Common use of Fixtures and Personal Property Clause in Contracts

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or the Improvements, or appurtenant thereto, and used in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 11 contracts

Samples: Mortgage and Security Agreement (Butler International Inc /Md/), Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust), Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)

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Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 10 contracts

Samples: Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 7 contracts

Samples: Mortgage and Security Agreement (Cedar Income Fund LTD /Md/), Mortgage and Security Agreement (Baker J Inc), Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures, inventory and goods) and other property of every kind and nature whatsoever owned by BorrowerMortgagor, or in which Borrower Mortgagor has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerMortgagor, or in which Borrower Mortgagor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower Mortgagor in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state State or states States where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 6 contracts

Samples: Security Agreement (Chrysler Group LLC), Guaranty and Security Agreement (General Motors Co), Guaranty and Security Agreement (General Motors Co)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) ), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 6 contracts

Samples: Security Agreement and Fixture Filing (Moody National REIT I, Inc.), Security Agreement and Fixture Filing (Brookfield DTLA Fund Office Trust Investor Inc.), Security Agreement and Fixture Filing (Glimcher Realty Trust)

Fixtures and Personal Property. All machinery, equipment, goods, inventory, consumer goods, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property")Improvements, and the right, title and interest of Borrower in and to any of the Personal Property (as hereinafter defined) which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 5 contracts

Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) fixtures and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 5 contracts

Samples: Trust and Security Agreement (Corporate Property Associates 15 Inc), Trust and Security Agreement (Corporate Property Associates 15 Inc), Trust and Security Agreement (Corporate Property Associates 15 Inc)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures, inventory and goods) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state State or states States where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 4 contracts

Samples: Security Agreement, Restatement Agreement (KBS Real Estate Investment Trust, Inc.), And Security Agreement (KBS Real Estate Investment Trust, Inc.)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) , inventory and goods), including, but not limited to, the Park Owned Homes, and all other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state State or states States where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 3 contracts

Samples: Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Mortgage and Security Agreement (Manufactured Housing Properties Inc.), Filing and Security Agreement (Manufactured Housing Properties Inc.)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by by, as applicable, the state or states where any of the Property is located or the state of formation of Borrower (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 3 contracts

Samples: Disturbance and Attornment Agreement (American Assets Trust, Inc.), Deed of Trust and Security Agreement (American Assets Trust, Inc.), Security Agreement (American Assets Trust, Inc.)

Fixtures and Personal Property. All machinery, equipment, goods, inventory, consumer goods, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property")Improvements, and the right, title and interest of Borrower in and to any of the Personal Property (as hereinafter defined) which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial CodeUNIFORM COMMERCIAL CODE"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 3 contracts

Samples: Escrow Agreement (First Potomac Realty Trust), Escrow Agreement (First Union Real Estate Equity & Mortgage Investments), Trust and Security Agreement (First Potomac Realty Trust)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) trade fixtures and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, including without limitation, letter of credit rights, deposit accounts, payment intangibles, investment property, electronic chattel paper, timber to be cut and farm animals and, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument Instrument, and all proceeds and products of all of the above;

Appears in 2 contracts

Samples: Convertible Promissory Notes        Agreement (Minrad International, Inc.), Mortgage and Security Agreement (Polymer Research Corp of America)

Fixtures and Personal Property. All machinery, equipment, goods, inventory, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property")Improvements, and the right, title and interest of Borrower in and to any of the Personal Property (as hereinafter defined) which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 2 contracts

Samples: Security Agreement (Reading International Inc), Mortgage and Security Agreement (Gladstone Commercial Corp)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal PropertyPERSONAL PROPERTY"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial CodeUNIFORM COMMERCIAL CODE"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 2 contracts

Samples: And Consolidated Mortgage and Security Agreement (Alexanders Inc), And Consolidated Mortgage and Security Agreement (Alexanders Inc)

Fixtures and Personal Property. All machinery, equipment, goods, inventory, consumer goods, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property")Improvements, and the right, title and interest of Borrower in and to any of the Personal Property (as hereinafter defined) which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 2 contracts

Samples: Defined Terms (Fairchild Corp), Trust and Security Agreement (First Potomac Realty Trust)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by BorrowerMortgagor, or in which Borrower Mortgagor has or shall have an interest, now or hereafter located upon the Land or the Improvements, or appurtenant thereto, and used in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerMortgagor, or in which Borrower Mortgagor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower Mortgagor in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 2 contracts

Samples: Guaranty and Suretyship Agreement (Cv Reit Inc), Real Estate Purchase Agreement (Cv Reit Inc)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 2 contracts

Samples: Non Disturbance and Attornment Agreement (American Assets Trust, Inc.), Deed of Trust and Security Agreement (American Assets Trust, Inc.)

Fixtures and Personal Property. All machinery, equipment, goods, inventory, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property (as hereinafter defined) which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial CodeUNIFORM COMMERCIAL CODE"), superior in lien to the lien of this Security Instrument Mortgage and all proceeds and products of the above;

Appears in 2 contracts

Samples: Loan Agreement (Red Trail Energy, LLC), Loan Agreement (Red Trail Energy, LLC)

Fixtures and Personal Property. All goods, furnishings, work in progress, machinery, equipment, fixtures (including, but not limited to including all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by BorrowerMortgagor, or in which Borrower Mortgagor has or shall have an interest, now or hereafter located upon the Land Leasehold Estate or the Improvements, or appurtenant thereto, and used in connection with the present or future operation and occupancy of the Land Leasehold Estate and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerMortgagor, or in which Borrower Mortgagor has or shall have an interest, now or hereafter located upon the Land Leasehold Estate and the Improvements, or appurtenant thereto, or used in connection with the present or future operation and occupancy of the Land Leasehold Estate and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower Xxxxxxxxx in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property Leasehold Estate is located (the "Uniform Commercial Code" or "UCC"), superior in lien to the lien Lien of this Security Instrument and all proceeds and products of the above;

Appears in 2 contracts

Samples: Lightstone Value Plus Real Estate Investment Trust, Inc., Lightstone Value Plus Real Estate Investment Trust, Inc.

Fixtures and Personal Property. All machinery, equipment, furniture, furnishings, fixtures (including, but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by BorrowerSPTMRT, or in which Borrower SPTMRT has or shall have an interest, now or hereafter located upon the Land or the Improvements, or appurtenant thereto, and used in connection with the present or future operation and occupancy of the Land and the Improvements Improvements, and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerSPTMRT, or in which Borrower SPTMRT has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property")Improvements, and the right, title and interest of Borrower SPTMRT in and to any of the Personal Property other tangible property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial CodeUNIFORM COMMERCIAL CODE"), superior in lien to the lien of this Security Instrument and all proceeds and products of the aboveabove (collectively, the "PERSONAL PROPERTY");

Appears in 1 contract

Samples: Revolving Loan Agreement (Senior Housing Properties Trust)

Fixtures and Personal Property. All machinery, equipment, fixtures ------------------------------ (including, but not limited to including all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used or contemplated to be used in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and used or contemplated to be used in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Kilroy Realty Corp

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by BorrowerGrantor, or in which Borrower Grantor has or shall have an interest, now or hereafter located upon the Land or the Improvements, or appurtenant thereto, and used in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerGrantor, or in which Borrower Grantor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower Grantor in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Trust and Security Agreement (Pennsylvania Real Estate Investment Trust)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;,

Appears in 1 contract

Samples: Pyramid Breweries Inc

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Trust and Security Agreement (Innovative Micro Technology Inc)

Fixtures and Personal Property. All machinery, equipment, goods, inventory, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property (as hereinafter defined) which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument Mortgage and all proceeds and products of the above;

Appears in 1 contract

Samples: Loan Agreement (Red Trail Energy, LLC)

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Fixtures and Personal Property. All machinery, equipment., fixtures (including, but not limited to to, all heating, air conditioning, plumbing, ,. lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, interest now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Extension Agreement (Unitel Video Inc/De)

Fixtures and Personal Property. All machinery, equipment, goods, inventory, consumer goods, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property")Improvements, and the right, title and interest of Borrower in and to any of the Personal Property (as hereinafter defined which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial CodeUNIFORM COMMERCIAL CODE"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) ), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal PropertyPERSONAL PROPERTY"), and the right, title and interest of Borrower Xxxxxxxx in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial CodeUNIFORM COMMERCIAL CODE"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: And Security Agreement (Inland Western Retail Real Estate Trust Inc)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter later located upon the Land or and the Improvements, or appurtenant theretoto them, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter later located upon the Land and the Improvements, or appurtenant theretoto them, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and including the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument Instrument, and all proceeds and products of all of the above;

Appears in 1 contract

Samples: Security Agreement

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) fixtures and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state State or states States where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument ) and all proceeds and products of the above;

Appears in 1 contract

Samples: Clear (Corporate Property Associates 15 Inc)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property Properly which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property Properly is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Mortgage And (Resource Real Estate Opportunity REIT, Inc.)

Fixtures and Personal Property. All machinery, equipment, machinery (other than any tractors or trailers, whether or not located upon the Land) and fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interestinterest (other than Inventory, as such term is defined in the Uniform Commercial Code (defined below)), now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements and accessions thereof and renewals and replacements thereof and substitutions therefor together with Borrower's interest in, and right to any and all manuals, computer programs, software, data bases and other materials relating to the use, operation or structure of any of the foregoing (collectively, the "Personal Property"), and including the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of all of the above;

Appears in 1 contract

Samples: Credit Agreement (Moore Handley Inc /De/)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by by, as applicable, the state or states where any of the Property is located or the state of formation of Borrower (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;; (f)

Appears in 1 contract

Samples: Trust and Security Agreement

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) ), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by BorrowerMortgagor, or in which Borrower Mortgagor has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerMortgagor, or in which Borrower Mortgagor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower Xxxxxxxxx in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Par Petroleum Corp/Co)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) ), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an a legal ownership interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an a legal ownership interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property in which any security interest may be subject to any security interestsobtained, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: And Security Agreement (Glimcher Realty Trust)

Fixtures and Personal Property. All machinery, equipment, furniture, furnishings, fixtures (including, but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by BorrowerSPTBROOK, or in which Borrower SPTBROOK has or shall have an interest, now or hereafter located upon the Land or the Improvements, or appurtenant thereto, and used in connection with the present or future operation and occupancy of the Land and the Improvements Improvements, and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerSPTBROOK, or in which Borrower SPTBROOK has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property")Improvements, and the right, title and interest of Borrower SPTBROOK in and to any of the Personal Property other tangible property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial CodeUNIFORM COMMERCIAL CODE"), superior in lien to the lien of this Security Instrument and all proceeds and products of the aboveabove (collectively, the "PERSONAL PROPERTY");

Appears in 1 contract

Samples: Revolving Loan Agreement (Senior Housing Properties Trust)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) ), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: FSP 50 South Tenth Street Corp

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) furniture, furnishing, inventory and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or the ImprovementsImprovements but excluding property of Borrower's manager, or appurtenant thereto, and used in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Fee and Leasehold Mortgage and Security Agreement (Konover Property Trust Inc)

Fixtures and Personal Property. All machinery, equipment, goods, inventory, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by BorrowerGrantor, or in which Borrower Grantor has or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerGrantor, or in which Borrower Grantor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property")Improvements, and the right, title and interest of Borrower Grantor in and to any of the Personal Property (as hereinafter defined) which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Trust and Security Agreement (Columbia Equity Trust, Inc.)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, the Project Equipment, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or and the Improvementsimprovements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state State or states States where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument Document and all proceeds and products of the above;; provided, however, that except for replacements or proceeds of Personal Property originally acquired in whole or part with Lenders' funds, Personal Property shall not include equipment, machinery or furnishings purchased or financed after Project Completion solely with funds obtained from sources other than Lenders.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Fibercore Inc)

Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) ), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by BorrowerBorrowers, or in which Borrower has Borrowers have or shall have an interest, now or hereafter located upon the Land or and the Improvements, or appurtenant thereto, and used usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by BorrowerBorrowers, or in which Borrower has Borrowers have or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower Borrowers in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

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