges of Mortgagor in or and to all of streets, ways, roads, and alleys used in connection with or pertaining to such real property and any improvements thereon, all development rights or credits, air rights, water, water rights and water stock related to the following real property, all timber, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the real property, and all licenses, appurtenances, reversions, remainders, easements, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred rights of way appurtenant or related thereto; any and all rights of Mortgagor, as a declarant, under any covenants, conditions, and restrictions now or hereafter pertaining to as the "Secured Property"):
(a) the real property described in on Exhibit A attached hereto hereto, provided, however, that Mortgagee shall have no liability under such covenants, conditions, and --------- incorporated herein by reference (restrictions unless and until Mortgagee forecloses on the "Premises");
(b) real property; all buildings buildings, other improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estatereal property, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitationbut not limited to, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, appliances used in the operation or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or Improvements not attached or affixed to the real property (the “Improvements”); all interest or estate which Mortgagor may hereafter acquire in the property described above, and all building equipment, materials additions and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment")accretions thereto, and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing; (all of the foregoing being collectively referred to as the “Subject Property”). TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, foreverThe listing of specific rights or property shall not be interpreted as a limit of general terms.
Appears in 1 contract
Sources: Mortgage (KBS Real Estate Investment Trust II, Inc.)
Grant. For To secure payment and performance of the purposes Secured Obligations, including performance and keeping by REG Lessee of each of the covenants and upon agreements required to be kept and performed by REG Lessee pursuant to the terms of the REG Lease, in consideration of these premises and conditions in this ----- Deed of Trustfor other consideration, Trustor Mortgagor does hereby grant, convey, irrevocably and unconditionally mortgage, transfergrant, bargain, sell, pledge, assign, hypothecate, warrant, transfer and assign convey to TrusteeMortgagee, and its successors and assigns of Trusteeassigns, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquiredthe Secured Parties, in or to all fee simple, each of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):following:
(aA) by Revel AC, the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises")Land;
(bB) TOGETHER WITH all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand title and interest of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancyMortgagor of, in and to the Premises and the Improvements or any part thereofImprovements;
(dC) TOGETHER WITH all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereofAppurtenant Rights;
(eD) TOGETHER WITH all machinerythe estate, apparatusright, equipmenttitle and interest of Mortgagor of, fittings, fixtures in and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon to the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and Tangible Collateral;
(E) TOGETHER WITH all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor Mortgagor of, in and to the Intangible Collateral;
(F) TOGETHER WITH (i) all the estate, right, title and interest of Mortgagor of, in and to all judgments and decrees, insurance proceeds, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of any of the property described in sub-clauses (A), (B), (C), (D) and (E) hereof or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the property described in sub-clauses (A), (B), (C), (D) and (E) hereof or any part thereof and Mortgagee is (subject to the terms hereof) hereby authorized to collect and receive said awards and proceeds and to give proper receipts and acquittance therefor, and (subject to the terms hereof) to apply the same toward the payment of the indebtedness and other sums secured hereby, notwithstanding the fact that the amount owing thereon may not then be due and payable; (ii) all proceeds of any sales or other dispositions of property or rights described in sub-clauses (A), (B), ▇▇▇▇▇ ▇▇ - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ (▇), (▇) and (E) hereof or any part thereof whether voluntary or involuntary, provided, however, that the foregoing shall not be deemed to permit such sales, transfers, or other dispositions except as specifically permitted herein; and (iii) whether arising from any voluntary or involuntary disposition of the property described in sub-clauses (A), (B), (C), (D) and (E) hereof or any part thereof, all Proceeds, products, replacements, additions, substitutions, renewals and accessions, remainders, reversions and after acquired interest in, of and to such property;
(G) TOGETHER WITH the absolute assignment of any Space Leases or any part thereof that Mortgagor has entered into, taken by assignment, taken subject to, or assumed, or has otherwise become bound by, now or in the future, together with all of the following (including all “Cash Collateral” within the meaning of the Bankruptcy Code) arising from the Space Leases: (i) Rents (subject, however, to the aforesaid absolute assignment to Mortgagee and the conditional permission hereinbelow given to Mortgagor to collect the Rents); (ii) all guarantees, letters of credit, security deposits, collateral, cash deposits, and other credit enhancement documents, arrangements and other measures with respect to the Space Leases; (iii) all of Mortgagor’s right, title, and interest under the Space Leases, including the following: (a) the right to receive and collect the Rents from the lessee, sublessee or licensee, or their successor(s) or assign(s), under any Space Lease(s); and (b) the right to enforce against any tenants thereunder and otherwise any and all remedies under the Space Leases, including Mortgagor’s right to evict from possession any tenant thereunder or to retain, apply, use, draw upon, pursue, enforce or realize upon any guaranty of any Space Lease; to terminate, modify, or amend the Space Leases; to obtain possession of, use, or occupy, any of the real or personal property subject to the Space Leases; and to enforce or exercise, whether at law or in equity or by any other means, all provisions of the Space Leases and all obligations of the tenants thereunder based upon (1) any breach by such tenant under the applicable Space Lease (including any claim that Mortgagor may have by reason of a termination, rejection, or disaffirmance of such Space Lease pursuant to any Bankruptcy Law); and (2) the use and occupancy of the premises demised, whether or not pursuant to the applicable Space Lease (including any claim for use and occupancy arising under landlord tenant law of the State of New Jersey or any Bankruptcy Law).
(H) TOGETHER WITH all of Mortgagor’s right, title and interest in and to any and all plans and specifications and all maps, plans, specifications, surveys, studies, tests, reports, data and drawings relating to the development of the Equipment Site or the construction of the Improvements, including, without limitation, all marketing plans, feasibility studies, soils tests, design contracts and all contracts and agreements of Mortgagor relating thereto including, without limitation, architectural, structural, mechanical and engineering plans and specifications, studies, data and drawings prepared for or relating to the development of the Site or the construction, renovation or restoration of any of the Improvements or the extraction of minerals, sand, gravel or other valuable substances from the Site;
(I) TOGETHER WITH, to the extent permitted by applicable law, all of Mortgagor’s right, title, and interest in and to any and all licenses, permits, variances, special permits, franchises, certificates, rulings, certifications validations, exemptions, filings, registrations, authorizations, consents, approvals, waivers, orders, rights and agreements (including, without limitation, options, option rights and contract rights now or hereafter obtained by Mortgagor from any Governmental Authority having or claiming jurisdiction over the Land, the FF&E, or any other element of the Mortgaged Property or providing access thereto, or relating to the operation of any business on, at, or from the Site); provided, however, that so long as no Event of Default has occurred and is continuing, Mortgagor shall be entitled to the use and enjoyment of, and to exercise all rights, remedies, privileges and benefits of Mortgagor with respect to said collateral; Revel AC - 2011 First Lien Mortgage
(J) TOGETHER WITH all the estate, right, title and interest of Mortgagor of, in and to all water, riparian, and littoral rights relating to the Site;
(K) TOGETHER WITH all the right, title and interest of Mortgagor of, in and to oil and gas and other mineral rights, if any, in or pertaining to the Site and all royalty, leasehold and other rights of Mortgagor pertaining thereto;
(L) TOGETHER WITH any and all monies and other property, real or personal, which may froth time to time be subjected to the Lien hereof by Mortgagor or by anyone on its behalf or with its consent, or which may come into the possession or be subject to the control of Mortgagee pursuant to this Mortgage or any security agreements other Loan Document, including, without limitation, any Protective Advances (as defined in the Uniform Commercial Code Section 7(B) hereof) under this Mortgage; and all of Mortgagor’s right, title, and interest in and to all extensions, improvements, betterments, renewals, substitutes for and replacements of, and all additions, accessions, and appurtenances to, any of the State in which foregoing that Mortgagor may subsequently acquire or obtain by any means, or construct, assemble, or otherwise place on any of the Premises are located)Mortgaged Property, superior in lien and all conversions of any of the foregoing; it being the intention of Mortgagor that all property hereafter acquired by Mortgagor and required by the Loan Documents or this Mortgage to be subject to the lien Lien of this Deed Mortgage or intended so to be shall forthwith upon the acquisition thereof by Mortgagor be subject to the Lien of Trust;
(f) all awards this Mortgage as if such property were now owned by Mortgagor and were specifically described in this Mortgage and granted hereby or payments, including interest thereonpursuant hereto, and the right Mortgagee is hereby authorized, subject to applicable laws, to receive any and all such property as and for additional security for the same, which obligations secured or intended to be secured hereby. Mortgagor agrees to take any action as may reasonably be made with respect necessary to the Premises evidence and perfect such Liens or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)security interests, including, without limitation, the right to receive and apply the proceeds execution of any insurance, judgments, documents necessary to evidence and perfect such Liens or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipmentsecurity interests;
(hM) the right, in the name and on behalf of TrustorTOGETHER WITH, to appear in the extent permitted by applicable laws, any and defend all Accounts Receivable and all royalties, earnings, income, proceeds, products, rents, revenues, reversions, remainders, issues, profits, avails, production payments, and other benefits directly or indirectly derived or otherwise arising from any action or proceeding brought with respect of the foregoing, all of which are hereby assigned to Mortgagee, who, upon the occurrence of an Event of Default, is authorized to collect and receive the same, to give receipts and acquittances therefor and to apply the same to the PremisesSecured Obligations, Improvements whether or Equipment not then due and to commence any action or proceeding to protect payable;
(N) TOGETHER WITH Proceeds of the foregoing property described in sub-clauses (A) through (M), inclusive;
(O) TOGETHER WITH, all of the interest of Beneficiary REG Lessee in and to the REG Lease as lessee of the Land thereunder, together with all of the leasehold interest of REG Lessee in the PremisesLand pursuant to the REG Lease, Improvements or Equipmentany greater interest therein that REG Lessee now owns; and
(iP) all proceeds of each TOGETHER WITH Mortgagor’s rights further to assign, sell, lease, encumber or otherwise transfer or dispose of the foregoingproperty described in sub-clauses (A) through (N) inclusive, above, for debt or otherwise. TO HAVE AND TO HOLD the above granted and described Secured Property unto TrusteeMortgagor, for itself and its successors and assigns, forevercovenants and agrees to and with Mortgagee that, at the time or times of the execution of and delivery of these presents or any instrument of further assurance with respect thereto, Mortgagor has good right, full power and lawful authority to assign, grant, convey, pledge, release, hypothecate, warrant, bargain or mortgage its interests in the Mortgaged Property in the manner and form as aforesaid, and that the Mortgaged Property is free and clear of all Liens and Revel AC - 2011 First Lien Mortgage encumbrances whatsoever, except Permitted Liens, and Mortgagor shall warrant and forever defend the above bargained property in the quiet and peaceable possession of Mortgagee and its successors and assigns against all and every person or persons lawfully or otherwise claiming or to claim the whole or any part thereof, except for Permitted Liens. Mortgagor agrees that any greater title to the Mortgaged Property hereafter acquired by Mortgagor during the term hereof shall be automatically subject hereto.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably mortgages, conveywarrants, mortgagegrants, transfer, bargain, and assign to Trustee, and successors conveys and assigns of Trustee, in trust for the benefit of Beneficiaryto Mortgagee, with power of sale and the right of entry and possession, all of TrustorMortgagor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections interest in: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the all real property located in ____________ County, ______________, and described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises"“Land”);
; (b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water way and rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation and occupancy as a means of access to any portion of the Premises or Improvements Land; (c) all tenements, hereditaments and appurtenances thereof and thereto; (d) all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor Mortgagor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land adjacent to or used in connection with the Equipment which may be subject to any security agreements Land; (as defined in e) all buildings, improvements and landscaping now or hereafter erected or located on the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
Land; (f) all awards fixtures, machinery, equipment and other articles of real, personal or paymentsmixed property now owned or hereafter acquired by Mortgagor and attached to, including interest situated or installed in or upon, or used in the operation or maintenance of, the Land or any buildings or improvements situated thereon, and the right to receive the samewhether or not such real, which may personal or mixed property is or shall be made with respect affixed to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
Land; (g) all proceeds building materials, building machinery and building equipment now owned or hereafter acquired by Mortgagor and delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon; (h) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any unearned premiums on options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (i) all contract rights, accounts receivable and general intangibles now owned or hereafter acquired by Mortgagor relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits now owned or hereafter acquired by Mortgagor; all maps, plans, surveys and specifications now owned or hereafter acquired by Mortgagor; all warranties and guaranties now owned or hereafter acquired by Mortgagor; all permits, licenses and approvals now owned or hereafter acquired by Mortgagor; and all insurance policies covering now owned or hereafter acquired by Mortgagor; (j) all development rights, governmental or quasi-governmental licenses, permits or approvals, zoning rights and other similar rights or interests which relate to the Premisesdevelopment, Improvements use or Equipment operation of, or that benefit or are appurtenant to, the Land; (regardless of whether such proceeds k) all mineral rights, oil and gas rights, air rights, water or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)water rights, including, including without limitation, the right to receive all well▇, ▇▇nals, ditches and apply the proceeds reservoirs of any insurancenature and all rights thereto, judgmentsappurtenant to or associated with the Land, whether decreed or settlements undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any such rights; and (l) all interest or estate which Mortgagor now has or may hereafter acquire in the Land and all additions and accretions thereto, and all awards or payments made for the taking of all or any portion of the Land by eminent domain or any proceeding or purchase in lieu thereof, for or any damage to any portion of said real property (collectively, the Premises, Improvements “Subject Property”). The listing of specific rights or Equipment;
(h) the right, in the name and on behalf property shall not be interpreted as a limitation of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forevergeneral terms.
Appears in 1 contract
Grant. For and in consideration of the purposes Loan and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and upon the terms intending to be legally bound, Borrower has granted, conveyed, bargained, sold, aliened, enfeoffed, released and conditions in this ----- Deed of Trustconfirmed, Trustor and by these presents does hereby mortgage, grant, convey, mortgage, transfer, bargain, sell, alien, enfeoff, release and assign to Trusteeconfirm unto Lender, WITH POWER OF SALE, that certain real property, commonly known as: Northland Plaza Bloomington, Hennepin County Minnesota as more particularly described in Exhibit A attached hereto and made a part hereof, and successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's the rights, title, benefits and entitlements including any leasehold, subleasehold, or ground lease interest in, and any option to purchase such real property ("Land"). TOGETHER WITH all right, title and interestinterest of Borrower, whether now owned or hereafter acquired, in or and to any and all of the following propertytenements, rights hereditaments and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
(b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law appurtenances belonging or in equity, in possession or expectancy, in and any way appertaining to the Premises and the Improvements or any part thereof;
(d) all easementsLand, rights-of-way, gores of land, streets, ways, alleys, passagesincluding: utilities, sewer rights, waters, water courses, water rights and powers, and all estatess▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇, alleys, rights of way, or passages, easements; vaults, strips or gores, air rights, titlesparking areas, interestsparking rights and agreements, privilegescommon areas, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating public places; other facilities (public or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenueprivate, opened or proposed, in front of ) located adjacent to or adjoining the Premises Land; leasehold estates; covenants now existing or hereafter created for the benefit of the Land or for the benefit of Borrower or any subsequent owner or tenant of the Land; development agreements, reciprocal rights agreements and all other rights, liberties and privileges of any kind or character existing for the benefit of the Land or any part thereof, and any after-acquired title or reversion in and to any of the center line thereof;
same; and all rights to enforce the maintenance thereof (e) "Appurtenances"); TOGETHER WITH all machineryright, apparatustitle and interest of Borrower in and to any and all buildings, site improvements, landscaping and other improvements now or hereafter erected on the Land, and the fixtures, attachments, appliances, equipment, fittingsmachinery, and other articles attached to said buildings and improvements ("Improvements") (the Land, Appurtenances and Improvements are collectively referred to as the "Real Property"); TOGETHER WITH all right, title and interest of Borrower in and to all leasehold estates, space leases, ground leases, tenancies, subleases, licenses, concessions, franchises or other occupancy agreements, and all amendments to and extensions of, any of the same, now existing or hereafter entered into, and all rights, and interests of Borrower in any guaranty of a tenant's obligations, all cash or security deposits, advance rentals, and other deposits or payments, income, issues and profits, and all other rights under existing and future leases and other tenancies of the said Real Property or Improvements or any portion thereof ("Leases"); TOGETHER WITH all right, title and interest of Borrower in and to all existing and future rents, issues, profits, royalties, income, reimbursements, reversions, remainders, security deposits, all other deposits, and all other benefits derived from the Real Property ("Rents" or "Rent"); TOGETHER WITH all right, title and interest of Borrower in and to all materials intended for construction, reconstruction, alteration and repair of the Improvements ("Construction and Repair Materials") all of which materials shall be deemed to be included within the Collateral; TOGETHER WITH all right, title and interest of Borrower in and to all goods, inventory, equipment, machinery, furniture, fixtures and other articles of tangible personal property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interestnature, now or hereafter located upon in, on or about the Premises or ImprovementsReal Property, or appurtenances thereto, and used or usable in connection with the present or future operation and occupancy of the Premises Real Property, whether or not the same are or will be attached to said Real Property in any manner, including all elements of landscaping; all elements of the exterior and interior decor of the Improvements (including works of art); all goods; tools, machinery; equipment; apparatus; fittings; motors; radiators; fans; blowers; exterior awnings; draperies and drapery rods, brackets and associated hardware, interior awnings, venetian blinds, curtains; shades and other window coverings; screens; storm windows and doors; wall safes; rugs, carpeting and other floor coverings; air conditioners; window and structural cleaning rigs; entertainment and recreational equipment and accessories (including exercise equipment and accessories); stoves; refrigerators and refrigeration systems; dishwashers; freezers; disposal units; range hoods; appliances and cooking, preparation and serving equipment of every nature; all laundry equipment; signs and all building signage systems; all heating, ventilating and air conditioning equipment; all power and lighting fixtures and equipment, materials including chandeliers and supplies lamps; all fire prevention and extinguishing equipment; all plumbing, incinerating, and sprinkler equipment and fixtures; all elevators and escalators; all communication and electronic monitoring equipment (including all types of any nature whatsoever owned by Trustoralarm systems); all items of indoor or outdoor furniture and other furnishings; parking ticket dispensing and validation equipment; cash registers; time clocks; equipment used in connection with maintenance, exclusion of vermin or insects, and removal of dust, refuse or garbage; maintenance, janitorial and other supplies; Borrower's books and records with respect to the Property; meaning hereby to include all property used or useful in the operation, maintenance and protection of the Property and all renewals or replacements thereof or articles in substitution therefor, including insurance proceeds and, furthermore, intending to include equipment and facilities of all kinds which Trustor has or shall have an interestconstitute fixtures under Laws of the State as the same may be amended, now or hereafter located upon the Premises or Improvements and all replacements and substitutions therefor (collectively, the "EquipmentFF&E"), and the ; TOGETHER WITH all right, title and interest of Trustor Borrower in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(fi) all awards or payments, including interest thereonpolicies of insurance, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise all rights of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of owner and any unearned premiums on any insurance insured under those policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to assign ownership, the right to designate the insured, the right to receive refunds of premiums in the event of overpayment or cancellation, and the right to demand, collect, receive and apply the give receipt for all proceeds of every nature; (ii) all policies of insurance provided by any insurancetenant in connection with such tenant's occupancy of premises at the Property; (iii) except as otherwise specifically set forth herein or in any of the other Loan Documents, judgmentsall insurance payments and proceeds heretofore paid and hereafter to be paid by reason of any loss of income from the Real Property, including, but not limited to, any use or settlements made occupancy loss, business interruption or interruption of rental payments under any lease, prepaid premiums or unearned premiums, accrued or accruing; (iv) all compensation or other payments accruing for the benefit of Borrower or the Property under any casualty or title insurance policy; (v) all proceeds and payments received or receivable from any third party as a result of any casualty or damage to the Property; (vi) all proceeds of the sale or disposition of the Property or the conversion, voluntary or involuntary, of any of the Property into cash or liquidated claims; and (vii) all awards, compensation, damages, rights of action and other payments or relief accruing for the benefit of Borrower or the Property from any Governmental Authority for any reason, including by way of example, but not limitation, Condemnation, eminent domain, awards resulting from a change of grade of streets, severance damages of the whole or any part of the Real Property, and, with respect to all of the foregoing, by any proceeding or purchase in lieu thereof, together with any consequential damages resulting therefrom ("Proceeds"); TOGETHER WITH all right, title and interest of Borrower in and to all licenses, franchises, certifications, authorizations, approvals and permits of every nature that are useful in any way in the operation of the Real Property and the Improvements, issued or approved by any Governmental Authority or other person, including, without implied limitation, certificates of occupancy, occupancy permits, building permits, sign permits, environmental permits, elevator permits, machinery permits, business licenses, ingress and egress permits, all amounts paid for the use and occupancy of the Real Property herein described, governmental awards, credits, refunds, rebates, zoning credits, refunds are rebates under environmental laws, impact fee credits, and all proceeds thereof ("Permits"); TOGETHER WITH all right, title and interest of Borrower in and to all claims and causes of action which may now or hereafter exist on account of physical damage to the Premises, Real Property or the Improvements or Equipment;
injury to business operations, or otherwise, such causes of action that relate to the use, operation, maintenance, occupancy or enjoyment of the Real Property or Improvements, together with the right to bring suit upon any such claim, to effect settlements, and to collect the proceeds, including any consequential damages, resulting therefrom ("Claims"); TOGETHER WITH all right, title and interest of Borrower in and to: (a) any tenants in common agreement, including, but not limited to, any rights of first refusal or purchase options of interests in Borrower or the Property; (b) contracts, subcontracts, payment and performance bonds; (c) service, maintenance, operating, repair and other contract rights and commitments; (d) licenses, permits, designs, surveys, plans and specifications; (e) management, and other agreements now or hereafter existing; (f) equipment leases, conditional sale contracts and all rights and options of Borrower thereunder, including, without implied limitation, the right to renew or extend the term of any such contract or to purchase the leased equipment; and (g) guaranties and warranties and other assurances of performance; (h) agreements with contractors, materialmen, laborers, managers and other persons providing for the construction, renovation or installation of all or portions of the Improvements, together with all payment and/or performance bonds, insurance policies, certificates and other assurances relating thereto; (i) agreements with architects and engineers for design and supervision services; (j) agreements with all other contractors, engineers, architects, property managers, brokers, professionals and consultants entered into by Borrower or any predecessor in title to Borrower relating to the Real Property or the Improvements; (k) utility contracts; (l) the right, at Lender's election, to assume any contracts for the sale or financing of the Real Property; and (m) all modifications and amendments and replacements of all of the above ("Contracts"); TOGETHER WITH all right, title and interest of Borrower in and to: all deposit accounts; security and other deposits (including tenants' security deposits); utility security deposit accounts and other accounts established as security for the fulfillment of any obligation of Borrower or affiliate of Borrower in connection with the Real Property; funds (including funds received for the use of parking spaces); instruments; accounts receivable; documents and general intangibles arising out of or used in connection with the operation of the Property; and all notes and chattel paper arising from or by virtue of any transaction related to the Property, and in and to all reserve or escrow funds or accounts now or hereafter established pursuant to the Loan Documents ("Accounts"); TOGETHER WITH all right, title and interest of Borrower in and to: (a) all trade names, royalties, trademarks, servicemarks, logos, copyrights, goodwill, books and records, and all other general intangibles specific to or used in connection with the operation of the Property to the extent the same does not include the name or trademark of any tenant at the Real Property, and all right, title and interest of Borrower in and to all refunds, rebates or credits in connection with a reduction in, abatement or deferral of or other agreement changing any Impositions; (b) guaranties and warranties; and (c) all intangible personal property used or useable in the name construction, renovation, ownership, management, marketing or operation of the Real Property and on behalf improvements herein described or any part thereof and all replacements, additions or accessions thereto, including without implied limitation, Borrower's right, title and interest in all goodwill, logos, designs, trade names, trademarks, service marks, copyrights, marketing and advertising materials, books and records and general intangibles (in all record formats, paper and electronic), option rights, licenses, purchase contracts, financing contracts, accounts, contract rights, instruments, chattel paper and other rights of TrustorBorrower for payment of money for property sold or lent, for services rendered, for money lent or for advances or deposits made, and any other intangible property of Borrower related to appear the Real Property or the Improvements ("Intangibles"); TOGETHER WITH all right, title and interest of Borrower in and defend to surveys, plans, specifications, designs, drawings, and materials prepared for any action construction on the Real Property ("Plans"); TOGETHER WITH all right, title and interest of Borrower in and to all water and water rights (whether riparian, appropriative, or proceeding brought with respect otherwise and whether or not appurtenant), pumps and pumping stations used in connection therewith and all shares of stock or permits evidencing the same ("Water Rights"); TOGETHER WITH all right, title and interest of Borrower in and to all oil, gas, mineral rights and all other rights and interests of every nature related thereto now or hereafter appurtenant to the Premisessaid Real Property ("Mineral Rights"); The Construction and Repair Materials, Improvements or Equipment FF&E, Proceeds, Permits, Claims, Contracts, Accounts, Intangibles, Plans, Water Rights, Mineral Rights, Subsurface Rights, together with all right, title and interest of Borrower in and to commence all proceeds, products, replacements, additions, substitutions, renewals and accessions of and to any action or proceeding such items are collectively referred to protect as the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each "Personal Property." All of the foregoing. TO HAVE AND TO HOLD the above granted mentioned Real Property, Leases, Rents and described Secured Property unto TrusteePersonal Property, and its successors the balance of the entire estate, property and assigns, foreverinterest hereby conveyed for the benefit of Lender are collectively referred to as the "Property." FOR THE PURPOSE OF SECURING:
Appears in 1 contract
Grant. For URI, INC., a corporation (herein called “Grantor”), for and in consideration of the purposes sum of One Hundred Dollars ($100.00) to Grantor in hand paid, and upon in order to secure the terms payment of the secured indebtedness hereinafter referred to and conditions in this ----- Deed the performance of Trustthe obligations, Trustor covenants, agreements, warranties and undertakings of Grantor hereinafter described, does hereby grantGRANT, conveyBARGAIN, mortgageSELL, transferCONVEY, bargainTRANSFER, ASSIGN AND SET OVER to , Trustee (the “Trustee”), and assign grant to Trustee, Trustee a POWER OF SALE (pursuant to this Instrument and successors and assigns of Trustee, in trust for the benefit of Beneficiary, applicable law) with power of sale and right of entry and possession, respect to all of Trustor's Grantor’s right, title and interest, whether now owned or hereafter acquired, interest in or and to all of the following propertydescribed properties, rights rights, and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as collectively, the "Secured Property"“Collateral”):
(a) the All lands and real property, including all leasehold, option rights, mineral interests, unpatented mining claims (lode and placer), unpatented millsites, tunnel sites and rights, amended claims, relocated claims, leases and subleases (howsoever named or characterized), licenses of use, exploration agreements, joint venture agreements, royalties, net profits interests, production payments, net smelter return royalties and other real property interests (whether surface, underground, mineral, or other), as more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (collectively, the "Premises"“Lands”), including any extensions or renewals thereof;
(b) all buildings All buildings, structures, ▇▇▇▇▇, crushers, facilities, offices, shops, tanks, pipelines, replacements, furnishings, fixtures, fittings and other improvements and property of every kind and character now or hereafter located or erected on the Premises Lands, together with all building or construction materials, equipment, appliances, machinery, plant equipment, fittings, apparati, fixtures and other articles of any kind or nature whatsoever now or hereafter found on, affixed to or attached to the Lands, including (without limitation) all motors, boilers, engines and devices for the "operation of pumps, and all heating, electrical, lighting, power, plumbing, air conditioning, refrigeration and ventilation equipment (collectively, the “Improvements"”);
(c) All processed and unprocessed metallic and nonmetallic ore, including uranium and uranium ore minerals, and all other locatable minerals located in, or under all or any part of the Lands or otherwise produced therefrom (“Ore”), including “As-Extracted Collateral” as defined in TEX. BUS. & COM. CODE § 9.102(6) of the Texas Uniform Commercial Code (the “UCC”), all whether in-place, extracted, produced, processed, stored or otherwise severed (collectively, the “Minerals”), and all liens and security interests securing payment of the proceeds of the Minerals, including those liens and security interests provided for under (i) statutes enacted in the jurisdictions in which the Lands are located, or (ii) statutes made applicable to the Lands under federal law (or some combination of federal and state law);
(d) All water, water rights (whether vested, certificated, permitted or otherwise, whether or not adjudicated, and whether or not with a place of use or point of diversion on the Lands), water right applications, reservoirs and reservoir rights, ditches and ditch rights, irrigation systems and irrigation rights, ▇▇▇▇▇, well permits and other rights of use appertaining or belonging to or used in connection with the Lands and all ▇▇▇▇▇, pumps, pumping stations, machinery and equipment associated therewith, and all shares of stock or similar interest (if any) evidencing reservoir, ditch, irrigation or other water rights or rights of use (collectively, the “Water Rights”);
(e) All rights of way, easements, licenses, profits, privileges, tenements, hereditaments, appurtenances, roads, trails, transportation improvements, and other access rights or rights of use appertaining or belonging to or used in connection with the Lands, the Water Rights and/or the Improvements (collectively, the “Access Rights”);
(f) All approvals, authorizations, licenses, permits, consents, variances, land use entitlements, applications, plans, bonds, filings or registrations by, with or from any governmental authority (federal, state or local) or other person associated with or necessary for the use or development of all or any portion of the Lands, Minerals, Improvements, Water Rights or Access Rights and all bonds, letters of credit and other financial accommodations that secure the performance of the foregoing (collectively, the “Permits”);
(g) All accounts, accounts receivable, contracts and contract rights, option and purchase rights, agreements, documents, instruments, income, receipts, revenues, earnings, rents, profits, deposits, security deposits, royalties and revenue arising from the use or enjoyment of all or any portion of the Lands, the Improvements or other Collateral, from the production, crushing, milling, treatment, storage, marketing, hedging, sale or transfer of all or any portion of the Minerals and from the use, sale, assignment, conveyance or transfer of all or any portion of any other Collateral (collectively, the “Accounts”);
(h) All records, data, reports and information relating to or associated with all or any portion of the Lands, the Minerals or the Water Rights, including maps, surveys, drilling data, drill logs, core samples and core data, technical, engineering and permitting information and reports, and all geological, metallurgical, geophysical, geochemical and analytical data and reports;
(i) All goods, machinery, equipment, drilling rigs and equipment, facilities, parts, supplies, power lines, tools, vehicles, rolling stock, furnishings, apparatus, inventory, fixtures and other personal property of every kind and nature, howsoever defined and whether or not attached or affixed in any manner to any building, structure or Improvement on the Lands (collectively, the “Personal Property”);
(j) All goodwill, trademarks, trade names, option rights, purchase contracts, contract rights, books and records and general intangibles of the Grantor relating to the Lands, and all accounts, contract rights, instruments, chattel paper and other rights of the Grantor for payment of money for property sold or lent, for services rendered, for money lent, or for advances or deposits made, all building permits, governmental permits, licenses and authorizations related to the Lands, any other agreements now or in the future existing respecting the management and operations performed on the Lands, all amendments or modifications to any of the foregoing, and any other management agreements, leasing agreements and any maintenance and service contracts, and any other intangible property of the Grantor related to the Lands;
(k) All contracts, if any, now in effect or hereafter entered into by the Grantor, for the sale, purchase, exchange, supply, handling, processing, refining, beneficiation and/or transportation of Ore produced from all or any part of the Lands or from any other lands any production from which, or profits or proceeds from such production, is attributable to any interest in the Lands (the “Contracts”), including, without limitation, those Contracts described on Exhibit B attached hereto;
(l) All refunds, rebates, reimbursements, reserves, deferred payments, deposits, cost savings, governmental subsidy payments, governmentally-registered credits (such as emissions reduction credits) and payments of any kind due from or payable by (i) any federal, state, municipal or other governmental or quasi-governmental agency, authority or district (a “Governmental Agency”) or (ii) any insurance or utility company relating to any or all of the estateLands;
(m) All refunds, rightrebates, title, claim or demand reimbursements and payments of any nature whatsoever of Trustorkind due from or payable by any Governmental Agency for any taxes, either in law assessments, or in equity, in possession governmental or expectancy, in and quasi-governmental charges or levies imposed upon Grantor with respect to the Premises and the Improvements Collateral or any part thereof;
(dn) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable All rights of any nature whatsoever now or hereafter appurtenant the Grantor to the Premises or now or hereafter transferred to the Premises) plans and all land lying in the bed of any streetspecifications, road or avenuedesigns, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures drawings and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or matters prepared for any other injury to construction or decrease improvements in or on the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or EquipmentLands; and
(io) all proceeds All of each Grantor’s rights, estates, powers and privileges appurtenant to any of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property Collateral unto Trustee, and its successors or substitutes, IN TRUST, for the benefit of Resource Capital Fund V L.P. (“Beneficiary”), upon the terms, provisions and assignsconditions herein set forth. Grantor will warrant and defend title to the Property (as hereinafter defined), foreverfree and clear of all liens, security interests, and encumbrances except for Permitted Liens (as defined in the Loan Agreement referred to below) against the claims and demands of all persons claiming or to claim the same or any part thereof.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably mortgages, conveygrants, mortgagebargains, transfersells, bargainconveys, transfers, pledges, sets over and assigns, and assign grants a security interest to TrusteeMortgagee, and its successors and assigns of Trustee, in trust for the benefit of Beneficiaryassign, with power of sale and right of entry and possession, all of TrustorMortgagor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):following:
(a) the That real property ("Land") located in Bradenton, county of Manatee, state of Florida, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises")hereto;
(b) All appurtenances, easements, rights of way, water and water rights, pumps, pipes, flumes and ditches and ditch rights, water stock, ditch and/or reservoir stock or interests, royalties, development rights and credits, air rights, minerals, oil rights, all buildings sewer capacity rights, and gas rights, now or later used or useful in connection with, appurtenant to or related to the Land;
(c) All buildings, structures, facilities, other improvements and fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereofLand;
(d) all easementsAll apparatus, rights-of-wayequipment, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights machinery and powers, appliances and all estatesaccessions thereto and renewals and replacements thereof and substitutions therefor used in the operation or occupancy of the Land, rightsit being intended by the parties that all such items shall be conclusively considered to be a part of the Land, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating whether or pertaining not attached or affixed to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereofLand;
(e) All land lying in the right-of-way of any street, road, avenue, alley or right-of-way opened, proposed or vacated, and all machinerysidewalks, apparatus, equipment, fittings, fixtures strips and other property gores of every kind and nature whatsoever owned by Trustor, land adjacent to or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation Land;
(f) All additions and occupancy of accretions to the Premises or Improvements property described above;
(g) All licenses, authorizations, certificates, variances, consents, approvals and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, other permits now or hereafter located upon pertaining to the Premises or Improvements (collectivelyLand and all estate, the "Equipment"), and the right, title and interest of Trustor in and Mortgagor in, to, under or derived from all tradenames or business names relating to any the Land or the present or future development, construction, operation or use of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;Land; and
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all All proceeds of each any of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 1 contract
Sources: Modification Agreement (Manufactured Home Communities Inc)
Grant. For To secure repayment of the purposes indebtedness evidenced by the Note and payment and performance of and upon the terms and conditions in this ----- Deed of Trustall other Secured Obligations, Trustor does hereby grantirrevocably and unconditionally grants, conveybargains, mortgage, transfer, bargainsells, and assign conveys to Trustee, and successors and assigns of Trusteein trust, in trust for the benefit of Beneficiary, with power of sale WITH POWER OF SALE and right of entry and possession, all of Trustor's ’s estate, right, title and interestinterest in and to the following, wherever located, whether now owned or hereafter acquiredacquired or arising, in and, except as indicated, whether constituting real estate or to all of personal property (collectively, the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured “Property"”):
(a) the real property estate and any interest in the real estate located in San Bernardino County, California, and described in Exhibit EXHIBIT A attached hereto and --------- incorporated herein by reference (the "Premises"“Land”);. The Land or its address is commonly known as Three Carnegie Plaza, at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Drive, San Bernardino, California, and San Bernardino County Assessor Parcel Number ▇▇▇-▇▇▇-▇▇.
(b) all buildings buildings, structures, improvements, fixtures, attachments, appliances, equipment, machinery and improvements other articles now or hereafter erected on, affixed or attached to, or located in or on the Premises Land (the "“Improvements"”);
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water way and rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises Land or now used in connection with the Land or hereafter transferred as a means of access thereto (“Easements”);
(d) all water rights, whether as a result of overlying groundwater rights, contractual rights, or otherwise and whether riparian, appropriative, or otherwise; the right to remove or extract any such ground water including any permits, rights or licenses granted by any governmental authority and any rights granted or created by any easement, covenant, agreement or contract with any person, any private water company, mutual water company, or other non-governmental entity pursuant to which Trustor or the Premises) and all land lying in the bed of any streetProperty may receive water (collectively, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof“Water Rights”);
(e) all machineryother tenements, apparatus, equipment, fittings, fixtures hereditaments and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of TrustLand;
(f) all awards or minerals, oil, gas, and other hydrocarbon substances, minerals, mineral interests, royalties, overriding royalties, production payments, including interest thereonnet profit interests and other interests and other interests and estates in, under and on the right to receive the sameLand and other oil, gas and mineral interests with which may be made with respect to the Premises or Improvements whether from the exercise any of the right of eminent domain foregoing interests or estates are pooled or unitized (including any transfer made in lieu of the exercise of said right“Mineral Rights”), or for any other injury to or decrease in the value of the Premises or Improvements;
; (g) all proceeds of leases, subleases, licenses, rental agreements, occupancy agreements, concessions and any unearned premiums on any insurance policies covering other agreements, granting a possessory interest in and to the Premises, Improvements Property or Equipment use the Property (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitationcollectively, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment“Leases”);
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 1 contract
Grant. For the purposes of and upon Upon the terms and conditions in this Mortgage, Mortgagor ----- Deed of Trustirrevocably grants, Trustor does hereby grantbargains, conveysells, mortgageconveys, transferassigns, bargainmortgages and warrants to Mortgagee, and assign to Trustee, and its successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possessionassigns, all of TrustorMortgagor's right, title and interestinterest in all of the real property located in the City of Joliet, County of Will, State of Illinois described on Exhibit A attached hereto and made a part --------- hereof (the "Land"), together with and including, without limitation:
(a) all right, title and interest of ▇▇▇▇▇▇▇▇▇ whether now owned or hereafter acquired, in or to any real property lying within the right of way of any street, open or proposed, which adjoins any of said Land and any and all sidewalks, bridges, elevated walkways, tunnels, alleys, strips and gores of the following propertyreal property adjacent to, rights and interests listed connecting or used in subsections connection with any of said Land (a) through (i) below (hereinafter collectively referred to as collectively, the "Secured Adjacent Property"):
(a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
(b) all buildings buildings, structures and all other improvements and fixtures that are, or that may be hereafter erected or placed on, or in, the Land and all right, title and interest of Mortgagor which is now owned or hereafter located on acquired, in or to, all buildings, structures and all other improvements and fixtures that are, or that may be hereafter, erected or placed on, or in, any of the Premises Adjacent Property (collectively, the "Improvements");
(c) the Vessels (which are defined by Article 4 below), to the extent that such Vessels are deemed to constitute real property under applicable law (to such extent, collectively referred to herein as, the "Vessel Real Property Interests");
(d) all right, title and interest of ▇▇▇▇▇▇▇▇▇, whether now owned or hereafter acquired in and to all of the present and future accretions, alluvions, avulsions, batture and other riparian rights in, to, and with respect to, the Des Plaines River (collectively, the "Riparian Rights");
(e) all water rights and conditional water rights that are now, or may hereafter be, appurtenant to, used in connection with or intended for use in connection with the Land, the Adjacent Property, the Improvements, the Vessels and/or the Riparian Rights including, without limitation: (i) ditch, well, pipeline, spring and reservoir rights, whether or not adjudicated or evidenced by any well or other permit; (ii) all rights with respect to groundwater underlying the Land or the Adjacent Property; (iii) any permit to construct any water well, water from which is intended to be used in connection with the Land, the Adjacent Property or the Vessels; and (iv) all of Mortgagor's right, title and interest under any decreed or pending plan of augmentation or water exchange plan (collectively, the "Water Rights", and together with the Land, the Adjacent Property, the Improvements, the Vessel Real Property Interests and the Riparian Rights, the "Real Estate");
(f) all right, title and interest of Mortgagor in, and under, all leases, subleases, licenses, concessions, franchises and other use or occupancy agreements now or hereafter relating to any of the Real Estate and all renewals, extensions, amendments, restatements and other modifications thereof (collectively, the "Real Property Leases") subject, however, to the absolute assignment given to Mortgagee in Article 3 hereof entitled Assignment of Leases and Payments, and to which Article this grant to Mortgagee is subject and subordinate;
(g) all present and future rents, issues, products, earnings, revenues, payments, profits, royalties and other proceeds and income of the Real Estate, and of any activities conducted thereon or in connection therewith, regardless of whether such proceeds or income accrue by virtue of the Real Property Leases, or otherwise (collectively, the "Rents") subject, however, to the absolute assignment given to Mortgagee in Article 3 hereof entitled Assignment of Leases and Payments, and to which Article this grant to Mortgagor is subject and subordinate; and
(h) all and singular the tenements, easements, hereditaments and appurtenances now, or hereafter, belonging to or in any wise appertaining to the Real Estate and/or the Rents and the reversion and reversions, remainder and remainders thereof and all the estate, right, title, interest or other claim which Mortgagor now has or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancyhereafter may acquire of, in and to the Premises and Real Estate, the Improvements or Real Property Leases, the Rents and/or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements appurtenances thereto (collectively, the "EquipmentOther Interests"). The Real Estate, the Real Property Leases, the Rents and the right, title and interest of Trustor in and Other Interests are hereinafter collectively referred to any of as the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing"Real Property". TO HAVE AND TO HOLD the above granted Real Property, properties, rights and described Secured Property privileges hereby conveyed or assigned, or intended so to be, unto TrusteeMortgagee, and its successors and assigns, foreverin fee simple forever for the uses and purposes herein set forth subject only to the ECJC Permitted Encumbrances (as defined in the Credit Agreement).
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor hereby has bargained, sold, given, granted and conveyed and does hereby grant, convey, mortgage, transfer, by these presents bargain, sell, give, grant and assign convey to Trustee, and his heirs, successors and assigns of Trusteeassigns, in trust trust, WITH POWER OF SALE for the benefit of Beneficiary, with power of sale all privileges and right of entry appurtenances thereto belonging, to Beneficiary, his heirs, successors and possessionassigns, forever upon the trusts, terms and conditions and for the uses hereinafter set forth, all of Trustor's estate, right, title and interestinterest which Trustor now has or may hereafter acquire in, whether now owned to, under, or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections following: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the that real property (“Land”) located in Greensboro, county of Guilford, North Carolina, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
this reference; (b) all buildings buildings, improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
Land; and (c) all of the estateadditions, rightaccretions, titlerents, claim or demand of any nature whatsoever of Trustorissues, either in law or in equityprofits, in possession or expectancyroyalties, in and to the Premises and the Improvements or any part thereof;
(d) all appurtenances, easements, rights-of-waywater, gores of land, streets, ways, alleys, passages, sewer water rights, waterswater stock, water coursesminerals, water rights and powers, and all estates, oil rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development gas rights, air rights or similar or comparable and other rights of any nature whatsoever now or hereafter appurtenant or related to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy Land. All of the Premises foregoing property is hereinafter collectively defined as the “Property.” The listing of specific rights or Improvements and all building equipment, materials and supplies property shall not be interpreted as a limitation of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoinggeneral terms. TO HAVE AND TO HOLD the above granted Property and described Secured Property all the estate, right, title and interest in law and in equity, of Trustor in and to the Property, unto Trustee, and its successors and assignsassigns in fee simple forever, forever.upon the trusts, terms and conditions, and for the uses hereinafter set forth. DEED OF TRUST (NORTH CAROLINA) ▇▇▇▇▇ Fargo/▇▇▇▇ Properties/Cracker Barrel Loan ▇▇. ▇▇-▇▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇. ▇▇▇
Appears in 1 contract
Sources: Deed of Trust (Cole Credit Property Trust III, Inc.)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grantIRREVOCABLY GRANTS, conveyCONVEYS AND ASSIGNS TO TRUSTEE, mortgageIN TRUST FOR THE BENEFIT OF BENEFICIARY, transfer, bargain, and assign to Trustee, and successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possessionWITH POWER OF SALE AND RIGHT OF ENTRY AND POSSESSION, all of Trustor's that real property located in the City of ▇▇▇▇▇, County of Salt Lake, State of Utah, described on Exhibit A attached hereto (“Land”), together with all right, title and title, interest, whether now owned or hereafter acquired, and privileges of Trustor in or and to all of streets, ways, roads, and alleys used in connection with or pertaining to such real property and any improvements thereon, all development rights or credits, air rights, water, water rights and water stock related to the following real property, all timber, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the real property, and all licenses, appurtenances, reversions, remainders, easements, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred rights of way appurtenant or related thereto; any and all rights of Trustor, as a declarant, under any covenants, conditions, and restrictions now or hereafter pertaining to as the "Secured Property"):
(a) the real property described in on Exhibit A attached hereto A, hereto, provided, however, that Beneficiary shall have no liability under such covenants, conditions, and --------- incorporated herein by reference (restrictions unless and until Beneficiary forecloses on the "Premises");
(b) real property; all buildings buildings, other improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estatereal property, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitationbut not limited to, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, appliances used in the operation or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or Improvements not attached or affixed to the real property (the “Improvements”); all interest or estate which Trustor may hereafter acquire in the property described above, and all building equipment, materials additions and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment")accretions thereto, and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing; (all of the foregoing being collectively referred to as the “Subject Property”). TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, foreverThe listing of specific rights or property shall not be interpreted as a limit of general terms.
Appears in 1 contract
Sources: Deed of Trust (KBS Real Estate Investment Trust, Inc.)
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor does hereby grantirrevocably grants, conveybargains, mortgagesells, transfer, bargain, and assign to Trustee, and successors conveys and assigns of to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's estate, right, title and interestinterest which Trustor now has or may hereafter acquire in, whether now owned to, under or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):following:
(a) the a. That real property ("Land") located in Las Vegas, county of ▇▇▇▇▇, state of Nevada, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises")hereto;
(b) all buildings b. All appurtenances, easements, rights of way, water and water rights, pumps, pipes, flumes and ditches and ditch rights, water stock, ditch and/or reservoir stock or interests, royalties, development rights and credits, air rights, minerals, oil rights, and gas rights, now or later used or useful in connection with, appurtenant to or related to the Land;
c. All buildings, structures, facilities, other improvements and fixtures now or hereafter located on the Premises (the "Improvements")Land;
(c) d. All apparatus, equipment, machinery and appliances and all accessions thereto and renewals and replacements thereof and substitutions therefor used in the operation or occupancy of the estateLand, rightit being intended by the parties that all such items shall be conclusively considered to be a part of the Land, title, claim whether or demand of any nature whatsoever of Trustor, either in law not attached or in equity, in possession or expectancy, in and affixed to the Premises and the Improvements or any part thereofLand;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all e. All land lying in the bed right-of-way of any street, road or road, avenue, opened alley or proposedright-of-way opened, in front proposed or vacated, and all sidewalks, strips and gores of land adjacent to or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation Land;
f. All additions and occupancy of accretions to the Premises or Improvements property described above;
g. All licenses, authorizations, certificates, variances, consents, approvals and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, other permits now or hereafter located upon pertaining to the Premises or Improvements (collectivelyLand and all estate, the "Equipment"), and the right, title and interest of Trustor in and in, to, under or derived from all tradenames or business names relating to the Land or the present or future development, construction, operation or use of the Land; and
h. All proceeds of any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 1 contract
Sources: Modification Agreement (Manufactured Home Communities Inc)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grantirrevocably grants, convey, mortgage, transfer, bargain, and assign to Trustee, and successors conveys and assigns of to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of . Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections interest in: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the all real property located in Los Angeles County, California, and described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
hereto; (b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water way and rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation as a means of access to any portion of said real property; (c) all tenements, hereditaments and occupancy of the Premises or Improvements appurtenances thereof and thereto; (d) all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of the Equipment which may be subject any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land adjacent to any security agreements or used in connection with said real property; (as defined in the Uniform Commercial Code of the State in which the Premises are located)e) all buildings, superior in lien to the lien of this Deed of Trust;
improvements and landscaping now or hereafter erected or located on said real property: (f) all awards development rights, governmental or paymentsquasi-governmental licenses, including interest thereonpermits or approvals, zoning rights and the right to receive the same, other similar rights or interests which may be made with respect relate to the Premises development, use or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right)operation of, or for any other injury to that benefit or decrease in the value of the Premises or Improvements;
are appurtenant to, said real property; (g) all proceeds of mineral rights, oil and any unearned premiums on any insurance policies covering the Premisesgas rights, Improvements air rights, water or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)water rights, including, including without limitation, the right to receive all ▇▇▇▇▇, canals, ditches and apply the proceeds reservoirs of any insurancenature and all rights thereto, judgmentsappurtenant to or associated with said real property, whether decreed or settlements undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may hereafter acquire in said real property and all additions and accretions thereto, and all awards or payments made for the taking of all or any portion of said real property by eminent domain or any proceeding or purchase in lieu thereof, for or any damage to any portion of said real property (collectively, the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever."Subject Property"
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably mortgages, conveygrants, mortgagebargains, transfersells, bargainconveys, transfers, pledges, sets over and assigns, and assign grants a security interest to TrusteeMortgagee, and its successors and assigns of Trustee, in trust for the benefit of Beneficiaryassign, with power of sale and right of entry and possession, all of TrustorMortgagor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):following:
(a) the That real property ("Land") located in Rockledge, county of Brevard, state of Florida, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises")hereto;
(b) All appurtenances, easements, rights of way, water and water rights, pumps, pipes, flumes and ditches and ditch rights, water stock, ditch and/or reservoir stock or interests, royalties, development rights and credits, air rights, minerals, oil rights, all buildings sewer capacity rights, and gas rights, now or later used or useful in connection with, appurtenant to or related to the Land;
(c) All buildings, structures, facilities, other improvements and fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereofLand;
(d) all easementsAll apparatus, rights-of-wayequipment, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights machinery and powers, appliances and all estatesaccessions thereto and renewals and replacements thereof and substitutions therefor used in the operation or occupancy of the Land, rightsit being intended by the parties that all such items shall be conclusively considered to be a part of the Land, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating whether or pertaining not attached or affixed to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereofLand;
(e) All land lying in the right-of-way of any street, road, avenue, alley or right-of-way opened, proposed or vacated, and all machinerysidewalks, apparatus, equipment, fittings, fixtures strips and other property gores of every kind and nature whatsoever owned by Trustor, land adjacent to or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation Land;
(f) All additions and occupancy of accretions to the Premises or Improvements property described above;
(g) All licenses, authorizations, certificates, variances, consents, approvals and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, other permits now or hereafter located upon pertaining to the Premises or Improvements (collectivelyLand and all estate, the "Equipment"), and the right, title and interest of Trustor in and Mortgagor in, to, under or derived from all tradenames or business names relating to any the Land or the present or future development, construction, operation or use of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;Land; and
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all All proceeds of each any of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 1 contract
Sources: Modification Agreement (Manufactured Home Communities Inc)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably grants, conveyconveys, mortgage, transfer, bargain, assigns and assign mortgages to Trustee, Mortgagee and its successors and assigns forever all of Trusteethat real property located in the Township of ▇▇▇▇▇, County of Luzerne, Commonwealth of Pennsylvania, described on Exhibit A attached hereto, together with all right, title, interest, and privileges of Mortgagor in trust for the benefit of Beneficiaryand to all streets, ways, roads, and alleys used in connection with power of sale or pertaining to such real property and right of entry and possessionany improvements thereon, all of Trustor's rightdevelopment rights or credits, title air rights, water, water rights and interestwater stock related to the real property, whether now owned all timber, and all minerals, oil and gas, and other hydrocarbon substances in, on or hereafter acquiredunder the real property, in or to and all of the following propertylicenses, appurtenances, reversions, remainders, easements, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred rights of way appurtenant or related thereto; and any and all rights of Mortgagor, as a declarant, under any covenants, conditions, and restrictions now or hereafter pertaining to as the "Secured Property"):
(a) the real property described in on Exhibit A attached hereto A, hereto, provided, however, that Mortgagee shall have no liability under such covenants, conditions, and --------- incorporated herein by reference (restrictions unless and until Mortgagee forecloses on the "Premises");
(b) real property; all buildings buildings, other improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estatereal property, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitationbut not limited to, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, appliances used in the operation or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or Improvements not attached or affixed to the real property (the “Improvements”); all interest or estate which Mortgagor may hereafter acquire in the property described above, and all building equipment, materials additions and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment")accretions thereto, and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing; (all of the foregoing being collectively referred to as the “Subject Property”). The listing of specific rights or property shall not be interpreted as a limit of general terms. TO HAVE AND TO HOLD the above granted Subject Property, together with the Collateral (as hereinafter defined) and all the rights, easements, profits and appurtenances and other property described Secured Property above, together with all proceeds, products, replacements, additions, substitutions and renewals to or of any or all of the foregoing belonging unto Trusteeand to the use of the Mortgagee, and its successors and assigns, in fee simple forever; PROVIDED, ALWAYS, that if Mortgagor shall pay unto Mortgagee the principal of and interest on the Note, when and as the same shall become due and payable whether by acceleration or otherwise, and shall pay all Secured Obligations (as hereinafter defined), and performs all obligations on its behalf contained in this Mortgage, the Loan Agreement (as such terms are defined below) or any of the other documents evidencing any of the Secured Obligations, then and in that case, the Subject Property and the Collateral hereby conveyed and all rights and interests therein and thereto shall revert to Mortgagor and the estate, right, title and interest of Mortgagee therein shall thereupon cease, determine and become void and in such case Mortgagee shall execute and deliver to Mortgagor at Mortgagor’s cost, an appropriate release and discharge of this Mortgage in form to be recorded.
Appears in 1 contract
Sources: Open End Mortgage (KBS Real Estate Investment Trust II, Inc.)
Grant. For As security for the purposes payment of the indebtedness created under the Loan Documents, Grantor hereby grants to Lender a continuing security interest in all of Grantor's now owned and upon the terms hereafter acquired tangible and conditions in this ----- Deed of Trustintangible personal property, Trustor does hereby grant, convey, mortgage, transfer, bargainwherever located, and assign to Trusteethe proceeds and products thereof. Without limiting the generality of the foregoing, such security interest shall include all of Grantor's now owned and hereafter acquired property and assets, and successors and assigns types of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to wherever located, as the "Secured Property"):follows:
(a) the real property described in Exhibit A attached hereto machinery, equipment, tools, furniture and --------- incorporated herein by reference fixtures, and all replacements and substitutions therefor and thereof, and all attachments, accessories and accessions thereto or for use therewith (the "PremisesEquipment");
(b) inventory, raw materials, work-in-process, finished goods, supplies and returned and/or repossessed inventory; and all buildings replacements, and improvements now or hereafter located on the Premises substitutions therefor and thereof, and all accessions thereto, (the "ImprovementsInventory");
(c) all general intangibles, licenses, permits, deposits, things in action, contracts, contractual rights, leases of real property, uncertificated securities and goodwill (the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof"General Intangibles");
(d) all easementsintellectual property, rights-of-way, gores of land, streets, ways, alleys, passages, sewer literary rights, watersrights to performance, water coursesinventions, water rights processes, systems, computer programs, databases and powerssoftware (including source and object codes); copyrights, patents, patent applications, service marks, trademarks, trade names, trade secrets, and all estatesgoodwill associated with the foregoing, rightsincluding, titlesin respect to all the foregoing, intereststhe right to sue ▇▇▇ past, privilegespresent or future violations or infringements thereof, libertiesall reissues, tenementsdivisions, hereditamentsrenewals, extensions, continuations and continuations -in-part thereof, and appurtenances of any nature whatsoeverall improvements thereon, in any way belonging, relating or pertaining to (the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof"Intellectual Property");
(e) all machinery, apparatus, equipment, fittings, fixtures accounts and other property of every kind and nature whatsoever owned by Trustor, rights to payment for goods sold or in which Trustor has leased or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements for services rendered (collectively, the "EquipmentAccounts"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, chattel paper and leases of personal property (the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right"Chattel Paper"), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment instruments (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder negotiable or otherwise), includingnotes, without limitationbonds, certificated securities, letters of credit, items of payment, negotiable documents, and documents of title (the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment"Instruments");
(h) all books, ledgers, records, customer lists, correspondence, computer hardware and software, and magnetic or other data storage media relating to any of the rightEquipment, Inventory, General Intangibles, Intellectual Property, Accounts, Chattel Paper, Instruments or Proceeds (as hereinafter defined), whether in the name and on behalf possession of Trustor, to appear in and defend any action Grantor or proceeding brought with respect to otherwise (the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment"Records"); and
(i) all cash and noncash proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trusteeproducts, including insurance proceeds of, and its successors and assignsany indemnity or warranty payable by reason of damage to or loss of, forever.the
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably mortgages, conveygrants, mortgagebargains, transfersells, bargainconveys, transfers, pledges, sets over and assigns, and assign grants a security interest to TrusteeMortgagee, and its successors and assigns of Trustee, in trust for the benefit of Beneficiaryassign, with power of sale and right of entry and possession, all of Trustor's Mortgagor’s right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):following:
(a) the a. That real property (“Land”) located in the city of Tampa, county of Hillsborough, state of Florida, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises")hereto;
(b) b. All appurtenances, easements, rights of way, water and water rights, pumps, pipes, flumes and ditches and ditch rights, water stock, ditch and/or reservoir stock or interests, royalties, development rights and credits, air rights, minerals, oil rights, all buildings sewer capacity rights, and gas rights, now or later used or useful in connection with, appurtenant to or related to the Land;
c. All buildings, structures, facilities, other improvements and fixtures now or hereafter located on the Premises (the "Improvements")Land;
(c) d. All apparatus, equipment, machinery and appliances and all accessions thereto and renewals and replacements thereof and substitutions therefor used in the operation or occupancy of the estateLand, rightit being intended by the parties that all such items shall be conclusively considered to be a part of the Land, title, claim whether or demand of any nature whatsoever of Trustor, either in law not attached or in equity, in possession or expectancy, in and affixed to the Premises and the Improvements or any part thereofLand;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all e. All land lying in the bed right-of-way of any street, road or road, avenue, opened alley or proposedright-of-way opened, in front proposed or vacated, and all sidewalks, strips and gores of land adjacent to or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation Land;
f. All additions and occupancy of accretions to the Premises or Improvements property described above;
g. All licenses, authorizations, certificates, variances, consents, approvals and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, other permits now or hereafter located upon pertaining to the Premises or Improvements (collectivelyLand and all estate, the "Equipment"), and the right, title and interest of Trustor in and Mortgagor in, to, under or derived from all tradenames or business names relating to any the Land or the present or future development, construction, operation or use of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;Land; and
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the h. All proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD All of the property described above granted and described Secured Property unto Trustee, and its successors and assigns, foreveris hereinafter collectively defined as the “Property”. The listing of specific rights or property shall not be interpreted as a limitation of general terms.
Appears in 1 contract
Sources: Mortgage and Security Agreement (KBS Real Estate Investment Trust, Inc.)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grantirrevocably grants, convey, mortgage, transfer, bargain, and assign to Trustee, and successors conveys and assigns of to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's that real property located in the City of San Carl▇▇, ▇▇unty of San Mateo, State of California, described on Exhibit A attached hereto, together with all right, title and title, interest, whether and privileges of Trustor in and to all streets, ways, roads, and alleys used in connection with or pertaining to such real property, all development rights or credits, air rights, water, water rights and water stock related to the real property, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the real property, and all appurtenances, easements, rights and rights of way appurtenant or related thereto; all buildings, other improvements and fixtures now owned or hereafter acquiredlocated on the real property, including, but not limited to, all apparatus, equipment, and appliances used in the operation or occupancy of the real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or not attached or affixed to the real property (the "Improvements"); to the extent assignable (if at all), all rights of Trustor under Section 10.2 of that certain Stock Sale Agreement dated June 9, 1995, by and between Trustor and Varian Associates, Inc., as amended, that relate to the Subject Property; deposits, security deposits, letters of credit, lease bonds and other deposit substitutes, credit enhancements and other like items under or with respect to any Lease of any portion of the Property; all interest or estate which Trustor may hereafter acquire in the property described above, and all additions and accretions thereto, and the proceeds of any of the foregoing; (all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter foregoing being collectively referred to as the "Secured Subject Property"):
(a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
(b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all . The listing of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air specific rights or similar or comparable rights property shall not be interpreted as a limit of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forevergeneral terms.
Appears in 1 contract
Sources: Deed of Trust (Communications & Power Industries Inc)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably mortgages, conveygrants, mortgageconveys, transferassigns, bargainbargains, sells, releases, aliens, transfers and assign remises to Trustee, Mortgagee and its successors and assigns of Trustee, in trust for forever and hereby represents and warrants to Mortgagee with the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's rightand grants to mortgagee and its successors and assigns forever a continuing security interest in and to, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections Mortgagor’s interest in: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the all real property located in Tazewell County, Illinois, and described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
hereto; (b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-wayway and rights used in connection with or as a means of access to any portion of said real property; (c) all tenements, hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Mortgagor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of landland adjacent to or used in connection with said real property; (e) all buildings, streets, ways, alleys, passages, sewer improvements and landscaping now or hereafter erected or located on said real property; (f) all development rights, watersgovernmental or quasi-governmental licenses, permits or approvals, zoning rights and other similar rights or interests which relate to the development, use or operation of, or that benefit or are appurtenant to, said real property; (g) all mineral rights, oil and gas rights, air rights, water coursesor water rights, water owned by Mortgagor, including without limitation, all ▇▇▇▇▇, canals, ditches and reservoirs of any nature and all rights and powersthereto, appurtenant to or associated with said real property, whether decreed or undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all estatesshares of stock in any water, rightscanal, titles, interests, privileges, liberties, tenements, hereditamentsditch or reservoir company, and appurtenances all well permits, water service contracts, drainage rights and other evidences of any nature whatsoeversuch rights; (h) all, in any way belonging, relating or pertaining to the Premises and Improvements fixtures (including, without limitation, any all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and (i) all interest or estate which Mortgagor now has or may hereafter acquire in said real property and all development rightsadditions and accretions thereto, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying awards or payments made for the taking of all or any portion of said real property by eminent domain or any proceeding or purchase in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line lieu thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy any damage to any portion of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements said real property (collectively, the "Equipment"“Subject Property”), and the right, title and interest . The listing of Trustor in and to any specific rights or property shall not be interpreted as a limitation of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forevergeneral terms.
Appears in 1 contract
Sources: Mortgage, Assignment of Rents, Security Agreement (MGP Ingredients Inc)
Grant. For In order to secure the purposes of and upon the terms and conditions in this ----- Deed of TrustObligations, Trustor does hereby grantmortgages, conveygrants, mortgageassigns, transferbargains, bargain, sells and assign conveys to Trustee, and its successors and assigns of Trusteeassigns, in trust for the benefit of Beneficiarytrust, with power of sale WITH POWER OF SALE and right of entry and possession, all and does hereby grant unto Trustee for the benefit of Trustor's rightBeneficiary a continuing security interest in, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the real property (herein called the “Land”) described in Exhibit A “B” which is attached hereto and --------- incorporated herein by reference for all purposes, and (the "Premises");
(bi) all buildings and improvements now or hereafter located situated or to be situated on the Premises Land (herein together called the "“Improvements"”);
; and (cii) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any (1) all streets, roads, alleys, easements, rights-of-way, privileges, hereditaments, appurtenances, licenses, rights of ingress and egress, vehicle parking rights and public places, existing or proposed, abutting, adjacent, used in connection with or pertaining to the Equipment which may be subject Land or the Improvements; (2) all of Trustor’s present and future estate, right, title and interest in and to any security agreements all accretion, avulsion, riparian rights, water rights, waters, water courses, whether now owned or hereafter acquired by Trustor; (as defined in 3) the Uniform Commercial Code of the State in which the Premises are locatedreversion(s), superior remainder(s), possession(s), claims and demands of Trustor in lien and to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereonsame, and the right to receive the same, which may be made with respect rights of Trustor in and to the Premises benefits of any conditions, covenants and restrictions now or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of hereafter affecting said real property, together with all estate, right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of title and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)interest, including, without limitation, leasehold interests, that Trustor now has or may hereafter acquire, and (4) any strips or gores between the Land and abutting or adjacent properties (the Land, Improvements and other rights, titles and interests referred to in this clause (a) being herein sometimes collectively called the “Premises”); (b) all things now or hereafter affixed to or located upon or used in connection with the Land, including, without limitation, all buildings, structures and Improvements of every kind and description now or hereafter erected or placed thereon, all apparatus, furnishings, furniture, fixtures, machinery, equipment, appliances, systems, building materials and personal property of every kind and nature whatsoever, now owned or hereafter acquired by Trustor, which are or shall be attached to, or used for the operation or maintenance of, said buildings, structures or Improvements located on the Land, or which are or shall be located in, on or about the Land, or which, wherever located, are used or intended to be used in or in connection with the construction, fixturing, equipping, furnishing, use, transportation of personal property to or from, operation or enjoyment of the Land or the Improvements thereon, and all permits, licenses, franchises, contract rights, management contracts or agreements, warranties, guaranties, authorities, certificates and leasehold interests, now or hereafter owned by Trustor and relating to the ownership use, operation, maintenance or enjoyment of the Land, the Improvements thereon, and the fixtures, equipment and personal property described above; and also including all extensions, additions, accessions, substitutions, improvements, betterments, renewals, renovations, repairs, replacements, products and proceeds of any of the foregoing, together with the benefit of any deposits or payments now or hereafter made by Trustor or on its behalf in connection with any of the foregoing, including all bridges, irrigation pumps, electric motors, engines, pipes, sprinklers, center pivot systems, control panels, accessories and accessions, and all other irrigation equipment connected therewith now or hereafter placed or installed, together with all water and watering rights of every kind and description, on the Land described herein; all accessories and accessions to fully operate grain handling facilities, storage warehouses, equipment sheds and shop buildings, including but not limited to office equipment, scales, compressors, engines, motors, control panels, conveyors, load-out equipment and all improvements, fixtures and appurtenances on or related to the Land described herein; scales, office equipment, computer equipment and software, fuel and water tanks, fuel and water metering and pumping equipment, fire prevention equipment, pneumatic equipment, compressors, engines, motors, control panels, conveyors, baling equipment, load-out equipment on or related to the Land described herein; provided, however, that expressly excluded from the security interest hereby created are all vehicles and rolling stock owned by Trustor, all personal property and equipment not owned by Trustor (including, but not limited to, leased property) located on the Land (collectively, the “Excluded Collateral”); and all of such things, other than the Excluded Collateral, whether now hereafter placed thereon or used in connection therewith or whether now owned or hereafter acquired by Trustor, or used in or necessary to the complete and proper planning, development, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use or installation in or on the Land or the Improvements, and all renewals and replacements of, substitutions for and additions to the foregoing (the properties referred to in this clause (b) being herein sometimes collectively called the “Accessories”); (c) all of (i) Trustor’s rights, but not liability for any breach by Trustor, under all insurance policies and other contracts and general intangibles (including but not limited to trademarks, trade names and symbols) related to the Premises or the Accessories or the operation thereof; (ii) deposits (including but not limited to Trustor’s rights in tenants’ security deposits, deposits with respect to utility services to the Premises, and any deposits or reserves hereunder or under any other Credit Document for taxes, insurance or otherwise), money, accounts, instruments, documents, notes and chattel paper arising from or by virtue of any transactions related to the Premises or the Accessories; (iii) permits, licenses, franchises, certificates, development rights, commitments and rights for utilities, and other rights and privileges obtained in connection with the Premises or the Accessories; (iv) leases, rents, royalties, bonuses, issues, profits, revenues and other benefits of the Premises and the Accessories (without derogation of Article 3 hereof); (v) oil, gas and other hydrocarbons and other minerals produced from or allocated to the Land and all products processed or obtained therefrom and the proceeds thereof; and (vi) engineering, accounting, title, legal, and other technical or business data concerning the Mortgaged Property (as defined below) which are in the possession of Trustor or in which Trustor can otherwise grant a security interest; and (d) all (i) proceeds of or arising from the properties, rights, titles and interests referred to above in this Section 1.2, including but not limited to proceeds of any sale, lease or other disposition thereof, proceeds of each policy of insurance relating thereto (including premium refunds and including the right to receive and apply proceeds attributable to the insurance loss of the Premises), proceeds of the taking thereof or of any insurancerights appurtenant thereto, judgmentsincluding change of grade of streets, curb cuts or settlements made other rights of access, by eminent domain or transfer in lieu thereofthereof for public or quasi-public use under any law, and proceeds arising out of any damage thereto; and (ii) other interests of every kind and character which Trustor now has or hereafter acquires in, to or for damage the benefit of the properties, rights, titles and interests referred to above in this Section 1.2 and all property used or useful in connection therewith, including but not limited to rights of ingress and egress and remainders, reversions and reversionary rights or interests; and if the estate of Trustor in any of the property referred to above in this Section 1.2 is a leasehold estate, the lien and security interest created hereby shall encumber and extend to all other or additional title, estates, interests or rights which are now owned or may hereafter be acquired by Trustor in or to the Premises, Improvements or Equipment;
(h) property demised under the right, in lease creating the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each leasehold estate. All of the foregoing. TO HAVE AND TO HOLD foregoing real and personal property and intangible rights covered by and subject to this Deed of Trust are herein collectively referred to as the above granted and described Secured Property unto Trustee, and its successors and assigns, forever“Mortgaged Property”.
Appears in 1 contract
Sources: Deed of Trust (Green Plains Renewable Energy, Inc.)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably grants, conveyconveys, mortgage, transfer, bargain, assigns and assign mortgages to Trustee, Mortgagee and its successors and assigns forever all of Trusteethat real property located in the Borough of ▇▇▇▇▇▇, County of Lackawanna, Commonwealth of Pennsylvania, described on Exhibit A attached hereto, together with all right, title, interest, and privileges of Mortgagor in trust for the benefit of Beneficiaryand to all streets, ways, roads, and alleys used in connection with power of sale or pertaining to such real property and right of entry and possessionany improvements thereon, all of Trustor's rightdevelopment rights or credits, title air rights, water, water rights and interestwater stock related to the real property, whether now owned all timber, and all minerals, oil and gas, and other hydrocarbon substances in, on or hereafter acquiredunder the real property, in or to and all of the following propertylicenses, appurtenances, reversions, remainders, easements, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred rights of way appurtenant or related thereto; and any and all rights of Mortgagor, as a declarant, under any covenants, conditions, and restrictions now or hereafter pertaining to as the "Secured Property"):
(a) the real property described in on Exhibit A attached hereto A, hereto, provided, however, that Mortgagee shall have no liability under such covenants, conditions, and --------- incorporated herein by reference (restrictions unless and until Mortgagee forecloses on the "Premises");
(b) real property; all buildings buildings, other improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estatereal property, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitationbut not limited to, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, appliances used in the operation or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or Improvements not attached or affixed to the real property (the “Improvements”); all interest or estate which Mortgagor may hereafter acquire in the property described above, and all building equipment, materials additions and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment")accretions thereto, and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing; (all of the foregoing being collectively referred to as the “Subject Property”). The listing of specific rights or property shall not be interpreted as a limit of general terms. TO HAVE AND TO HOLD the above granted Subject Property, together with the Collateral (as hereinafter defined) and all the rights, easements, profits and appurtenances and other property described Secured Property above, together with all proceeds, products, replacements, additions, substitutions and renewals to or of any or all of the foregoing belonging unto Trusteeand to the use of the Mortgagee, and its successors and assigns, in fee simple forever; PROVIDED, ALWAYS, that if Mortgagor shall pay unto Mortgagee the principal of and interest on the Note, when and as the same shall become due and payable whether by acceleration or otherwise, and shall pay all Secured Obligations (as hereinafter defined), and performs all obligations on its behalf contained in this Mortgage, the Loan Agreement (as such terms are defined below) or any of the other documents evidencing any of the Secured Obligations, then and in that case, the Subject Property and the Collateral hereby conveyed and all rights and interests therein and thereto shall revert to Mortgagor and the estate, right, title and interest of Mortgagee therein shall thereupon cease, determine and become void and in such case Mortgagee shall execute and deliver to Mortgagor at Mortgagor’s cost, an appropriate release and discharge of this Mortgage in form to be recorded.
Appears in 1 contract
Sources: Open End Mortgage (KBS Real Estate Investment Trust II, Inc.)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grantirrevocably grants, convey, mortgage, transfer, bargain, and assign to Trustee, and successors conveys and assigns of to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections ’s interest in: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the all real property located in Maricopa County, Arizona, and described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
hereto; (b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water way and rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation as a means of access to any portion of said real property; (c) all tenements, hereditaments and occupancy of the Premises or Improvements appurtenances thereof and thereto; (d) all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of the Equipment which may be subject any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land adjacent to any security agreements or used in connection with said real property; (as defined in the Uniform Commercial Code of the State in which the Premises are located)e) all buildings, superior in lien to the lien of this Deed of Trust;
improvements and landscaping now or hereafter erected or located on said real property; (f) all awards development rights, governmental or paymentsquasi-governmental licenses, including interest thereonpermits or approvals, zoning rights and the right to receive the same, other similar rights or interests which may be made with respect relate to the Premises development, use or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right)operation of, or for any other injury to that benefit or decrease in the value of the Premises or Improvements;
are appurtenant to, said real property; (g) all proceeds of mineral rights, oil and any unearned premiums on any insurance policies covering the Premisesgas rights, Improvements air rights, water or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)water rights, including, including without limitation, the right to receive all ▇▇▇▇▇, canals, ditches and apply the proceeds reservoirs of any insurancenature and all rights thereto, judgmentsappurtenant to or associated with said real property, whether decreed or settlements undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may hereafter acquire in said real property and all additions and accretions thereto, and all awards or payments made for the taking of all or any portion of said real property by eminent domain or any proceeding or purchase in lieu thereof, for or any damage to any portion of said real property (collectively, the Premises, Improvements “Subject Property”). The listing of specific rights or Equipment;
(h) the right, in the name and on behalf property shall not be interpreted as a limitation of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forevergeneral terms.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor Grantor hereby has bargained, sold, given, granted and conveyed and does hereby grant, convey, mortgage, transfer, by these presents bargain, sell, give, grant and assign convey to Trustee, and his heirs, successors and assigns of Trusteeassigns, in trust trust, WITH POWER OF SALE for the benefit of Beneficiary▇▇▇▇▇▇, with power of sale all privileges and right of entry appurtenances thereto belonging, to ▇▇▇▇▇▇, his heirs, successors and possessionassigns, forever upon the trusts, terms and conditions and for the uses hereinafter set forth, all of Trustor's estate, right, title and interestinterest which Grantor now has or may hereafter acquire in, whether now owned to, under, or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections following: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the that real property (“Land”) located in county of Greensville, Virginia, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
this reference; (b) all buildings buildings, improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
Land; and (c) all of the estateadditions, rightaccretions, titlerents, claim or demand of any nature whatsoever of Trustorissues, either in law or in equityprofits, in possession or expectancyroyalties, in and to the Premises and the Improvements or any part thereof;
(d) all appurtenances, easements, rights-of-waywater, gores of land, streets, ways, alleys, passages, sewer water rights, waterswater stock, water coursesminerals, water rights and powers, and all estates, oil rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development gas rights, air rights or similar or comparable and other rights of any nature whatsoever now or hereafter appurtenant or related to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy Land. All of the Premises foregoing property is hereinafter collectively defined as the “Property.” The listing of specific rights or Improvements and all building equipment, materials and supplies property shall not be interpreted as a limitation of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoinggeneral terms. TO HAVE AND TO HOLD the above granted Property and described Secured Property all the estate, right, title and interest in law and in equity, of Grantor in and to the Property, unto Trustee, and its successors and assignsassigns in fee simple forever, foreverupon the trusts, terms and conditions, and for the uses hereinafter set forth.
Appears in 1 contract
Sources: Deed of Trust (Cole Credit Property Trust III, Inc.)
Grant. For good and valuable consideration, and to secure the purposes prompt payment, when due, of the Secured Obligations, as defined below, B▇▇▇▇▇▇▇ has irrevocably granted, bargained, sold, conveyed, transferred, mortgaged, and upon the terms assigned, and conditions in this ----- Deed of Trust, Trustor by these presents does hereby irrevocably grant, bargain, sell, convey, transfer, mortgage, transferand assign, bargainto Trustee in trust, and assign to TrusteeWITH POWER OF SALE, and successors and assigns of Trustee, in trust for the benefit and security of BeneficiaryLender, with power of sale and right of entry and possessionhereby grants to Lender a security interest in, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the real property described in Exhibit A "A" attached hereto and --------- incorporated herein by reference (the "Premises");; TOGETHER WITH
(ba) all buildings buildings, structures, additions, and improvements now or hereafter located on the Premises thereon or belonging thereto (collectively, the "Improvements");
; (cb) all of the estate, right, title, claim goods which are or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and are to become fixtures attached to the Premises and or Improvements (collectively, the Improvements or any part thereof;
"Fixtures"); (dc) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, and water rights relating thereto; (d) all leases, subleases, and powersother agreements affecting the use, enjoyment or occupancy of the Premises, now or hereafter entered into, together with any extensions thereof and guarantees relating thereto (collectively, the "Leases"), and all rents and other sums payable under the Leases, tenant security and other deposits, oil and gas or other mineral royalties, bonuses and rents, issues and profits relating to the Premises and Improvements (collectively, the "Rents"); (e) all right, title and interest, including reversions and remainders, if any, of Borrower, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street or highway adjoining the Premises; (f) all other estates, rights, titles, claims, interests, privileges, liberties, tenements, hereditaments, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant relating to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
Improvements; (eg) all machinery, apparatus, equipment, fittings, fixtures appliances and other articles of personal property of every kind and nature whatsoever now owned or hereafter acquired by Trustor, or in which Trustor has or shall have an interestBorrower, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable and used in connection with the present or future operation Premises, together with all replacements thereof and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements substitutions therefor (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements ; (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(fh) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises Premises, Improvements, or Improvements whether Equipment, from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right)domain, or for any other injury to thereto or decrease in the value of thereof (collectively, the Premises or Improvements;
"Awards"); (gi) all policies of insurance relating to the Premises, Improvements, or Equipment, all proceeds of thereof, and any unearned premiums on any such insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)policies, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage ; (j) all deposits made to procure or maintain utility services to the PremisesPremises or the Improvements and any money, Improvements cash, negotiable instruments, documents of title, securities, deposit accounts or Equipment;
other cash equivalents, including interest or income earned thereon held by Lender or Trustee under or in accordance with this Deed of Trust or any Related Document; (hk) any amounts in any escrow fund for the rightpurposes of payment of taxes, insurance premiums or other impositions in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought connection with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
and (il) all products and proceeds of each of the foregoingproperty described above. TO HAVE AND TO HOLD the above granted and described Secured Property unto TrusteeThe Premises, Improvements, Fixtures, Leases, Rents, Equipment, Awards, and its successors all other real and assigns, foreverpersonal property described in this paragraph are hereinafter collectively referred to as the "Property."
Appears in 1 contract
Sources: Construction Security Agreement (Nedak Ethanol, LLC)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trustvaluable consideration, Trustor does Borrower hereby grantgrants, conveybargains, mortgagesells, transferassigns, bargaintransfers, pledges, mortgages, warrants, and assign conveys to TrusteeLender, and successors and assigns of Trusteegrants Lender a security interest in, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights rights, interests and interests listed estates now or hereafter owned by Borrower (collectively, the "PROPERTY"), it being expressly provided that certain of the Personal Property, Leases, Rents, and other Property described in subsections paragraphs (ae) through (ij) below is presently owned or held by Lessee (hereinafter collectively referred to as collectively, the "Secured LESSEE PERSONAL Property"):) pursuant to the Primary Lease, rather than Borrower:
(a) the All that certain real property in _______ County, _______ described in Exhibit A B attached hereto and --------- incorporated herein by reference (the "PremisesLAND");
(b) all buildings All buildings, structures, parking facilities and other improvements (including fixtures) now or hereafter later located in or on the Premises Land (the "ImprovementsIMPROVEMENTS");
(c) all of the estateAll easements, rightestates, titleand real property interests including hereditaments, claim servitudes, appurtenances, tenements, mineral and oil/gas rights, water rights, air rights, development power or demand of rights, options, reversion and remainder rights, and any nature whatsoever of Trustor, either other similar rights owned by Borrower and relating to or usable in law connection with or in equity, in possession or expectancy, in and access to the Premises and the Improvements or any part thereofProperty;
(d) All right, title, and interest owned by Borr▇▇▇▇ ▇▇ and to all easements, land lying within the rights-of-way, gores of landroads, or streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened open or proposed, in front of or adjoining the Premises Land to the center line thereof, and all sidewalks, alleys, and strips and gores of land adjacent to or used in connection with the Property;
(e) All right, title, and interest of Borrower in, to, and under all machineryplans, apparatusspecifications, equipmentsurveys, fittingsstudies, fixtures reports, permits, licenses, agreements, contracts, instruments, books of account, insurance policies, and any other property of every kind and nature whatsoever owned by Trustordocuments relating to the use, construction, occupancy, leasing, or in which Trustor has operation of the Property;
(f) All furniture, furnishings, fixtures, inventory and equipment located on or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present Property, including the fixtures and personal property, contractual rights, rights to payment or future recovery, books and records, permits and licenses, plans and manuals, funds in accounts held by or for the benefit of Borrower, and all other intangible personal property required or used in the operation and occupancy of the Premises or Improvements Property and all building equipment, materials and supplies of any nature whatsoever owned by TrustorBorrower, or and expressly including the property described in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements Exhibit C and replacements thereof (collectively, the "EquipmentPERSONAL PROPERTY"), and the right;
(g) All of Borr▇▇▇▇'▇ ▇ight, title and interest in the proceeds (including conversion to cash or liquidation claims) of Trustor (i) insurance relating to the Property and (ii) all awards made for the taking by eminent domain (or by any proceeding or purchase in and to any lieu thereof) of the Equipment which may be subject Property, including awards resulting from a change of any streets (whether as to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located)grade, superior in lien to the lien of this Deed of Trustaccess, or otherwise) and for severance damages;
(fh) all awards or paymentsAll tax refunds, including interest thereon, tax rebates, tax credits, and tax abatements, and the right to receive the same, which may be made payable or available with respect to the Premises Property;
(i) All leasehold estates, ground leases, leases, subleases, occupancy agreements, concessions, licenses, or Improvements whether from other agreements affecting the exercise use, enjoyment or occupancy of the right Property now or later existing, including the Primary Lease and any use or occupancy arrangements created pursuant to Title 7 or 11 of eminent domain the United States Code, as amended from time to time, or any similar federal or state laws now or later enacted for the relief of debtors (the "BANKRUPTCY CODE"), and all extensions and amendments thereto (collectively, the "LEASES") and all Borrower's right, title and interest under the Leases, including all guaranties thereof; and
(j) All rents, deposits, issues, guest receipts, meeting facility revenue, profits, royalties, receivables, use and occupancy charges (including all oil, gas or other mineral royalties and bonuses), income and other benefits now or later derived from any portion or use of the Property (including any transfer made in lieu payments received with respect to any Tenant or the Property pursuant to the Bankruptcy Code) and all cash, security deposits, advance rentals, or similar payments relating thereto (collectively, the "RENTS") and all proceeds from the cancellation, termination, surrender, sale or other disposition of the exercise of said right)Leases, or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage Rents to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each payment of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, foreverObligations.
Appears in 1 contract
Sources: Mortgage, Security Agreement and Fixture Filing (Felcor Lodging Trust Inc)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grantGrantor irrevocably grants, convey, mortgage, transfer, bargain, and assign to Trustee, and successors conveys and assigns of to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of TrustorGrantor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections interest in: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the all real property located in ADA County, Idaho, and described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
which real property is within a city or village or is 20 acres or less in size; (b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water way and rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation as a means of access to any portion of said real property; (c) all tenements, hereditaments and occupancy of the Premises or Improvements appurtenances thereof and thereto; (d) all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor Grantor, now owned or hereafter acquired, in and to any land lying within the right-of-way of the Equipment which may be subject any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land adjacent to any security agreements or used in connection with said real property; (as defined in the Uniform Commercial Code of the State in which the Premises are located)e) all buildings, superior in lien to the lien of this Deed of Trust;
improvements and landscaping now or hereafter erected or located on said real property; (f) all awards development rights, governmental or paymentsquasi-governmental licenses, including interest thereonpermits or approvals, zoning rights and the right to receive the same, other similar rights or interests which may be made with respect relate to the Premises development, use or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right)operation of, or for any other injury to that benefit or decrease in the value of the Premises or Improvements;
are appurtenant to, said real property; (g) all proceeds of mineral rights, oil and any unearned premiums on any insurance policies covering the Premisesgas rights, Improvements air rights, water or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)water rights, including, including without limitation, the right to receive all w▇▇▇▇, canals, ditches and apply the proceeds reservoirs of any insurancenature and all rights thereto, judgmentsappurtenant to or associated with said real property, whether decreed or settlements undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any such rights; and (h) all interest or estate which Grantor now has or may hereafter acquire in said real property and all additions and accretions thereto, and all awards or payments made for the taking of all or any portion of said real property by eminent domain or any proceeding or purchase in lieu thereof, for or any damage to any portion of said real property (collectively, the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever."Subject Property"
Appears in 1 contract
Grant. For To secure repayment of the purposes indebtedness evidenced by the Note (defined herein) and payment and performance of all other Secured Obligations (defined herein), Grantor irrevocably and upon the terms and conditions in this ----- Deed of Trustunconditionally grants, Trustor does hereby grantbargains, convey, mortgage, transfer, bargainsells, and assign conveys to Trustee, and successors and assigns of Trusteein trust, in trust for the benefit of Beneficiary, with power of sale WITH POWER OF SALE and right of entry and possession, all of TrustorGrantor's estate, right, title and interestinterest in and to the following, wherever located, whether now owned or hereafter acquiredacquired or arising, in and, except as indicated, whether constituting real estate or to all of the following propertypersonal property (collectively, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the real property estate and any interest in the real estate located in El Dorado County, California, and described in Exhibit EXHIBIT A attached hereto and --------- incorporated herein by reference (the "PremisesLand");
(b) all buildings buildings, structures, improvements, fixtures, attachments, appliances, equipment, machinery and improvements other articles now or hereafter erected on, affixed or attached to, or located in or on the Premises Land, including all watering and irrigation apparatus, pumps, motors, generators, pipes, center pivot irrigators and sprinklers, windmills, and fences (the "“Improvements"”);
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water way and rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises Land or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present Land or future operation as a means of access thereto ("Easements");
(d) the ground water on, under, pumped from or otherwise available to the Property or any drainage, retention, ditch, canal, reservoir, or other water rights, whether as a result of overlying groundwater rights, contractual rights, or otherwise and occupancy whether riparian, appropriative, or otherwise; the right to remove or extract any such ground water including any permits, rights or licenses granted by any Governmental Authority and any rights granted or created by any easement, covenant, agreement or contract with any Person; and any rights to which the Property or Grantor is entitled with respect to surface water, whether such rights are appropriative, riparian, prescriptive or otherwise and whether or not pursuant to historical use, contractual agreement, permit or other governmental authorization; any water right, water allocation for water not yet delivered, distribution right, delivery right, any proscriptive, contractual, easement or other rights necessary or convenient to convey any water to the Property, water storage right, or other water-related entitlement appurtenant to or otherwise applicable to the Property by virtue of the Premises or Improvements and all building equipment, materials and supplies Property being situated within the boundaries of any nature whatsoever owned by Trustorgovernmental water district irrigation district or other local agency or within the boundaries of any private water company, mutual water company, or in other non-governmental entity and any shares, or any rights under such shares, of any private water company, mutual water company, or other non-governmental entity pursuant to which Trustor has Grantor or shall have an interest, now or hereafter located upon the Premises or Improvements Property may receive water (collectively, the "EquipmentWater Rights"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grant, convey, mortgage, transfer, bargain, and assign to Trustee, and successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's ’s right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (ik) below (hereinafter collectively referred to as the "“Secured Property"”):
(a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises"“Property”);
(b) all buildings and improvements now or hereafter located on the Premises Property (the "“Improvements"”);
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises Property and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises Property and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises Property or now or hereafter transferred to the PremisesProperty) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises Property to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises Property or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises Property or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises Property or Improvements (collectively, the "“Equipment"”), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises Property or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises Property or Improvements;
(g) all right, title and interest of Trustor in and to any and all leases now or hereafter on or affecting the Property, whether written or oral, and (to the extent assignable) all licenses and other agreements for use or occupancy of the Property, together with all security therefor and deposits thereunder and all guaranties thereof and all monies payable thereunder;
(h) all rents, awards, deposits (other than security deposits in respect of leases), issues, profits, payments, income, revenues, proceeds reimbursements and/or accounts receivable derived from the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of any portion of the Property or the Improvements;
(i) all proceeds of and any unearned premiums on any insurance policies covering the PremisesProperty, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)Equipment, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the PremisesProperty, Improvements or Equipment;
(hj) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the PremisesProperty, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the PremisesProperty, Improvements or Equipment; and
(ik) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 1 contract
Sources: Deed of Trust (Westaff Inc)
Grant. For good and valuable consideration, including the purposes debt hereinafter described, the receipt and legal sufficiency of and upon the terms and conditions in this ----- Deed of Trustwhich is hereby expressly acknowledged by all parties, Trustor Mortgagor does hereby grant, convey, mortgage, transfer, bargainMORTGAGE AND WARRANT unto Mortgagee, and assign to Trustee, and Mortgagee's successors and assigns of Trusteeassigns, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following described property, rights and interests listed in subsections (a) through subject to the Permitted Exceptions:
(i) below The Land, together with (hereinafter collectively referred to as the "Secured Property"):
(aA) the Improvements; (B) all estates, easements, interests, licenses, Rights and titles of Mortgagor in and to the Land and all easements and rights-of-way used in connection with the Land or the Improvements or as a means of ingress to or egress from the Land or the Improvements; (C) all estates, easements, interests, licenses, Rights and titles, if any, of Mortgagor in and to the real property described estate lying in Exhibit A attached hereto the streets, roads, alleys, ways, sidewalks, or avenues, open or proposed, in front of, or adjoining, the Land, and --------- incorporated herein by reference in and to any strips or gores of real estate adjoining the Land; (D) all passages, waters, water rights, water courses, riparian rights, other Rights appurtenant to the "Premises")Land, as well as any after-acquired title, franchise or license, and the reversions and remainders thereof; and (E) all estates, easements, licenses, interests, Rights and titles appurtenant or incident to the foregoing;
(bii) all buildings and improvements now or hereafter located on the Premises (the "Improvements");The Personal Property; and
(ciii) all All other estates, easements, licenses, interests, Rights and titles of the estateevery kind and character which Mortgagor now has, right, title, claim or demand of at any nature whatsoever of Trustor, either in law or in equity, in possession or expectancytime hereafter acquires, in and to the Premises and Land, the Improvements or any part thereof;
(d) all easementsImprovements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powersthe Personal Property, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating property which is used or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable useful in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectivelyLand, the "Equipment")Improvements, and the rightPersonal Property, title and interest including without limitation (A) all proceeds payable in lieu of Trustor in and or as compensation for the loss of or damage to any of the Equipment which may be subject to any security agreements foregoing; (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(fB) all awards made by any public body or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises decreed by any court of competent jurisdiction for a taking or Improvements whether from the exercise for degradation of value in any eminent domain proceeding involving any of the right of eminent domain foregoing; and (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(gC) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any and all insurance (including without limitation, title insurance) covering the Land, judgmentsthe Improvements, or settlements made in lieu thereofthe Personal Property, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. All property and interests described or referred to in Subsections (i), (ii), and (iii) of this Section 2.1, together with any additional interest therein now owned, or hereafter acquired, by Mortgagor, are sometimes hereinafter collectively called the "Mortgaged Property". TO HAVE AND TO HOLD the above granted Mortgaged Property, together with all and described Secured Property unto Trusteesingular the rights, hereditaments, and its appurtenances in anywise appertaining or belonging thereto, unto Mortgagee and Mortgagee's successors and assignsassigns forever, foreverPROVIDED, NEVERTHELESS, that these presents are upon the express condition that if Mortgagor shall pay or cause to be paid the Secured Indebtedness, and if Mortgagor shall duly and punctually perform and observe all of the terms, covenants, agreements and conditions contained in this Mortgage, the Note, and all the Loan Documents, then this Mortgage and the estate, right and interest of Mortgagee in and to the Mortgaged Property shall cease and become void and of no force and effect, and shall be satisfied at Mortgagor's expense; otherwise, this Mortgage shall remain in full force and effect.
Appears in 1 contract
Sources: Mortgage, Security Agreement, Financing Statement and Assignment of Rents (Hurco Companies Inc)
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor does hereby grantirrevocably grants, convey, mortgage, transfer, bargain, and assign to Trustee, and successors conveys and assigns of to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's estate, right, title and interestinterest which Trustor now has or may hereafter acquire in, whether now owned to, under or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):following:
(a) the a. That real property ("Land") located in Peoria, county of Maricopa, state of Arizona, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises")hereto;
(b) all buildings b. All appurtenances, easements, rights of way, water and water rights, pumps, pipes, flumes and ditches and ditch rights, water stock, ditch and/or reservoir stock or interests, royalties, development rights and credits, air rights, minerals, oil rights, and gas rights, now or later used or useful in connection with, appurtenant to or related to the Land;
c. All buildings, structures, facilities, other improvements and fixtures now or hereafter located on the Premises (the "Improvements")Land;
(c) d. All apparatus, equipment, machinery and appliances and all accessions thereto and renewals and replacements thereof and substitutions therefor used in the operation or occupancy of the estateLand, rightit being intended by the parties that all such items shall be conclusively considered to be a part of the Land, title, claim whether or demand of any nature whatsoever of Trustor, either in law not attached or in equity, in possession or expectancy, in and affixed to the Premises and the Improvements or any part thereofLand;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all e. All land lying in the bed right-of-way of any street, road or road, avenue, opened alley or proposedright-of-way opened, in front proposed or vacated, and all sidewalks, strips and gores of land adjacent to or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation Land;
f. All additions and occupancy of accretions to the Premises or Improvements property described above;
g. All licenses, authorizations, certificates, variances, consents, approvals and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, other permits now or hereafter located upon pertaining to the Premises or Improvements (collectivelyLand and all estate, the "Equipment"), and the right, title and interest of Trustor in and in, to, under or derived from all tradenames or business names relating to the Land or the present or future development, construction, operation or use of the Land; and
h. All proceeds of any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 1 contract
Sources: Modification Agreement (Manufactured Home Communities Inc)
Grant. For 1.1. FOR GOOD AND VALUABLE CONSIDERATION, in▇▇▇▇▇▇▇ ▇▇e indebtedness herein recited and the purposes trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and upon assigns to Trustee, IN TRUST, WITH POWER OF SALE AND RIGHT OF ENTRY AND POSSESSION, for the benefit and security of Beneficiary, under and subject to the terms and conditions in this ----- Deed of Trust, Trustor does hereby grant, convey, mortgage, transfer, bargainhereinafter set forth, and assign grants to TrusteeBeneficiary a security interest in the following property, rights, interests and successors and assigns estates of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, Trustor whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through :
(i) below that certain real property located in the County of San Bernardino, State of California more particularly described in EXHIBIT A-1 attached hereto and by this reference incorporated herein (hereinafter collectively referred to as the "Secured Property"):
(a) the all such real property described in Exhibit A attached hereto and --------- incorporated EXHIBIT A-1 is collectively referred to herein by reference (as the "PremisesPREMISES");
(bii) TOGETHER WITH any and all structures, buildings and improvements and any and all alterations now or hereafter located or erected on the Premises, all pumps and pumping stations used in connection therewith and all shares of stock evidencing the same, all fixtures, attachments, appliances, equipment, machinery, furnishings, inventory and other articles or property used or usable in connection with the Premises or attached or affixed in any manner to said structures, buildings and improvements including, but not limited to all storage tanks and pipelines, all gas, electric, heating, cooling, air conditioning, refrigeration, ventilation, sanitation, and plumbing fixtures and equipment and any additions to, substitutions for, changes or replacements of the whole or any part thereof (collectively, the "ImprovementsIMPROVEMENTS"), all of which shall be deemed and construed to be a part of the realty;
(ciii) TOGETHER WITH all rents, earnings, issues, profits, royalties, income, accounts receivable, revenues, deposits, security deposits, receipts and other benefits (collectively, the "RENTS") derived or generated from the use and operation of the estatePremises, Improvements and the Collateral (as hereinafter defined) or to which Trustor may be entitled, whether now due, past due or to become due or from any lease, sublease, license, franchise or concession or other agreement now or hereafter affecting all or any portion of the Premises or the Improvements or the use, operation or occupancy thereof (collectively, the "LEASES"), subject to the terms and provisions of ARTICLE 3 hereof;
(iv) TOGETHER WITH all right, titletitle and interest now or hereafter appertaining, claim belonging to or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, acquired by Trustor in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores rights, licenses, profits, and privileges used in connection therewith or as a means of landaccess thereto, including, without limiting the generality of the foregoing, all rights pursuant to any trackage agreement and all rights to the nonexclusive use of common drive entries, any after acquired title and reversion in or to each and every part of all streets, waysroads, alleyshighways and alleys adjacent to and adjoining the same, passagesand all tenements, sewer rightshereditaments and appurtenances thereof and thereto;
(v) TOGETHER WITH all right, waterstitle and interest of Trustor, whether owned legally, of record, equitably, beneficially or otherwise, whether constituting real or personal property (or subject to any other characterizations), whether created or authorized under existing or future laws or regulations, and however arising, in all water coursesrights and assets (collectively, the "WATER RIGHTS AND ASSETS"), including without limitation, the following:
(a) All water (including any water inventory in storage), water rights and powersentitlements, other rights to water and other rights to receive water or water rights of every kind or nature whatsoever including (1) the groundwater on, under, pumped from or otherwise available to the Premises, whether as the result of groundwater rights, contractual rights or otherwise, (ii) Trustor's right to remove and extract any such groundwater including any permits, rights or licenses granted by any governmental authority or agency or any rights granted or created by any use, easement, covenant, agreement, or contract with any person or entity, (iii) any rights to which the Premises is entitled with respect to surface water, whether such right is appropriative, riparian, prescriptive, decreed or otherwise and whether or not pursuant to permit or other governmental authorization, or the right to store any such water, (iv) any water, water right, water allocation, distribution right, delivery right, water storage right, or other water-related entitlement appurtenant or otherwise applicable to the Premises by virtue of the Premises being situated within the boundaries of any district, agency, or other governmental entity or within the boundaries of any private water company, mutual water company, or other non-governmental entity, and (v) all rights in and to pumping plants, pipes, flumes and all rights in ditches for irrigation of the Premises;
(b) All stock, interest or rights (including any water allocations, voting or decision rights) in any entity, together with any and all rights from any entity or other person to acquire, receive, exchange, sell, lease or otherwise transfer any water or other Water Rights and Assets, to store, deposit or otherwise create water credits in a water bank or similar or other arrangements for allocating water, to transport or deliver water, or otherwise to deal with any Water Rights and Assets;
(c) All licenses, permits, approvals, contracts, decrees, rights and interests to acquire or appropriate any water or other Water Rights and Assets, water bank or other credits evidencing any right to water or other Water Rights and Assets, to store, carry, transport or deliver water or other Water Rights and Assets, to sell, lease, exchange, or otherwise transfer any water or other Water Rights and Assets, or to change the point for diversion of water, the location of any water or Water Rights and Assets, the place of use of any water or Water Rights and Assets, or the purpose of the use of any water or Water Rights and Assets;
(d) All rights, claims, causes of action, judgments, awards, and other judicial, arbiter or administrative relief in any way relating to any water or Water Rights and Assets;
(e) All storage and treatment rights for any water or any other Water Rights and Assets, whether on or off the Premises or other property of Trustor, together with all storage tanks, and other equipment used or usable in connection with such storage and any water bank deposit credits, deposit accounts;
(f) All rights to transport, carry, allocate or otherwise deliver water or other Water Rights and Assets by any means wherever located;
(g) All guaranties, warranties, marketing, management or service contracts, indemnity agreements, and water right agreements, other water related contracts and water reallocation rights, all insurance policies regarding or relating to any Water Rights and Assets; and
(h) All rents, issues, profits, proceeds and other accounts, instruments, chattel paper, contract rights, general intangibles, deposit accounts, and other rights to payment arising from or on account of any use, nonuse, sale, lease, transfer or other disposition of any Water Rights and Assets. The references to "water" and "water rights and assets" are used herein in the broadest and most comprehensive sense of the terms. The term "water" includes water rights and rights to water or whatever rights to money, proceeds, property or other benefits are exchanged or received for or on account of any Water Rights and Assets or any conservation or other nonuse of water, including whatever rights are achieved by depositing shares of any Water Right and Assets in any water bank or with any water authority, or any other water reallocation rights; TOGETHER WITH all leasehold estates, rights, titlestitles and interests of Trustor in, intereststo and under all leases, privilegespermits, libertiessubleases, tenementslicenses, hereditamentsfranchises and other agreements covering the Premises however characterized, and appurtenances of any nature whatsoever, issued or in any way belongingfurnished, whether necessary or not for the operation and use of the Premises, including, without limitation, building permits, certificates of occupancy, environmental certificates of operation relating to, the Improvements or pertaining any portion thereof now or hereafter existing or entered into, and all rights, titles and interests of Trustor thereunder, including, without limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature; TOGETHER WITH all right, title and interest now owned or hereafter acquired by Trustor in and to any greater estate in the Premises or the Improvements;
(vi) TOGETHER WITH all the estate, interest, right, title, other claim or demand, both in law and in equity, including claims or demands with respect to the proceeds of insurance in effect with respect to the Premises or the Improvements, which Trustor now has or may hereafter acquire in the Premises or the Improvements, and Improvements any and all awards made for the taking by eminent domain, or by any proceeding of purchase in lieu thereof, of any other component of the whole or any part of the Trust Estate (as hereinafter defined), including, without limitation, any awards resulting from a change of grade of streets and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereofawards for severance damages;
(evii) TOGETHER WITH all machineryright, apparatus, equipment, fittings, fixtures title and other interest now owned or hereafter acquired by Trustor in and to any and all articles of personal property of every kind and nature whatsoever owned by Trustorand any additions to, substitutions for, changes in or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy replacements of the Premises whole or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)part thereof, including, without limitation, all goods, fixtures, wall-beds, wall-safes, built-in furniture and installations, shelving, partitions, door-stops, vaults, elevators, dumb-waiters, awnings, window shades, venetian blinds, light fixtures, fire hoses and brackets and boxes for the same, fire sprinklers, alarm systems, drapery rods and brackets, screens, linoleum, carpets, plumbing, laundry tubs and trays, iceboxes, refrigerators, heating units, stoves, ovens, water heaters, incinerators, furniture and furnishings, communication systems, all specifically designed installations and furnishings and all of said articles of property, the specific enumerations herein not excluding the general, now or at any time hereafter affixed to, attached to, placed upon, used or useful in any way in connection with the use, enjoyment, occupancy or operation of the Premises or the Improvements or any portion thereof and owned by Trustor or in which Trustor now has or hereafter acquires an interest, and all building materials, supplies, tools and equipment now or hereafter delivered to the Premises and intended to be installed or placed in or about the Improvements;
(viii) TOGETHER WITH all inventory in all of its forms (except real estate), wherever located, now or hereafter existing, including, but not limited to, (a) all plastic, corrugated and other containers and raw materials and work in progress therefor, finished goods thereof, and materials used or consumed in the manufacture or production thereof, (b) goods in which the Trustor has an interest in mass or a joint or other interest or right to receive and apply the proceeds or interest of any insurancekind (including, judgmentswithout limitation, goods in which the Trustor has an interest or settlements made right as consignee), and (c) goods which are returned to or repossessed by the Trustor, and all accessions thereto and products thereof and documents therefor;
(ix) TOGETHER WITH all farm products in lieu thereofall of their respective forms, wherever located, now or hereafter existing, to be planted or grown on the Premises (including, but not limited to, crops, nursery stock, root stock, container grown products, seedlings, vines, trees, and other plants or plant products, fertilizers and herbicides), but specifically excluding growing crops, and all accessions to and products of and documents for damage any of the foregoing;
(x) TOGETHER WITH all general intangibles relating to design, development, operation, management and use of the Premises and construction of the Improvements, including, but not limited to,
(a) all permits, licenses, authorizations, variances, land use entitlements, approvals and consents issued or obtained in connection with the construction of the Improvements, (b) all permits, licenses, approvals, consents, authorizations, franchises and agreements issued or obtained in connection with the use, occupancy or operation of the Premises or the Improvements, (c) all rights as a declarant (or its equivalent) under any covenants, conditions and restrictions or other matters of record affecting the Premises or the Improvements, (d) all materials prepared for filing or filed with any governmental agency, (e) all rights under any contract in connection with the development, design, use, operation, management and construction of the Premises or the Improvements and (f) all books and records prepared and kept in connection with the acquisition, construction, operation and occupancy of the Premises, the Improvements or Equipmentand any other component of the Trust Estate (as defined in Section 1.2 below);
(hxi) TOGETHER WITH all construction, service, engineering, consulting, leasing, architectural and other similar contracts of any nature (including, without limitation, those of any general contractors, subcontractors and materialmen), as such may be modified, amended or supplemented from time to time, concerning the rightdesign, construction, management, operation, occupancy, use, and/or disposition of any other component of any portion of or all of the Trust Estate;
(xii) TOGETHER WITH all architectural drawings, plans, surveys, specifications, soil tests and reports, feasibility studies, appraisals, engineering reports and similar materials relating to any portion or all of the Premises and the Improvements;
(xiii) TOGETHER WITH all payment and performance bonds or guarantees and any and all modifications and extensions thereof relating to the Premises and the Improvements;
(xiv) TOGETHER WITH all reserves, deferred payments, deposits, refunds, cost savings, letters of credit and payments of any kind relating to the construction, design, development, operation, occupancy, use and disposition of any other component of all or any portion of the Trust Estate, including, without limitation, any property tax rebates now owing or hereafter payable to Trustor;
(xv) TOGETHER WITH all proceeds of the loan secured hereby and any commitment by any lender to extend permanent or additional construction or other financing to Trustor relating to any other component of the Trust Estate;
(xvi) TOGETHER WITH all proceeds and claims arising on account of any damage to or taking of any other component of the Trust Estate or any part thereof, and all causes of action and recoveries for any loss or diminution in the name value of any other component of the Trust Estate;
(xvii) TOGETHER WITH all policies of, and on behalf proceeds resulting from, insurance relating to any other component of Trustorthe Trust Estate or any of the above collateral, and any and all riders, amendments, renewals, supplements or extensions thereof, and all proceeds thereof;
(xviii) TOGETHER WITH all deposits made with or other security given to appear in and defend any action or proceeding brought utility companies by Trustor with respect to the PremisesPremises and/or the Improvements, Improvements and all advance payments of insurance premiums made by Trustor with respect thereto and claims or Equipment demands relating to insurance and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; andall deposit accounts wherever located;
(ixix) TOGETHER WITH all proceeds shares of each stock or other evidence of ownership of any other component of any part of the foregoing. TO HAVE AND TO HOLD Trust Estate that is owned by Trustor in common with others, including all water stock relating to the above granted and described Secured Property unto TrusteePremises or the Improvements, if any, and its successors and assignsall documents or rights of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Premises or the Improvements;
(xx) TOGETHER WITH all proceeds, forever.whether cash, promissory notes, contract rights or otherwise, of the sale or other disposition of all or any part of the estate of Trustor upon the Trust Estate now or hereafter existing thereon (provided, however, the foregoing shall not authorize or entitle Trustor to dispose of the Trust Estate, except as may be permitted pursuant to the Loan Documents (as
Appears in 1 contract
Sources: Credit Agreement (Cadiz Inc)
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor hereby has bargained, sold, given, granted and conveyed and does hereby grant, convey, mortgage, transfer, by these presents bargain, sell, give, grant and assign convey to Trustee, and his heirs, successors and assigns of Trusteeassigns, in trust trust, WITH POWER OF SALE for the benefit of Beneficiary, with power of sale all privileges and right of entry appurtenances thereto belonging, to Beneficiary, his heirs, successors and possessionassigns, forever upon the trusts, terms and conditions and for the uses hereinafter set forth, all of Trustor's estate, right, title and interestinterest which Trustor now has or may hereafter acquire in, whether now owned to, under, or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections following: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the that real property (“Land”) located in Rocky Mount, county of ▇▇▇▇, North Carolina, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
this reference; (b) all buildings buildings, improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
Land; and (c) all of the estateadditions, rightaccretions, titlerents, claim or demand of any nature whatsoever of Trustorissues, either in law or in equityprofits, in possession or expectancyroyalties, in and to the Premises and the Improvements or any part thereof;
(d) all appurtenances, easements, rights-of-waywater, gores of land, streets, ways, alleys, passages, sewer water rights, waterswater stock, water coursesminerals, water rights and powers, and all estates, oil rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development gas rights, air rights or similar or comparable and other rights of any nature whatsoever now or hereafter appurtenant or related to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy Land. All of the Premises foregoing property is hereinafter collectively defined as the “Property.” The listing of specific rights or Improvements and all building equipment, materials and supplies property shall not be interpreted as a limitation of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoinggeneral terms. TO HAVE AND TO HOLD the above granted Property and described Secured Property all the estate, right, title and interest in law and in equity, of Trustor in and to the Property, unto Trustee, and its successors and assignsassigns in fee simple forever, forever.upon the trusts, terms and conditions, and for the uses hereinafter set forth. DEED OF TRUST (NORTH CAROLINA) ▇▇▇▇▇ Fargo/▇▇▇▇ Properties/Cracker Barrel Loan ▇▇. ▇▇-▇▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇. ▇▇▇
Appears in 1 contract
Sources: Deed of Trust (Cole Credit Property Trust III, Inc.)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grantirrevocably GRANTS, conveyBARGAINS, mortgageWARRANTS, transferCONVEYS, bargainSELLS, and assign MORTGAGES AND ASSIGNS to Trustee, and successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the that real property located in the City of Bellevue, County of King, State of Washington, described in on Exhibit A attached hereto and --------- incorporated herein by reference made a part hereof, together with the Collateral (the "Premises"as defined herein);
(b) , all buildings and improvements other improvements, fixtures and equipment now or hereafter located on the Premises (the "Improvements");
(c) real property and all of the estate, right, title, claim interest, and privileges of Trustor now owned or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, hereafter acquired in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleysroads, passagesand alleys used in connection with or pertaining to such real property and any improvements thereon, sewer all development rights or credits, licenses and permits, air rights, waters, water courseswater, water rights and powerswater stock related to the real property, all timber, and all estatesminerals, rights, titles, interests, privileges, liberties, tenements, hereditamentsoil and gas, and appurtenances other hydrocarbon substances in, on or under the real property, and all licenses, appurtenances, reversions, remainders, easements, rights and rights of way appurtenant or related thereto; any nature whatsoeverand all rights of Trustor, in as a declarant or otherwise, under any way belongingcovenants, relating conditions, and restrictions now or hereafter pertaining to the Premises real property described on Exhibit A hereto, provided, however, that Beneficiary shall have no liability under such covenants, conditions, and Improvements (includingrestrictions unless and until Beneficiary forecloses on the real property; all buildings, without limitation, any other improvements and all development rights, air rights or similar or comparable rights of any nature whatsoever fixtures now or hereafter appurtenant to located on the Premises or now or hereafter transferred to the Premises) and real property, including, but not limited to, all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, appliances used in the operation or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or Improvements not attached or affixed to the real property (the “Improvements”); all interest or estate which Trustor may hereafter acquire in the property described above, and all building equipment, materials additions and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment")accretions thereto, and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoingforegoing (all of the foregoing being collectively referred to as the “Property”). TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, foreverThe listing of specific rights or property shall not be interpreted as a limit of general terms.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably mortgages, conveywarrants, mortgagegrants, transfer, bargain, and assign to Trustee, and successors conveys and assigns of Trustee, in trust for the benefit of Beneficiaryto Mortgagee, with power of sale and right of entry and possessionpossession and, all to the extent permitted by applicable law, power of Trustor's rightsale, title and interest, whether Mortgagor’s interest in the following now owned or hereafter acquired, in : (a) all of that tract or to parcel(s) of land and other real property interests described on Exhibit A attached hereto (the “Land”) and all of the following propertybuildings, rights improvements, structures and interests listed in subsections fixtures (aexcluding any equipment owned by Praxair, Inc., including any such equipment deemed to be a fixture (the "Praxair Equipment")) through now or subsequently located on the Land (i) below (hereinafter the “Improvements,” the Land and the Improvements being collectively referred to as the "Secured “Real Property"):
(a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises"”);
; (b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water way and rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable used in connection with the present or future operation and occupancy as a means of access to any portion of the Premises or Improvements Real Property; (c) all tenements, hereditaments and appurtenances thereof and thereto; (d) all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor Mortgagor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Equipment which may be subject Real Property, and any and all sidewalks, alleys and strips and gores of land adjacent to any security agreements or used in connection with the Real Property; (as defined e) all buildings, improvements, fixtures, equipment, and property (excluding the Praxair Equipment) now or hereafter built on or in, or affixed to, the Real Property, including but not limited to boilers, engines, motors, dynamos and generating equipment; computers, computer workstations and terminals used in the Uniform Commercial Code operation of building systems; telephone and other communications systems; piping and plumbing fixtures; stoves, ranges, cooking apparatus and mechanical kitchen equipment; dishwashers, clothes-dryers, refrigerators and freezers; cooling, heating, ventilating, sprinkling and vacuum cleaning systems; fire extinguishing apparatus and equipment; gas and electric fixtures; irrigation systems and equipment; carpeting and underpadding; fire alarm, security and access control systems; elevators, escalators, partitions, mantels, built-in mirrors, window shades, blinds, screens, storm sash and awnings; furniture and furnishings of public spaces, halls and lobbies; incinerating systems and equipment; and landscaping now or hereafter erected or located on the State in which Real Property (the Premises are located“Tangible Personalty”), superior in lien to the lien of this Deed of Trust;
; (f) all awards development rights, governmental or paymentsquasi-governmental licenses, including interest thereonpermits or approvals, zoning rights and the right to receive the same, other similar rights or interests which may be made with respect relate to the Premises development, use or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right)operation of, or for any other injury to that benefit or decrease in are appurtenant to, the value of the Premises or Improvements;
Real Property; (g) all proceeds of mineral rights, oil and any unearned premiums on any insurance policies covering the Premisesgas rights, Improvements air rights, water or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)water rights, including, including without limitation, the right to receive all ▇▇▇▇▇, canals, ditches and apply the proceeds reservoirs of any insurancenature and all rights thereto, judgmentsappurtenant to or associated with the Real Property, whether decreed or settlements undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any such rights; (h) all leases, licenses, rental agreements and other agreements of any kind relating to the use or occupancy of any of the Real Property, whether existing as of the date hereof or at any time hereafter entered into, together with all guarantees of and security for any tenant’s or lessee’s performance thereunder, and all amendments, extensions, renewals and modifications thereto (each, a “Lease” and collectively, the “Leases”), together with any and all other rents, income, receipts, revenues, issues, profits and other income of any nature now or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or from or arising out of the Real Property including minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents, forfeitures or liquidated damages following default in any Lease, all proceeds payable as a result of exercise of any option to purchase the Real Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any rights and claims of any kind that Mortgagor may have against any tenant under the Leases or any occupants of the Real Property (all of the above are hereafter collectively referred to as the “Rents”); (i) all interest or estate which Mortgagor now has or may hereafter acquire in the Real Property and all additions and accretions thereto; and (j) all awards or payments made for the taking of all or any portion of the Real Property by eminent domain or any proceeding or purchase in lieu thereof, for or any damage to any portion of the PremisesReal Property, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each the foregoing (all such property and related rights described in clauses (a) through (j) in this Section 1.1 are hereinafter individually and collectively referred to as the “Subject Property”). The listing of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, foreverspecific rights or property shall not be interpreted as a limitation of general terms.
Appears in 1 contract
Grant. For the purposes of Trustor grants, transfers, assigns, conveys and upon the terms and conditions in this ----- Deed of Trust, Trustor does hereby grant, convey, mortgage, transfer, bargain, and assign warrants to Trustee, and successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry its successors and possessionassigns, IN TRUST, WITH POWER OF SALE AND RIGHT OF ENTRY AND POSSESSION, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
(b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any all of the Equipment which following (collectively the “Subject Property”):
a. the leasehold interests in each of the parcels of real property described on Exhibit A that are identified as a “Leasehold Parcel” thereon (each a “Leasehold Parcel” and collectively the “Leasehold Parcels”), pursuant to each of the land lease agreements described on Exhibit B attached hereto and made a part hereof (as the same may be subject amended, restated, supplemented or otherwise modified from time to any security agreements time (as defined each a “Ground Lease” and collectively, the “Ground Leases”); and the leasehold estates in the Uniform Commercial Code Leasehold Parcels created by the Ground Leases, and all other rights of Trustor under the Ground Leases, including all of Trustor’s unexpired estate, title, interest and term of years by virtue of the State in which the Premises are located)Ground Leases and any and all credits, superior in lien deposits, options to the lien renew or extend, options to purchase, rights of this Deed first refusal, and any other rights and privileges of TrustTrustor thereunder;
(f) all awards or payments, including interest thereon, b. the rights-of-way and the right to receive the same, which may be made other interests granted in and with respect to the Premises or Improvements whether from the exercise each of the right parcels of eminent domain real property described on Exhibit A that are identified as a “BLM Parcel” thereon (including any transfer made in lieu each a “BLM Parcel” and collectively the “BLM Parcels”), pursuant to each of the exercise Right-of- Way Grant/Temporary Use Permits issued by the United States Department of said rightInterior Bureau of Land Management (the “BLM”) described on Exhibit B attached hereto and made a part hereof (as the same may be amended, restated, supplemented or otherwise modified from time to time (each a “BLM Grant” and collectively, the “BLM Grants”); and the easement estates in the BLM Parcels created by the BLM Grants, and all other rights of Trustor under the BLM Grants, including all of Trustor’s unexpired estate, title and interest by virtue of the BLM Grants and any and all credits, deposits, options to renew or for extend, and any other injury rights and privileges of Trustor thereunder. The Leasehold Parcels, and BLM Parcels are referred to or decrease in collectively as the value of the Premises or Improvements“Land”);
(g) c. all proceeds of and any unearned premiums on any insurance policies covering appurtenances now or hereafter belonging or in anywise appertaining to the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise)Land, including, without limitation, all easements, rights-of-way and rights used in connection with or as a means of access to any portion of the right Land, all right, title or interest of Trustor in and to receive any road or highway adjoining the Land or any part thereof and apply all strips and gores belonging, adjacent or pertaining to the proceeds Land; and any after-acquired title to any of the foregoing (all of the foregoing is referred to collectively as the “Appurtenances”);
d. All buildings, structures, replacements, furnishings, fixtures, fittings and other improvements and property of every kind and character now or hereafter located or erected on the Land and owned or purported to be owned by Trustor, or leased or purported to be leased to Trustor, together with all building or construction materials, equipment, appliances, machinery, fittings, apparatus, fixtures and other articles of any insurancekind or nature whatsoever now or hereafter found on, judgments, affixed to or settlements made in lieu thereof, for damage attached to the PremisesLand and owned or purported to be owned by Trustor or leased or purported to be leased to Trustor, (all of the foregoing is herein referred to collectively as the “Improvements”). The Land, Improvements or Equipmentand Appurtenances are herein referred to collectively as the “Real Estate”);
e. All equipment now or hereafter owned or purported to be owned by Trustor and used or useful in connection with the Real Estate, regardless of whether located on the Real Estate or located elsewhere including, without limitation, all rights of Trustor under any lease to equipment and fixtures and other items of personal property at any time (hall of the foregoing is herein referred to collectively as the “Equipment”);
f. All option rights, purchase or sale contracts, condemnation claims, demands, awards and settlement payments, insurance contracts, insurance payments and proceeds, unearned insurance premiums, warranties, guarantees, utility deposits, books and records and general intangibles of Trustor relating to the Real Estate or the Equipment and any other intangible property of Trustor related to the Real Estate, the Equipment, the Facility Transmission Line Interests or the Facility Common Facilities’ Interests (hereafter defined) whether now existing or hereafter obtained or arising (all of the rightforegoing is herein referred to collectively as the “Intangibles Rights and Interests”);
g. All rents, in issues, profits, royalties, avails, income and other benefits derived or owned by Trustor directly or indirectly from the name Real Estate or the Intangibles Rights and on behalf Interests (all of the foregoing is herein collectively called the “Revenues”);
h. All rights of Trustor, if any, to appear all plans and specifications, designs, drawings and other matters prepared in connection with the Real Estate or the Equipment (all of the foregoing is herein called the “Plans”);
i. All rights of Trustor under any contracts executed by Trustor with any provider of goods or services for or in connection with any construction, operation, maintenance or services performed or to be performed in connection with the Real Estate or the Equipment, including, without limitation, any construction contracts and management contracts (all of the foregoing are herein referred to collectively as the “Contracts for Construction or Services”);
j. All rights of Trustor in any permits, approvals, consents and other authorizations in connection with the Real Estate (all of the foregoing is herein referred to collectively as the “Permits”);
k. to the extent not included in (a) through (j) above, all rights of Trustor in and defend any action or proceeding brought with respect to the Premisesproperties, Improvements or Equipment easements, license agreements, crossing permits, right-of-way agreements, line crossing agreements and other rights in land running in favor of Trustor, structures, equipment and facilities, including, without limitation, those described in Exhibit C as the Facility Transmission Line Interests (the “Facility Transmission Line Interests”);
l. to the extent not included in (a) through (j) above, all rights of Trustor in and to commence any action or proceeding to protect the interest of Beneficiary properties, structures, equipment and facilities described in Exhibit D as the Premises, Improvements or EquipmentFacility Common Facilities’ Interests (the “Facility Common Facilities’ Interests”); and
(i) m. All other property or rights of Trustor of any kind or character related to the Real Estate, the Equipment, the Intangible Rights and Interests, the Revenues, the Plans, the Contracts for Construction or Services, the Permits, the Facility Transmission Line Interests or the Facility Common Facilities’ Interests, and all substitutions, replacements and additions thereto, whether now existing or hereafter acquired, and all proceeds (including insurance and condemnation proceeds) and products of each any of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forever.
Appears in 1 contract
Sources: Power Purchase Agreement (First Wind Holdings Inc.)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably grants, convey, mortgage, transfer, bargain, and assign to Trustee, and successors conveys and assigns of Trustee, in trust for the benefit of Beneficiaryto Mortgagee, with power of sale and right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, the leasehold interest in or to all of the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the real property located in the City of New York, County of New York, State of New York, described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises"“Real Property”) held by Mortgagor pursuant to that certain ground lease located at the Real Property and described in Schedule III attached hereto (the “Ground Lease”);
(b) , together with all buildings after acquired title in respect of the Real Property, and all right, title, interest and privileges of Mortgagor in and to all streets, ways, roads and alleys used in connection with or pertaining to the Real Property, and together with all development rights or credits, air rights, water, water rights and water stock related to such real property, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the real property, and all appurtenances, easements, rights and rights of way appurtenant or related thereto; all buildings, other improvements and fixtures now or hereafter located on the Premises (the "Improvements");
(c) all of the estateReal Property, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitationbut not limited to, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, appliances used in the operation or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or Improvements not attached or affixed to the real property (the “Improvements”); all interest or estate which Mortgagor may hereafter acquire in the property described above, and all building equipmentadditions and accretions thereto, materials and supplies the proceeds of any nature whatsoever owned of the foregoing (all of the foregoing being collectively referred to as the “Property”). The listing of specific rights or property shall not be interpreted as a limit of general terms. PROVIDED, ALWAYS, that if Mortgagor shall pay unto Mortgagee the principal of and interest on the Note, when and as the same shall become due and payable whether by Trustorny-1258362 acceleration or otherwise, or in which Trustor has or and shall have an interest, now or hereafter located upon the Premises or Improvements pay all Secured Obligations (collectively, the "Equipment"as hereinafter defined), and perform all obligations on its behalf contained in this Mortgage, the Project Loan Agreement and all of the other documents evidencing any of the Secured Obligations, then and in that case, the Property and the Collateral (as hereinafter defined) hereby conveyed and all rights and interests therein and thereto shall revert to Mortgagor and the estate, right, title and interest of Trustor Mortgagee therein shall thereupon cease, determine and become void and in such case Mortgagee shall execute and deliver to any of the Equipment which may be subject Mortgagor, pursuant to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located)Section 5.14 hereof, superior in lien to the lien at Mortgagor’s cost, an appropriate release, assignment or discharge of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right Mortgage in form to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, foreverrecorded.
Appears in 1 contract
Sources: Acquisition Loan Mortgage (KBS Strategic Opportunity REIT II, Inc.)
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor Grantor hereby has bargained, sold, given, granted and conveyed and does hereby grant, convey, mortgage, transfer, by these presents bargain, sell, give, grant and assign convey to Trustee, and his heirs, successors and assigns of Trusteeassigns, in trust trust, WITH POWER OF SALE for the benefit of Beneficiary▇▇▇▇▇▇, with power of sale all privileges and right of entry appurtenances thereto belonging, to ▇▇▇▇▇▇, his heirs, successors and possessionassigns, forever upon the trusts, terms and conditions and for the uses hereinafter set forth, all of Trustor's estate, right, title and interestinterest which Grantor now has or may hereafter acquire in, whether now owned to, under, or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections following: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the that real property (“Land”) located in county of Augusta, Virginia, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
this reference; (b) all buildings buildings, improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
Land; and (c) all of the estateadditions, rightaccretions, titlerents, claim or demand of any nature whatsoever of Trustorissues, either in law or in equityprofits, in possession or expectancyroyalties, in and to the Premises and the Improvements or any part thereof;
(d) all appurtenances, easements, rights-of-waywater, gores of land, streets, ways, alleys, passages, sewer water rights, waterswater stock, water coursesminerals, water rights and powers, and all estates, oil rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development gas rights, air rights or similar or comparable and other rights of any nature whatsoever now or hereafter appurtenant or related to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy Land. All of the Premises foregoing property is hereinafter collectively defined as the “Property.” The listing of specific rights or Improvements and all building equipment, materials and supplies property shall not be interpreted as a limitation of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoinggeneral terms. TO HAVE AND TO HOLD the above granted Property and described Secured Property all the estate, right, title and interest in law and in equity, of Grantor in and to the Property, unto Trustee, and its successors and assignsassigns in fee simple forever, foreverupon the trusts, terms and conditions, and for the uses hereinafter set forth.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does hereby grantMortgagor irrevocably mortgages, conveywarrants, mortgagegrants, transfer, bargain, and assign to Trustee, and successors conveys and assigns of Trustee, in trust for the benefit of Beneficiaryto Mortgagee, with power of sale and the right of entry and possession, all of Trustor's right, title and interest, whether now owned or hereafter acquired, in or to all of the following property, rights and interests listed in subsections ▇▇▇▇▇▇▇▇▇’s interest in: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the all real property located in Atchison, Pottawatomie and Wyandotte County, Kansas, and described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
hereto; (b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estate, right, title, claim or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancy, in and to the Premises and the Improvements or any part thereof;
(d) all easements, rights-of-wayway and rights used in connection with or as a means of access to any portion of said real property; (c) all tenements, hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Mortgagor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of landland adjacent to or used in connection with said real property; (e) all buildings, streets, ways, alleys, passages, sewer improvements and landscaping now or hereafter erected or located on said real property; (f) all development rights, watersgovernmental or quasi-governmental licenses, permits or approvals, zoning rights and other similar rights or interests which relate to the development, use or operation of, or that benefit or are appurtenant to, said real property; (g) all mineral rights, oil and gas rights, air rights, water courses, or water rights owned by Mortgagor, including without limitation, all ▇▇▇▇▇, canals, ditches and powersreservoirs of any nature and all rights thereto, appurtenant to or associated with said real property, whether decreed or undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all estatesshares of stock in any water, rightscanal, titles, interests, privileges, liberties, tenements, hereditamentsditch or reservoir company, and appurtenances all well permits, water service contracts, drainage rights and other evidences of any nature whatsoeversuch rights; (h) all, in any way belonging, relating or pertaining to the Premises and Improvements fixtures (including, without limitation, any all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and (i) all interest or estate which ▇▇▇▇▇▇▇▇▇ now has or may hereafter acquire in said real property and all development rightsadditions and accretions thereto, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying awards or payments made for the taking of all or any portion of said real property by eminent domain or any proceeding or purchase in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line lieu thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy any damage to any portion of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements said real property (collectively, the "Equipment"“Subject Property”), and the right, title and interest . The listing of Trustor in and to any specific rights or property shall not be interpreted as a limitation of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing. TO HAVE AND TO HOLD the above granted and described Secured Property unto Trustee, and its successors and assigns, forevergeneral terms.
Appears in 1 contract
Sources: Mortgage, Assignment of Rents and Leases, Security Agreement (MGP Ingredients Inc)
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor hereby has bargained, sold, given, granted and conveyed and does hereby grant, convey, mortgage, transfer, by these presents bargain, sell, give, grant and assign convey to Trustee, and his heirs, successors and assigns of Trusteeassigns, in trust trust, WITH POWER OF SALE for the benefit of Beneficiary, with power of sale all privileges and right of entry appurtenances thereto belonging, to Beneficiary, his heirs, successors and possessionassigns, forever upon the trusts, terms and conditions and for the uses hereinafter set forth, all of Trustor's estate, right, title and interestinterest which Trustor now has or may hereafter acquire in, whether now owned to, under, or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections following: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the that real property (“Land”) located in Mebane, county of Alamance, North Carolina, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
this reference; (b) all buildings buildings, improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
Land; and (c) all of the estateadditions, rightaccretions, titlerents, claim or demand of any nature whatsoever of Trustorissues, either in law or in equityprofits, in possession or expectancyroyalties, in and to the Premises and the Improvements or any part thereof;
(d) all appurtenances, easements, rights-of-waywater, gores of land, streets, ways, alleys, passages, sewer water rights, waterswater stock, water coursesminerals, water rights and powers, and all estates, oil rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development gas rights, air rights or similar or comparable and other rights of any nature whatsoever now or hereafter appurtenant or related to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy Land. All of the Premises foregoing property is hereinafter collectively defined as the “Property.” The listing of specific rights or Improvements and all building equipment, materials and supplies property shall not be interpreted as a limitation of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoinggeneral terms. TO HAVE AND TO HOLD the above granted Property and described Secured Property all the estate, right, title and interest in law and in equity, of Trustor in and to the Property, unto Trustee, and its successors and assignsassigns in fee simple forever, forever.upon the trusts, terms and conditions, and for the uses hereinafter set forth. DEED OF TRUST (NORTH CAROLINA) ▇▇▇▇▇ Fargo/▇▇▇▇ Properties/Cracker Barrel Loan ▇▇. ▇▇-▇▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇. ▇▇▇
Appears in 1 contract
Sources: Deed of Trust and Security Agreement (Cole Credit Property Trust III, Inc.)
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does including, without limitation, the recitals hereto which are hereby incorporated by reference, the Leasehold Mortgagor and the Fee Mortgagor, as applicable, irrevocably, unconditionally and absolutely grant, convey, mortgage, transfer, bargain, sell, pledge, assign, warrant, transfer and assign convey to Trusteethe Mortgagee, with all powers of sale (if any) and all statutory rights under the laws of the Commonwealth of Kentucky, and successors and assigns of Trustee, in trust for further grant to the benefit of Beneficiary, with power of sale and right of entry and possessionMortgagee a security interest in, all of Trustor's rightthe Leasehold Mortgagor’s and the Fee Mortgagor’s present and hereafter acquired estate, title rights, title, and interestinterests in, whether now owned or hereafter acquiredto, in or to all of and under the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"“Mortgaged Premises”):
(a) The Leasehold Mortgagor’s and the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
(b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estateFee Mortgagor’s respective estates, rightrights, title, claim interests, claims, and demand whatsoever that the Leasehold Mortgagor and/or the Fee Mortgagor now has or demand of any nature whatsoever of Trustorhereafter acquires, either in law or in equity, in possession or expectancy, of, in and to that certain real property located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Louisville, Kentucky 40208, as more particularly described on Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as the “Land”), together with their respective rights, title, and interests (whether now or in the future) in and to all buildings, structures and improvements now or hereafter erected on the Land, and in and to any and all fixtures, attachments, appliances, equipment, machinery, and other articles attached to said buildings, structures, and improvements (hereinafter collectively referred to as the “Improvements”), including without limitation, the leasehold estate and interest in and to the Premises Land and the Improvements created by the Ground Lease (including, without limitation, (i) all options to extend or any part thereof;renew the Ground Lease (and the leasehold estate for the term of each extension or renewal), (ii) all options and rights of first refusal contained in the Ground Lease to purchase the Land, and (iii) all of the Leasehold Mortgagor’s and the Fee ▇▇▇▇▇▇▇▇▇’s other rights, title, and interests in, to, and under the Ground Lease) (hereinafter collectively referred to as the “Leasehold Estate”); and
(db) all All and singular the easements, rights-of-way, gores licenses, permits, rights of landuse or occupancy, streetsprivileges, waystenements, alleysappendages, passages, sewer rights, waters, water courses, water hereditaments and appurtenances and other rights and powersprivileges attached or belonging to the Land, the Improvements, the Leasehold Estate, or in any wise appertaining thereto, whether now or in the future, and all estatesthe rents, rightsissues and profits from the Land, titlesthe Improvements, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to and/or the Premises and Improvements Leasehold Estate; and
(including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premisesc) and all The land lying in the bed of within any street, road or alley, avenue, opened roadway or proposed, right-of-way open or proposed or hereafter vacated in front of or adjoining the Premises Land; and all rights, title and interests, if any, of the Leasehold Mortgagor and/or the Fee Mortgagor in and to any strips and gores adjoining the center line thereof;Land; and
(ed) all All machinery, apparatus, equipment, fittingsgoods, systems, building materials, carpeting, furnishings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interestwhatsoever, now or hereafter located in or upon or affixed to the Premises or Land, the Improvements, the Leasehold Estate or appurtenances theretoany part thereof, or used or usable in connection with the any construction on or any present or future operation and occupancy of the Premises Land, the Improvements, or Improvements the Leasehold Estate, now owned or hereafter acquired by the Leasehold Mortgagor and/or the Fee Mortgagor, including, but without limitation of the generality of the foregoing: all heating, lighting, refrigerating, ventilating, air-conditioning, air-cooling, fire extinguishing, plumbing, cleaning, telephone, communications and power equipment, systems and apparatus, all elevators, switchboards, motors, pumps, screens, awnings, floor coverings, cabinets, partitions, conduits, ducts and compressors; and all building cranes and craneways, oil storage, sprinkler/fire protection and water service equipment; and also including any of such property stored on the Land or the Improvements or in warehouses and intended to be used in connection with or incorporated into the Land, the Improvements, or the Leasehold Estate or for the pursuit of any other activity in which the Leasehold Mortgagor and/or the Fee Mortgagor may be engaged on the Land or the Improvements, and including without limitation all heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air-conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, machinery, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, materials call systems, brackets, electrical signs, bulbs, bells, ash and supplies of any nature whatsoever owned by Trustorfuel, or in which Trustor has or shall have an interestconveyors, now or hereafter located upon the Premises or Improvements (collectivelycabinets, the "Equipment")lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers, and the rightother customary equipment, title together with all substitutions, accessions, repairs, additions and interest of Trustor in and replacements to any of the Equipment which may foregoing; it being understood and agreed that all such machinery, equipment, apparatus, goods, systems, fixtures, and property are a part of the Improvements and are declared to be subject to any a portion of the security agreements for the prompt payment of the “Guarantied Obligations” (as such term is defined in the Uniform Commercial Code of the State in which the Premises are locatedNon-Recourse Guaranty), superior in lien to the lien of this Deed of Trust;; and
(fe) Any and all awards awards, payments or paymentsinsurance proceeds, including interest thereon, and the right to receive the same, which may be made paid or payable with respect to the Premises Land, the Improvements, the Leasehold Estate, or Improvements whether from other properties described above as a result of: (i) the exercise of the right of eminent domain (including any transfer made or action in lieu thereof; or (ii) the alteration of the exercise grade of said right)any street; or (iii) any fire, casualty, accident, damage or for any other injury to or decrease in the value of the Premises Land, the Improvements, the Leasehold Estate or Improvements;other properties described above, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by the Leasehold Mortgagor, the Fee Mortgagor, or the Mortgagee, and of all counsel fees, costs, and disbursements incurred by the Mortgagee in connection with the collection of any such award or payment. The Leasehold Mortgagor and the Fee Mortgagor agree to execute and deliver, from time to time, such further instruments as may be requested by the Mortgagee to confirm such assignment to the Mortgagee of any such award or payment; and
(gf) all proceeds of All accounts receivable and any unearned premiums on any insurance policies covering right of the Leasehold Mortgagor and/or the Fee Mortgagor to payment for goods sold or leased or for services rendered, whether or not yet earned by performance, and whether or not evidenced by an instrument or chattel paper, arising from the operation of the Mortgaged Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive Leasehold Estate, now existing or hereafter created, substitutions therefor, proceeds thereof (whether cash or noncash, movable or immovable, tangible or intangible) received upon the sale, exchange, transfer, collection or other disposition or substitution thereof and apply any or all of the foregoing and proceeds therefrom; and
(g) All authorizations, licenses, permits, contracts, management agreements, franchise agreements, and occupancy and other certificates concerning the ownership, use and operation of any insurance, judgments, or settlements made in lieu thereof, for damage to the Mortgaged Premises, Improvements or Equipment;including, without limitation, the Leasehold Estate; and
(h) All monies on deposit for the right, in payment of real estate taxes or special assessments against the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Mortgaged Premises, Improvements including, without limitation, the Leasehold Estate, or Equipment for the payment of premiums on policies of fire and to commence any action or proceeding to protect other hazard insurance covering the interest of Beneficiary in the Mortgaged Premises, Improvements or Equipmentincluding, without limitation, the Leasehold Estate; and
(i) All names in which the Leasehold Mortgagor and/or the Fee Mortgagor has an interest under or by which the Mortgaged Premises, including, without limitation, the Leasehold Estate, may at any time be operated or known, and all proceeds rights to carry on business under any such names or any variant thereof, and all trademarks, trade names, patents, patents pending and goodwill with respect to the Mortgaged Premises, including, without limitation, the Leasehold Estate; and
(j) All shares of each stock or partnership interest or other evidence of ownership of any part of the Mortgaged Premises, including, without limitation, the Leasehold Estate, that is owned by the Leasehold Mortgagor and/or the Fee Mortgagor in common with others, including all water stock relating to the Mortgaged Premises, including, without limitation, the Leasehold Estate, if any, and all documents of membership in any owners’ or members’ association or similar group having responsibility for managing or operating any part of the Mortgaged Premises, including, without limitation, the Leasehold Estate, and any management or other similar agreements; and
(k) All plans and specifications prepared for the construction of any improvements on the Mortgaged Premises and all studies, data and drawings related thereto to the extent assignable; and all contracts and agreements of the Leasehold Mortgagor and/or the Fee Mortgagor relating to the aforesaid plans and specifications or to the aforesaid studies, data and drawings, or to the construction of improvements on the Mortgaged Premises, including, without limitation, the Leasehold Estate, to the extent assignable; and
(l) All of the Leasehold Mortgagor’s rights, title, and interests in, to and under any and all reserve, deposit or escrow accounts made pursuant to any Loan Document with respect to the Mortgaged Premises, including, without limitation, the Leasehold Estate, together with all income, profits, benefits and advantages arising therefrom; and
(m) All goods, accounts, general intangibles, chattel paper, instruments, documents, consumer goods, equipment and inventory owned by the Leasehold Mortgagor and/or the Fee Mortgagor in connection with the operation of the Mortgaged Premises, including, without limitation, the Leasehold Estate, and/or located on or used in the operation of the Mortgaged Premises, including, without limitation, the Leasehold Estate; and
(n) All substitutions, accessions, additions, and replacements to any of the foregoing. TO HAVE AND TO HOLD ; and
(o) All products and proceeds of any of the above granted and described Secured Property unto Trusteeforegoing, whether cash or noncash, or with respect to the Mortgaged Premises, including without limitation, insurance proceeds, proceeds of any voluntary or involuntary disposition or diminution in value of any of the foregoing or of the Mortgaged Premises, and its successors any claim respecting any thereof (pursuant to judgment, condemnation award or otherwise) and assignsall goods, foreveraccounts, general intangibles, chattel paper, instruments, documents, consumer goods, equipment and inventory, wherever located, acquired with the proceeds of any of the foregoing or proceeds thereof. The parties intend the definition of Mortgaged Premises to be broadly construed and in the case of doubt as to whether a particular item is to be included in the definition of Mortgaged Premises, the doubt should be resolved in favor of inclusion. In the event that the Leasehold Mortgagor and/or the Fee Mortgagor acquires any estate or interest in the Land, the Improvements, or the Leasehold Estate after the date of this Mortgage, including, without limitation, any fee title interest, estate for years, easement or other estate or interest in real property, this Mortgage shall automatically create a lien on any and all after-acquired property, without further action or acknowledgement of the parties, with the same force and effect and the same priority as if the Leasehold Mortgagor and/or the Fee Mortgagor, as applicable, owned such interest on the date of the recording of this Mortgage and such estate and interest shall be encumbered hereby and shall be deemed to be included in the definition of “Mortgaged Premises” as used herein.
Appears in 1 contract
Sources: Second Fee and Leasehold Mortgage
Grant. For the purposes of and upon Upon the terms and conditions in this Mortgage, Mortgagor ----- Deed of Trustirrevocably grants, Trustor does hereby grantbargains, conveysells, mortgageconveys, transferassigns, bargainMORTGAGES and WARRANTS to Mortgagee, and assign to Trustee, and its successors and assigns of Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possessionassigns, all of TrustorMortgagor's right, title and interestinterest in all of the real property located in the City of ▇▇▇▇▇▇▇, County of Lake, State of Indiana described on Exhibit A attached hereto and made a part --------- hereof (the "Land"), together with and including, without limitation:
(a) all right, title and interest of Mortgagor whether now owned or hereafter acquired, in or to any real property lying within the right of way of any street, open or proposed, which adjoins any of said Land and any and all sidewalks, bridges, elevated walkways, tunnels, alleys, strips and gores of the following propertyreal property adjacent to, rights and interests listed connecting or used in subsections connection with any of said Land (a) through (i) below (hereinafter collectively referred to as collectively, the "Secured Adjacent Property"):
(a) the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
(b) all buildings buildings, structures and all other improvements and fixtures that are, or that may be hereafter erected or placed on, or in, the Land and all right, title and interest of Mortgagor which is now owned or hereafter located on acquired, in or to, all buildings, structures and all other improvements and fixtures that are, or that may be hereafter, erected or placed on, or in, any of the Premises Adjacent Property (collectively, the "Improvements");
(c) all water rights and conditional water rights that are now, or may hereafter be, appurtenant to, used in connection with or intended for use in connection with the Land, the Adjacent Property and/or the Improvements including, without limitation: (i) ditch, well, pipeline, spring and reservoir rights, whether or not adjudicated or evidenced by any well or other permit; (ii) all rights with respect to groundwater underlying the Land or the Adjacent Property; (iii) any permit to construct any water well, water from which is intended to be used in connection with the Land, the Adjacent Property; and (iv) all of Mortgagor's right, title and interest under any decreed or pending plan of augmentation or water exchange plan (collectively, the "Water Rights", and together with the Land, the Adjacent Property and the Improvements, the "Real Estate");
(d) all right, title and interest of Mortgagor in, and under, all leases, subleases, licenses, concessions, franchises and other use or occupancy agreements now or hereafter relating to any of the Real Estate and all renewals, extensions, amendments, restatements and other modifications thereof (collectively, the "Leases") subject, however, to the absolute assignment given to Mortgagee in Article 3 hereof entitled Assignment of Leases and Rents, and to which Article this grant to Mortgagee is subject and subordinate;
(e) all present and future rents, issues, products, earnings, revenues, payments, profits, royalties and other proceeds and income of the Real Estate, and of any activities conducted thereon or in connection therewith, regardless of whether such proceeds or income accrue by virtue of the Leases, or otherwise (collectively, the "Rents") subject, however, to the absolute assignment given to Mortgagee in Article 3 hereof entitled Assignment of Leases and Rents, and to which Article this grant to Mortgagor is subject and subordinate; and
(f) all and singular the tenements, easements, hereditaments and appurtenances now, or hereafter, belonging to or in any wise appertaining to the Real Estate and/or the Rents and the reversion and reversions, remainder and remainders thereof and all the estate, right, title, interest or other claim which Mortgagor now has or demand of any nature whatsoever of Trustor, either in law or in equity, in possession or expectancyhereafter may acquire of, in and to the Premises and Real Estate, the Improvements or Leases, the Rents and/or any part thereof;
(d) all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy of the Premises or Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements appurtenances thereto (collectively, the "EquipmentOther Interests"). The Real Estate, the Leases, the Rents and the right, title and interest of Trustor in and Other Interests are hereinafter collectively referred to any of as the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoing"Property". TO HAVE AND TO HOLD the above Property, properties, rights and privileges hereby granted and described Secured Property or assigned, or intended so to be, unto TrusteeMortgagee, and its successors and assigns, foreverforever for the uses and purposes herein set forth subject only to the ECHC Permitted Encumbrances (as defined in the Credit Agreement).
Appears in 1 contract
Sources: Senior Mortgage With Absolute Assignment of Leases and Rents (Hammond Residential LLC)
Grant. For the purposes of and upon the terms and conditions in of this ----- Deed of Trust, Trustor Grantor hereby has bargained, sold, given, granted and conveyed and does hereby grant, convey, mortgage, transfer, by these presents bargain, sell, give, grant and assign convey to Trustee, and his heirs, successors and assigns of Trusteeassigns, in trust trust, WITH POWER OF SALE for the benefit of BeneficiaryLender, with power of sale all privileges and right of entry appurtenances thereto belonging, to Lender, his heirs, successors and possessionassigns, forever upon the trusts, terms and conditions and for the uses hereinafter set forth, all of Trustor's estate, right, title and interestinterest which Grantor now has or may hereafter acquire in, whether now owned to, under, or hereafter acquired, in derived from any or to all of the following property, rights and interests listed in subsections following: (a) through (i) below (hereinafter collectively referred to as the "Secured Property"):
(a) the that real property (“Land”) located in county of Washington, Virginia, and more particularly described in on Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
this reference; (b) all buildings buildings, improvements and improvements fixtures now or hereafter located on the Premises (the "Improvements");
Land; and (c) all of the estateadditions, rightaccretions, titlerents, claim or demand of any nature whatsoever of Trustorissues, either in law or in equityprofits, in possession or expectancyroyalties, in and to the Premises and the Improvements or any part thereof;
(d) all appurtenances, easements, rights-of-waywater, gores of land, streets, ways, alleys, passages, sewer water rights, waterswater stock, water coursesminerals, water rights and powers, and all estates, oil rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and Improvements (including, without limitation, any and all development gas rights, air rights or similar or comparable and other rights of any nature whatsoever now or hereafter appurtenant or related to the Premises or now or hereafter transferred to the Premises) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof;
(e) all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements, or appurtenances thereto, or usable in connection with the present or future operation and occupancy Land. All of the Premises foregoing property is hereinafter collectively defined as the “Property.” The listing of specific rights or Improvements and all building equipment, materials and supplies property shall not be interpreted as a limitation of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Premises or Improvements (collectively, the "Equipment"), and the right, title and interest of Trustor in and to any of the Equipment which may be subject to any security agreements (as defined in the Uniform Commercial Code of the State in which the Premises are located), superior in lien to the lien of this Deed of Trust;
(f) all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises or Improvements whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Premises or Improvements;
(g) all proceeds of and any unearned premiums on any insurance policies covering the Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Premises, Improvements or Equipment;
(h) the right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Premises, Improvements or Equipment and to commence any action or proceeding to protect the interest of Beneficiary in the Premises, Improvements or Equipment; and
(i) all proceeds of each of the foregoinggeneral terms. TO HAVE AND TO HOLD the above granted Property and described Secured Property all the estate, right, title and interest in law and in equity, of Grantor in and to the Property, unto Trustee, and its successors and assignsassigns in fee simple forever, foreverupon the trusts, terms and conditions, and for the uses hereinafter set forth.
Appears in 1 contract
Grant. For the purposes of and upon the terms and conditions in this ----- Deed of TrustMortgage, Trustor does including, without limitation, the recitals hereto which are hereby incorporated by reference, the Leasehold Mortgagor and the Fee Mortgagor, as applicable, irrevocably, unconditionally and absolutely grant, convey, mortgage, transfer, bargain, sell, pledge, assign, warrant, transfer and assign convey to Trusteethe Mortgagee, with all powers of sale (if any) and all statutory rights under the laws of the Commonwealth of Kentucky, and successors and assigns of Trustee, in trust for further grant to the benefit of Beneficiary, with power of sale and right of entry and possessionMortgagee a security interest in, all of Trustor's rightthe Leasehold Mortgagor’s and the Fee Mortgagor’s present and hereafter acquired estate, title rights, title, and interestinterests in, whether now owned or hereafter acquiredto, in or to all of and under the following property, rights and interests listed in subsections (a) through (i) below (hereinafter collectively referred to as the "Secured Property"“Mortgaged Premises”):
(a) The Leasehold Mortgagor’s and the real property described in Exhibit A attached hereto and --------- incorporated herein by reference (the "Premises");
(b) all buildings and improvements now or hereafter located on the Premises (the "Improvements");
(c) all of the estateFee Mortgagor’s respective estates, rightrights, title, claim interests, claims, and demand whatsoever that the Leasehold Mortgagor and/or the Fee Mortgagor now has or demand of any nature whatsoever of Trustorhereafter acquires, either in law or in equity, in possession or expectancy, of, in and to that certain real property located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Louisville, Kentucky 40208, as more particularly described on Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as the “Land”), together with their respective rights, title, and interests (whether now or in the future) in and to all buildings, structures and improvements now or hereafter erected on the Land, and in and to any and all fixtures, attachments, appliances, equipment, machinery, and other articles attached to said buildings, structures, and improvements (hereinafter collectively referred to as the “Improvements”), including without limitation, the leasehold estate and interest in and to the Premises Land and the Improvements created by the Ground Lease (including, without limitation, (i) all options to extend or any part thereof;renew the Ground Lease (and the leasehold estate for the term of each extension or renewal), (ii) all options and rights of first refusal contained in the Ground Lease to purchase the Land, and (iii) all of the Leasehold Mortgagor’s and the Fee Mortgagor’s other rights, title, and interests in, to, and under the Ground Lease) (hereinafter collectively referred to as the “Leasehold Estate”); and
(db) all All and singular the easements, rights-of-way, gores licenses, permits, rights of landuse or occupancy, streetsprivileges, waystenements, alleysappendages, passages, sewer rights, waters, water courses, water hereditaments and appurtenances and other rights and powersprivileges attached or belonging to the Land, the Improvements, the Leasehold Estate, or in any wise appertaining thereto, whether now or in the future, and all estatesthe rents, rightsissues and profits from the Land, titlesthe Improvements, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to and/or the Premises and Improvements Leasehold Estate; and
(including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to the Premises or now or hereafter transferred to the Premisesc) and all The land lying in the bed of within any street, road or alley, avenue, opened roadway or proposed, right-of-way open or proposed or hereafter vacated in front of or adjoining the Premises Land; and all rights, title and interests, if any, of the Leasehold Mortgagor and/or the Fee Mortgagor in and to any strips and gores adjoining the center line thereof;Land; and
(ed) all All machinery, apparatus, equipment, fittingsgoods, systems, building materials, carpeting, furnishings, fixtures and other property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interestwhatsoever, now or hereafter located in or upon or affixed to the Premises or Land, the Improvements, the Leasehold Estate or appurtenances theretoany part thereof, or used or usable in connection with the any construction on or any present or future operation and occupancy of the Premises Land, the Improvements, or Improvements the Leasehold Estate, now owned or hereafter acquired by the Leasehold Mortgagor and/or the Fee Mortgagor, including, but without limitation of the generality of the foregoing: all heating, lighting, refrigerating, ventilating, air-conditioning, air-cooling, fire extinguishing, plumbing, cleaning, telephone, communications and power equipment, systems and apparatus, all elevators, switchboards, motors, pumps, screens, awnings, floor coverings, cabinets, partitions, conduits, ducts and compressors; and all building cranes and craneways, oil storage, sprinkler/fire protection and water service equipment; and also including any of such property stored on the Land or the Improvements or in warehouses and intended to be used in connection with or incorporated into the Land, the Improvements, or the Leasehold Estate or for the pursuit of any other activity in which the Leasehold Mortgagor and/or the Fee Mortgagor may be engaged on the Land or the Improvements, and including without limitation all heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air-conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, machinery, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, materials call systems, brackets, electrical signs, bulbs, bells, ash and supplies of any nature whatsoever owned by Trustorfuel, or in which Trustor has or shall have an interestconveyors, now or hereafter located upon the Premises or Improvements (collectivelycabinets, the "Equipment")lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers, and the rightother customary equipment, title together with all substitutions, accessions, repairs, additions and interest of Trustor in and replacements to any of the Equipment foregoing; it being understood and agreed that all such machinery, equipment, apparatus, goods, systems, fixtures, and property are a part of the Improvements and are declared to be a portion of the security for the prompt payment of the “Secured Obligations” (as such term is hereinafter defined) together with interest, charges and prepayment fees, if any, thereon in accordance with the terms of the Note and the Guaranty, and any additional indebtedness accruing to the Mortgagee on account of any future payments, advances or expenditures made by the Mortgagee pursuant to the terms of the Note, the Guaranty, or this Mortgage and any additional sums with interest thereon which may be subject loaned to any security agreements the Borrower by the Mortgagee or advanced under the “Loan Documents” (as such term is defined in the Uniform Commercial Code of the State in which the Premises are locatedNote), superior whether in lien single units or centrally controlled, and whether physically attached to the lien of this Deed of Trust;said real estate or not; and
(fe) Any and all awards awards, payments or paymentsinsurance proceeds, including interest thereon, and the right to receive the same, which may be made paid or payable with respect to the Premises Land, the Improvements, the Leasehold Estate, or Improvements whether from other properties described above as a result of: (i) the exercise of the right of eminent domain (including any transfer made or action in lieu thereof; or (ii) the alteration of the exercise grade of said right)any street; or (iii) any fire, casualty, accident, damage or for any other injury to or decrease in the value of the Premises Land, the Improvements, the Leasehold Estate or Improvements;other properties described above, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by the Leasehold Mortgagor, the Fee Mortgagor, or the Mortgagee, and of all counsel fees, costs, and disbursements incurred by the Mortgagee in connection with the collection of any such award or payment. The Leasehold Mortgagor and the Fee Mortgagor agree to execute and deliver, from time to time, such further instruments as may be requested by the Mortgagee to confirm such assignment to the Mortgagee of any such award or payment; and
(gf) all proceeds of All accounts receivable and any unearned premiums on any insurance policies covering right of the Leasehold Mortgagor and/or the Fee Mortgagor to payment for goods sold or leased or for services rendered, whether or not yet earned by performance, and whether or not evidenced by an instrument or chattel paper, arising from the operation of the Mortgaged Premises, Improvements or Equipment (regardless of whether such proceeds or premiums are derived from insurance policies which Trustor is required to obtain hereunder or otherwise), including, without limitation, the right to receive Leasehold Estate, now existing or hereafter created, substitutions therefor, proceeds thereof (whether cash or noncash, movable or immovable, tangible or intangible) received upon the sale, exchange, transfer, collection or other disposition or substitution thereof and apply any or all of the foregoing and proceeds therefrom; and
(g) All authorizations, licenses, permits, contracts, management agreements, franchise agreements, and occupancy and other certificates concerning the ownership, use and operation of any insurance, judgments, or settlements made in lieu thereof, for damage to the Mortgaged Premises, Improvements or Equipment;including, without limitation, the Leasehold Estate; and
(h) All monies on deposit for the right, in payment of real estate taxes or special assessments against the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Mortgaged Premises, Improvements including, without limitation, the Leasehold Estate, or Equipment for the payment of premiums on policies of fire and to commence any action or proceeding to protect other hazard insurance covering the interest of Beneficiary in the Mortgaged Premises, Improvements or Equipmentincluding, without limitation, the Leasehold Estate; and
(i) All names in which the Leasehold Mortgagor and/or the Fee Mortgagor has an interest under or by which the Mortgaged Premises, including, without limitation, the Leasehold Estate, may at any time be operated or known, and all proceeds rights to carry on business under any such names or any variant thereof, and all trademarks, trade names, patents, patents pending and goodwill with respect to the Mortgaged Premises, including, without limitation, the Leasehold Estate; and
(j) All shares of each stock or partnership interest or other evidence of ownership of any part of the Mortgaged Premises, including, without limitation, the Leasehold Estate, that is owned by the Leasehold Mortgagor and/or the Fee Mortgagor in common with others, including all water stock relating to the Mortgaged Premises, including, without limitation, the Leasehold Estate, if any, and all documents of membership in any owners’ or members’ association or similar group having responsibility for managing or operating any part of the Mortgaged Premises, including, without limitation, the Leasehold Estate, and any management or other similar agreements; and
(k) All plans and specifications prepared for the construction of any improvements on the Mortgaged Premises and all studies, data and drawings related thereto to the extent assignable; and all contracts and agreements of the Leasehold Mortgagor and/or the Fee Mortgagor relating to the aforesaid plans and specifications or to the aforesaid studies, data and drawings, or to the construction of improvements on the Mortgaged Premises, including, without limitation, the Leasehold Estate, to the extent assignable; and
(l) All of the Leasehold Mortgagor’s rights, title, and interests in, to and under any and all reserve, deposit or escrow accounts made pursuant to any Loan Document with respect to the Mortgaged Premises, including, without limitation, the Leasehold Estate, together with all income, profits, benefits and advantages arising therefrom; and
(m) All goods, accounts, general intangibles, chattel paper, instruments, documents, consumer goods, equipment and inventory owned by the Leasehold Mortgagor and/or the Fee Mortgagor in connection with the operation of the Mortgaged Premises, including, without limitation, the Leasehold Estate, and/or located on or used in the operation of the Mortgaged Premises, including, without limitation, the Leasehold Estate; and
(n) All substitutions, accessions, additions, and replacements to any of the foregoing. TO HAVE AND TO HOLD ; and
(o) All products and proceeds of any of the above granted and described Secured Property unto Trusteeforegoing, whether cash or noncash, or with respect to the Mortgaged Premises, including without limitation, insurance proceeds, proceeds of any voluntary or involuntary disposition or diminution in value of any of the foregoing or of the Mortgaged Premises, and its successors any claim respecting any thereof (pursuant to judgment, condemnation award or otherwise) and assignsall goods, foreveraccounts, general intangibles, chattel paper, instruments, documents, consumer goods, equipment and inventory, wherever located, acquired with the proceeds of any of the foregoing or proceeds thereof. The parties intend the definition of Mortgaged Premises to be broadly construed and in the case of doubt as to whether a particular item is to be included in the definition of Mortgaged Premises, the doubt should be resolved in favor of inclusion. In the event that the Leasehold Mortgagor and/or the Fee Mortgagor acquires any estate or interest in the Land, the Improvements, or the Leasehold Estate after the date of this Mortgage, including, without limitation, any fee title interest, estate for years, easement or other estate or interest in real property, this Mortgage shall automatically create a lien on any and all after-acquired property, without further action or acknowledgement of the parties, with the same force and effect and the same priority as if the Leasehold Mortgagor and/or the Fee Mortgagor, as applicable, owned such interest on the date of the recording of this Mortgage and such estate and interest shall be encumbered hereby and shall be deemed to be included in the definition of “Mortgaged Premises” as used herein.
Appears in 1 contract
Sources: First Fee and Leasehold Mortgage