The Mortgaged Property. (A) All of the land in the County of _________, State of ________, described on EXHIBIT A attached hereto and made a part hereof, to have and to hold the same, together with each and every tenement, hereditament, easement, right, power, privilege, immunity, and appurtenance thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and also the estate, right, title, interest, homestead, right of dower, separate estate, property, possession, and claim whatsoever in law as well as in equity of Mortgagor of, in, and to the same in every part and parcel thereof unto Mortgagee in leasehold title pursuant to the lease described on EXHIBIT B attached hereto. The real property described on Exhibit A is commercial property and does not constitute the homestead of any individual. (i) All personal property and fixtures now or hereafter affixed to or located on the property described in Paragraph A hereof which is deemed to be fixtures and a part of the real property under applicable law; (ii) all articles of personal property and all materials delivered to the property described in Paragraph A hereof for use in any way thereof, and owned by Mortgagor; (iii) all contract rights, general intangibles, actions, and rights in action, including, without limitation, all rights to insurance policies and proceeds; (iv) all equipment including, without limitation, parts, accessories, attachments, special tools, additions, and accessions thereto; and (v) all proceeds, products, replacements, additions, substitutions, renewals, and accessions of any of the foregoing items. This Mortgage is a self-operative security agreement with respect to the above described property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements, and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. Mortgagee shall have all the rights and remedies, in addition to those specified herein, of a secured party under the _________ Uniform Commercial Code. (C) All rents, issues, profits, revenue, income, accounts, proceeds, and other benefits flowing or derived from the property described in Paragraphs (A) and (B) hereof, provided, however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, and use such benefits from the property as they become due and payable, but not in advance thereof. Everything referred to in Paragraphs (A), (B), and (C) hereof, and any additional property hereafter acquired by Mortgagor and subject to the lien of this Mortgage, or any part of these properties, is herein referred to as the "Mortgaged Property." PROVIDED, HOWEVER, that this Mortgage secures a maximum of $1,600,000.00 of the Obligations of the Mortgagor to the Mortgagee; and PROVIDED ALWAYS, that if Mortgagor shall pay to Mortgagee all sums due under the Loan at the time and in the manner stipulated in the Loan Documents, and in all other instruments securing the Loan, and faithfully perform all the covenants and agreements in this Mortgage, and in all other instruments securing the Loan, to be kept, performed, or observed by Mortgagor, then this Mortgage shall cease and be void.
Appears in 1 contract
Sources: Leasehold Mortgage and Security Agreement (Holiday Rv Superstores Inc)
The Mortgaged Property. (A) All of the land in the County of _________, State of ________, described on EXHIBIT Exhibit A attached hereto and made a part hereof, to have and to hold the same, together with each and every tenement, hereditament, easement, right, power, privilege, immunity, and appurtenance thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and also the estate, right, title, interest, homestead, right of dower, separate estate, property, possession, and claim whatsoever in law as well as in equity of Mortgagor of, in, and to the same in every part and parcel thereof unto Mortgagee in leasehold title pursuant to the lease described on EXHIBIT B attached heretofee simple. The real property described on Exhibit A is commercial property and does not constitute the homestead of any individual.
(i) All personal property and fixtures now or hereafter affixed to or located on the property described in Paragraph A hereof which is deemed to be fixtures and a part of the real property under applicable law; (ii) all articles of personal property and all materials delivered to the property described in Paragraph A hereof for use in any way thereof, and owned by Mortgagor; (iii) all contract rights, general intangibles, actions, and rights in action, including, without limitation, all rights to insurance policies and proceeds; (iv) all equipment including, without limitation, parts, accessories, attachments, special tools, additions, and accessions thereto; and (v) all proceeds, products, replacements, additions, substitutions, renewals, and accessions of any of the foregoing items. This Mortgage is a self-operative security agreement with respect to the above described property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements, and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. Mortgagee shall have all the rights and remedies, in addition to those specified herein, of a secured party under the _________ Uniform Commercial Code.
(C) All rents, issues, profits, revenue, income, accounts, proceeds, and other benefits flowing or derived from the property described in Paragraphs (A) and (B) hereof, provided, however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, and use such benefits from the property as they become due and payable, but not in advance thereof. Everything referred to in Paragraphs (A), (B), and (C) hereof, and any additional property hereafter acquired by Mortgagor and subject to the lien of this Mortgage, or any part of these properties, is herein referred to as the "Mortgaged Property." PROVIDED, HOWEVER, that this Mortgage secures a maximum of $1,600,000.00 of the Obligations of the Mortgagor to the Mortgagee; and PROVIDED ALWAYS, that if Mortgagor shall pay to Mortgagee all sums due under the Loan at the time and in the manner stipulated in the Loan Documents, and in all other instruments securing the Loan, and faithfully perform all the covenants and agreements in this Mortgage, and in all other instruments securing the Loan, to be kept, performed, or observed by Mortgagor, then this Mortgage shall cease and be void.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Holiday Rv Superstores Inc)
The Mortgaged Property. (A) All That certain piece or parcel of the land in the County of _________land, State of ________, more particularly bounded and described on EXHIBIT A Exhibit A, attached hereto and made a part hereofhereof (the “Land”); TOGETHER WITH the buildings, foundations, structures and improvements (including all fixtures other than fixtures owned by tenants under the Leases (as hereinafter defined) and in which Mortgagor has no interest) now or hereafter located on or in the Land (collectively, the “Improvements”; the Land and Improvements are sometimes collectively referred to have and to hold herein as the same, together with each and every tenement, hereditament, easement, “Premises” or the “Development”); TOGETHER WITH all right, power, privilege, immunity, title and appurtenance thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and also the estate, right, title, interest, homesteadif any, right of dower, separate estate, property, possession, and claim whatsoever in law as well as in equity of Mortgagor of, in, in and to the same in every part streets and parcel thereof unto Mortgagee in leasehold title pursuant roads, opened or proposed, abutting the Land, all strips and gores within or adjoining the Land, the air space and right to use the lease described on EXHIBIT B attached hereto. The real property described on Exhibit A is commercial property air space above the Land, all rights of ingress and does not constitute egress to and from the homestead Land, all easements, rights of any individual.
(i) All personal property way, reversions, remainders, hereditaments, and fixtures appurtenances now or hereafter affixed affecting the Premises, all royalties, rights and privileges appertaining to or located on the property described in Paragraph A hereof which is deemed to be fixtures use and a part enjoyment of the real property under applicable law; (ii) Premises, including all articles of personal property air, lateral support, alley, drainage, water, oil, gas, electric and mineral rights, all options to purchase or lease, and all materials delivered other interests, estates or claims, at law or in equity, which Mortgagor now has or hereafter may acquire in or with respect to Premises (collectively, the “Appurtenances”); partitions, built-in cases, counters and other fixtures whether or not included in the foregoing enumeration (collectively, the “Fixtures”); TOGETHER WITH all right, title and interest of ▇▇▇▇▇▇▇▇▇ in and to any and all subsidy contracts with respect to the property described in Paragraph A hereof for use in any way thereof, and owned by Mortgagor; (iii) all contract rights, general intangibles, actions, and rights in actionDevelopment, including, without limitation, any subsidy contract with the federal government, the State of Connecticut, any town, city or municipal entity, or any other entity for the benefit of the Development or the tenants in the Development (collectively, the “Subsidy Contracts”); TOGETHER WITH all rights equipment, fittings, furniture, furnishings, appliances, apparatus, and machinery in which Mortgagor now or hereafter has a possessory, leasehold, title or other interest and now or hereafter installed in or on the Premises and all building materials, supplies and equipment now or hereafter delivered to the Premises and intended to be installed therein, other goods and personal property of whatever kind and nature now contained on or in or hereafter placed on or in the Premises and used or to be used in connection with the letting or operation thereof, in which Mortgagor now has or hereafter may acquire a possessory, leasehold, title or other interest and all renewals or replacements of any of the foregoing property or articles in substitution thereof (collectively, the “Equipment”); TOGETHER WITH all right, title and interest of ▇▇▇▇▇▇▇▇▇ in and under all Accounts (including Health-Care-Insurance Receivables), Goods (including Inventory, Equipment and any Accessions thereto), Deposit Accounts, Documents, Documents of Title, Inventory, Records, Instruments, Chattel Paper (whether tangible or electronic), General Intangibles (including payment intangibles), Investment Property, Letter-of- Credit Rights (whether the letter of credit is evidenced in writing), Money, insurance policies and proceeds; insurance claims, Supporting Obligations and Proceeds (iv) all equipment as each of the foregoing capitalized terms are defined in the Uniform Commercial Code, as such is adopted and in effect in the State of Connecticut, including, without limitation, partsTitle 42a of the Connecticut General Statutes, accessories, attachments, special tools, additionsas amended (the “UCC”)), and accessions thereto; and (v) all proceedscontract rights, productsmoney, replacementssecurity deposits, additionsinsurance or tax reserves deposited with Mortgagee, substitutions, renewals, and accessions rights of any of the foregoing items. This Mortgage is a self-operative security agreement Mortgagor under contracts with respect to the above described propertyPremises or any portion thereof, but Mortgagor agrees to execute copyrights, service-marks, other intellectual property and deliver on demand such other security agreementsany goodwill associated therewith, financing statementstrade-marks, franchises, books, records, drawings, plans, specifications, permits, licenses, approvals, actions and other instruments as Mortgagee may request in order to perfect its security interest causes of action which now or to impose the lien hereof more specifically upon any of such property. Mortgagee shall have all the rights and remedieshereafter relate to, in addition to those specified herein, of a secured party under the _________ Uniform Commercial Code.
(C) All rents, issues, profits, revenue, income, accounts, proceeds, and other benefits flowing or are derived from or are used in connection with the property described Premises or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (collectively, the “Personal Property”); TOGETHER WITH all present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in Paragraphs force, whether oral or written, covering or affecting the Premises, or any portion of the Premises (A) and (B) hereof, provided, however, that permission including proprietary leases or occupancy agreements if Mortgagor is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, and use such benefits from the property as they become due and payable, but not in advance thereof. Everything referred to in Paragraphs (A), (Ba cooperative housing corporation), and all modifications, extensions or renewals thereof (C) hereofcollectively, the “Leases”); TOGETHER WITH all rents (whether from residential or non-residential space), revenues and other income from the Premises, including subsidy payments received from any sources, including payments under any Subsidy Contract or other rental subsidy agreement (if any), parking fees, laundry and vending machine income and fees and charges for food, health care and other services provided at the Premises, whether now due, past due, or to become due, and tenant security deposits (collectively, the “Property Income”); any additional property hereafter acquired condemnation or taking of the Premises by Mortgagor and subject eminent domain or any casualty, loss of, or damage to any of the Premises, the Appurtenances, the Equipment, the Personal Property, the Fixtures, the Leases, or the Property Income, all refunds with respect to the lien payment of this Mortgageproperty taxes and assessments, and all other proceeds of the conversion, voluntary or involuntary, of any ground lease, the Premises, the Appurtenances, the Equipment, the Personal Property, the Fixtures, the Leases or the Property Income, or any part of these propertiesthereof, is herein into cash or liquidated claims (collectively, the “Proceeds”). The Fixtures, Subsidy Contracts, Equipment, the Personal Property, the Leases, the Property Income, and the Proceeds are hereinafter sometimes collectively referred to as the "“Collateral” and the Mortgagor’s leasehold, title or other interest, as applicable, in and to the Premises, the Appurtenances, and the Collateral are hereinafter sometimes collectively referred to as the “Mortgaged Property." PROVIDED, HOWEVER, that this Mortgage secures a maximum of $1,600,000.00 of ” or the Obligations of the Mortgagor to the Mortgagee; and PROVIDED ALWAYS, that if Mortgagor shall pay to Mortgagee all sums due under the Loan at the time and in the manner stipulated in the Loan Documents, and in all other instruments securing the Loan, and faithfully perform all the covenants and agreements in this Mortgage, and in all other instruments securing the Loan, to be kept, performed, or observed by Mortgagor, then this Mortgage shall cease and be void.“Property”. THE CONDITION OF THIS DEED IS SUCH that:
Appears in 1 contract
Sources: Restrictive Covenants Agreement