Grant in Trust. In consideration of the foregoing and for the purpose of securing payment and performance of the Secured Obligations defined and described in Section 2, Trustor hereby irrevocably and unconditionally grants, conveys, transfers and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all estate, right, title and interest which Trustor now has or may later acquire in and to the Land, and all of the following, whether presently owned or hereafter acquired: a. All buildings, structures, and improvements, now or hereafter located or constructed on the Land (“Improvements”); b. All appurtenances, easements, rights of way, pipes, transmission lines or wires and other rights used in connection with the Land or the Improvements or as a means of access thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Improvements and all existing and future privileges, rights, franchises and tenements of the Land, including all minerals, oils, gas and other commercially valuable substances which may be in, under or produced from any part of the Land, and all water rights, rights of way, gores or strips of land, and any land lying in the streets, ways, and alleys, open or proposed, in front of or adjoining the Land and Improvements (collectively, “Appurtenances”); c. All machinery, equipment, fixtures, goods and other personal property of the Trustor, whether moveable or not, now owned or hereafter acquired by the Trustor and now or hereafter located at or used in connection with the Land, the Improvements or Appurtenances, and all improvements, restorations, replacements, repairs, additions or substitutions thereto (collectively, “Equipment”); d. All existing and future leases, subleases, licenses, and other agreements relating to the use or occupancy of all or any portion of the Land or Improvements (collectively, “Leases”), all amendments, extensions, renewals or modifications thereof, and all rent, royalties, or other payments which may now or hereafter accrue or otherwise become payable thereunder to or for the benefit of Trustor, including but not limited to security deposits (collectively, “Rents”); e. All insurance proceeds and any other proceeds from the Land, Improvements, Appurtenances, Equipment, Leases, and Rents, including without limitation, all deposits made with or other security deposits given to utility companies, all claims or demands relating to insurance awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made by Trustor, and all condemnation awards or payments now or later made in connection with any condemnation or eminent domain proceeding (“Proceeds”); f. All revenues, income, rents, royalties, payments and profits produced by the Land, Improvements, Appurtenances and Equipment, whether now owned or hereafter acquired by Trustor (“Gross Revenues”); g. All architectural, structural and mechanical plans, specifications, design documents and studies produced in connection with development of the Land and construction of the Improvements (collectively, “Plans”); and h. All interests and rights in any private or governmental grants, subsidies, loans or other financing provided in connection with development of the Land and construction of the Improvements (collectively, “Financing”). All of the above-referenced interests of Trustor in the Land, Improvements, Appurtenances, Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans and Financing as hereby conveyed to Trustee or made subject to the security interest herein described are collectively referred to herein as the “Property.”
Appears in 2 contracts
Sources: Affordable Housing Regulatory Agreement, Development Agreement
Grant in Trust. In consideration of the foregoing and for the purpose of securing payment and performance of the Secured Obligations defined and described in Section 2, The Trustor hereby irrevocably and unconditionally grants, conveys, transfers and assigns to the Trustee, in trust for the benefit of Beneficiarytrust, with power of sale and right of entry and possession, all estate, the entire right, title and interest which of Trustor in and to that certain real property ("Land") situated in Los Angeles County, State of California, and more particularly described in Exhibit A attached hereto and made a part hereof, all right, title and interest that the Trustor otherwise now has or may hereafter acquire in the Land, together with all right, title and interest that the Trustor now has or may later hereafter acquire in and to the Land, and all of the following, whether presently owned or hereafter acquiredin:
a. (i) All buildings, structures, and improvements, fixtures, equipment and appurtenances now and hereafter owned, constructed, located, erected, installed or hereafter located affixed by or constructed on behalf of the Trustor upon or appurtenant to the Land and all replacements and substitutions therefor (“Improvements”"Facilities");
b. (ii) All appurtenances, improvements, easements, rights of way, pipes, transmission lines or wires and other rights used in connection with the Land or the Improvements or as a means of access thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Improvements and all existing and future privileges, rights, franchises and tenements of the Land, including all minerals, oils, gas and other commercially valuable substances which may be in, under or produced from any part of the Land, and all water rights, rights of way, gores or strips of land, and any land lying in the streets, ways, and alleys, open or proposed, in front of or adjoining the Land and Improvements Facilities (collectively, “"Appurtenances”");
c. (iii) All machinery, equipment, fixtures, goods equipment and other personal property of the Trustor, whether moveable or not, now owned or hereafter acquired by Trustor if the Trustor and same is now or hereafter located at or used in connection with the Land, the Improvements or AppurtenancesFacilities, and all improvementsreplacements and substitutions therefor, restorationsexcluding however, replacementsmachinery, repairsequipment and
(iv) All leases or subleases with respect to the Land, additions or substitutions thereto Facilities, Appurtenances and Equipment (collectively, “Equipment”"Leases");
d. (v) All existing and future leases, subleases, licenses, and other agreements relating to the use or occupancy of all or any portion of the Land or Improvements (collectively, “Leases”), all amendments, extensions, renewals or modifications thereof, and all rent, royalties, rentals or other payments which may now or hereafter accrue or otherwise become payable thereunder under the Leases to or for the benefit of Trustorthe Trustor together with all other income, including but not limited to security deposits rents, revenues, issues, profits, produced by the Land, Facilities, Appurtenances and Equipment (collectivelycollectively the "Rents"); and
(vi) All earnings, “Rents”);
e. All accounts, products, inventory, damages, indemnifications, insurance proceeds and any other proceeds from the any and all of such Land, ImprovementsFacilities, Appurtenances, Equipment, LeasesLeases and Rents including specifically, and Rents, including but without limitation, all deposits made with or other security deposits given to utility companies, all companies and claims or demands relating to insurance or condemnation awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made by Trustor, and all condemnation awards or payments now or later made in connection the Trustor with any condemnation or eminent domain proceeding respect thereto (“"Proceeds”);
f. All revenues, income, rents, royalties, payments and profits produced by the Land, Improvements, Appurtenances and Equipment, whether now owned or hereafter acquired by Trustor (“Gross Revenues”);
g. All architectural, structural and mechanical plans, specifications, design documents and studies produced in connection with development of the Land and construction of the Improvements (collectively, “Plans”"); and
h. All interests and rights in any private or governmental grants, subsidies, loans or other financing provided in connection with development of the Land and construction of the Improvements (collectively, “Financing”). All of the above-above referenced interests of Trustor in the Land, ImprovementsFacilities, Appurtenances, Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans Rents and Financing Proceeds as hereby conveyed to the Trustee or made subject to the security interest herein described are collectively referred to herein as the “"Property.”" The Trustor warrants and agrees that as of the date of recording of this Deed of Trust it has not entered into any sales agreement, option, assignment, sublease, pledge, mortgage, deed of trust, financing statement, security agreement or any other arrangement regarding the Property apart from the transactions referenced in or secured by this Deed of Trust and has not nor will execute any document or instrument referring to or covering the Property, or any part thereof, and no such documents or instruments are on file, recorded or in effect in any public office, other than Permitted Encumbrances and agrees that the Property is, and shall be, kept free from any lien, security interest, encumbrance or any other interest other than the Permitted Encumbrances. FOR THE PURPOSE OF SECURING:
Appears in 2 contracts
Sources: Collateralized Note Indenture (Huntway Partners L P), Collateralized Note Indenture (Huntway Partners L P)
Grant in Trust. In consideration of the foregoing and for For the purpose of securing payment and performance of the Secured Obligations defined and described in Section 21.2, Trustor hereby irrevocably and unconditionally grants, conveys, transfers and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all estate, right, title and interest which Trustor now has or may later acquire in and to the following property (all or any part of such property, or any interest in all or any part of it, together with the Personalty (as hereinafter defined) being hereinafter collectively referred to as the “Property”):
(a) the real property located in the County of San ▇▇▇▇▇▇▇, State of California, as described in Exhibit A attached hereto (the “Land”), together with all existing and future easements and rights affording access to the Land; and
(b) all of the following, whether presently owned or hereafter acquired:
a. All buildings, structures, structures and improvements, improvements now or hereafter located or later to be constructed on the Land (the “Improvements”);; and
b. All appurtenances, easements, rights of way, pipes, transmission lines or wires and other rights used in connection with the Land or the Improvements or as a means of access thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Improvements and (c) all existing and future appurtenances, privileges, rights, franchises easements, and tenements of the Land, including all minerals, oilsoil, gas gas, other hydrocarbons and any other commercially valuable substances which may be in, under or produced from any part of the Land, all development rights and all water credits, air rights, water, water rights of way(whether riparian, gores appropriative or strips of landotherwise, and whether or not appurtenant), and any land lying in the streets, ways, and alleysroads or avenues, open or proposed, in front of or adjoining the Land and Improvements Improvements; and
(collectivelyd) all rents, “Appurtenances”);
c. All machinery, equipment, fixtures, goods issues and other personal property profits of or from the sale or lease of the TrustorLand or the Improvements; and
(e) all Fixtures (as that term is hereinafter defined); and
(f) all proceeds, whether moveable including all claims to and demands for them, of the voluntary or not, now owned or hereafter acquired by the Trustor and now or hereafter located at or used in connection with involuntary conversion of any of the Land, the Improvements or Appurtenancesthe other property described above into cash or liquidated claims, including proceeds of any insurance policies, present and all improvementsfuture, restorations, replacements, repairs, additions or substitutions thereto (collectively, “Equipment”);
d. All existing and future leases, subleases, licenses, and other agreements relating payable because of loss sustained to the use or occupancy of all or any portion part of the Land any Property, whether or Improvements (collectively, “Leases”), all amendments, extensions, renewals or modifications thereof, and all rent, royalties, or other payments which may now or hereafter accrue or otherwise become payable thereunder to or for the benefit of Trustor, including but not limited to security deposits (collectively, “Rents”);
e. All such insurance proceeds and any other proceeds from the Land, Improvements, Appurtenances, Equipment, Leases, and Rents, including without limitation, all deposits made with or other security deposits given to utility companies, all claims or demands relating to insurance awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made policies are required by Trustor, Beneficiary 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 (“Proceeds”);
f. All revenuesproceeding, income, rents, royalties, payments and profits produced by all causes of action and their proceeds for any damage or injury to the Land, Improvementsthe Improvements or the other property described above or any part of them, Appurtenances and Equipment, whether now owned or hereafter acquired by Trustor (“Gross Revenues”);
g. All architectural, structural and mechanical plans, specifications, design documents and studies produced breach of warranty in connection with development of the Land and construction of the Improvements (collectivelyImprovements, “Plans”)including causes of action arising in tort, contract, fraud or concealment of a material fact; and
h. All interests (g) all additions and rights in accretions to, substitutions and replacements for, and changes in, any private or governmental grants, subsidies, loans or other financing provided in connection with development of the Land and construction of the Improvements (collectively, “Financing”). All of the property described above-referenced interests of Trustor in the Land, Improvements, Appurtenances, Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans and Financing as hereby conveyed to Trustee or made subject to the security interest herein described are collectively referred to herein as the “Property.”
Appears in 1 contract
Sources: Deed of Trust (Cost Plus Inc/Ca/)
Grant in Trust. In consideration of the foregoing and for the purpose of securing payment and performance of the Secured Obligations defined and described in Section 2, Trustor hereby irrevocably and unconditionally grants, bargains, sells, transfers, conveys, transfers sets over and assigns to Trustee, in trust 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 the property and rights listed in paragraphs (a) through (t) below (hereinafter collectively referred to as the "Property"):
(a) The Site Leasehold Estate;
(b) The Geothermal Leasehold Estates;
(c) The Easement Estates;
(d) All Improvements constructed, installed or placed, and to be constructed, installed or placed by or for Trustor in, on or under the Land, including any alterations or replacements;
(e) All Water Rights, including, for purposes of clarity, the Water Rights described on Exhibit D;
(f) All easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, utility rights, sewer rights, air rights and development rights, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Site Leasehold Estate, the Geothermal Leasehold Estates, the Easement Estates or Improvements and all the estates, rights, titles, interests, property, possession, claim and demand whatsoever, both in law and in equity, of Trustor of, in and to the Land and the Improvements, with the appurtenances thereto whether now owned or hereafter acquired by Trustor;
(g) All Fixtures and accessions thereof and renewals, replacements thereof and substitutions therefor, now or hereafter located upon the Land or the Improvements, or appurtenances thereto;
(h) All awards of payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property to the extent actually received by Trustor, whether from the exercise of the right of eminent domain (including, but not limited to, any transfer or part thereof made in lieu of or in anticipation of the exercise of said right), or for any other injury to or decrease in the value of the Property;
(i) All appurtenances in respect of or otherwise relating to the Site Lease, the Geothermal Leases or the documents or instruments creating the Easement Estates (collectively, the "Easement Agreements"), including, without limitation, renewal option and expansion rights, and all estate and rights of Trustor of, in and to (i) all modifications, extensions and renewals of the Site Lease, the Geothermal Leases or the Easement Agreements and all rights to renew or extend the term thereof, (ii) all credits to and deposits of Trustor under the Site Lease, the Geothermal Leases or the Easement Agreements, (iii) all other options and privileges granted, assigned and demised to Trustor under the Site Lease, the Geothermal Leases or the Easement Agreements, (iv) all of the right and privilege of Trustor to terminate, cancel, abridge, surrender, merge, modify or amend the Site Lease, the Geothermal Leases or the Easement Agreements, and (v) any and all possessory rights of Trustor and other rights or privileges of possession, including, without limitation, Trustor's right to elect to remain in possession of the Land or Site Leasehold Estate or the Geothermal Leasehold Estates pursuant to Section 365(h)(1) of the United States Bankruptcy Code (11 U.S.C. §101 et seq.) (the "Bankruptcy Code");
(j) All of Trustor's claims and rights to damages and any other remedies in connection with or arising from the rejection of the Site Lease, any of the Geothermal Leases by the lessor under the Site Lease or any of the Geothermal Leases by the lessor thereunder or of any Easement Agreement by the grantor under any Easement Agreement (including any successors and assigns of such lessors and grantors, "Fee Owner") or any trustee, custodian or receiver appointed pursuant to the Bankruptcy Code in the event that there shall be filed by or against any Fee Owner any petition, action or proceeding under the Bankruptcy Code or under any other similar federal or state law now or hereafter in effect (collectively, "Fee Owner's Bankruptcy");
(k) All proceeds of and any unearned premiums on any property insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments (including with respect to a casualty thereto or condemnation thereof), or settlements made in lieu thereof, for damage to the Property;
(l) The right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Beneficiary in the Property, subject to the terms of the Financing Documents;
(m) All real estate, possessory interest and personal property tax refunds or rebates or charges in lieu of taxes now or hereafter assessed or levied against the Property, including interest thereon, and the right to receive the same, whether such refunds or rebates relate to fiscal periods before or during the term of this Deed of Trust, payable to Trustor with respect to the Property, and refunds, credits or reimbursements payable with respect to bonds, escrow accounts or other sums payable in connection with the use, occupation, enjoyment, development, operation or ownership of the Property;
(n) To the extent assignable, all of Trustor's right, title and interest in and to all abstracts of title, plans, specifications, operating manuals, computer programs, computer data, maps, surveys, studies, reports, permits and licenses, governmental approvals, appraisals, architectural, engineering and construction contracts, books of account, insurance policies and other documents, of whatever kind or character, relating to the Project;
(o) All right, title and interest of every nature of Trustor in all receivables and other accounts of Trustor (x) arising out of any sale, lease or other transfer of any interest in all or any portion of the Property, (y) in connection with any insurance policies covering all or any portion of the Property, and (z) any and all moneys deposited by Trustor or deposited on behalf of Trustor with any city, county, public body or agency, irrigation, sewer, or water district or company, gas or electric company, telephone company, and any other body or agency, for the installation, or to secure the installation of, any utility pertaining to the Property;
(p) All rights, titles, interests, estates or other claims, both in law and in equity, which Trustor now has or may later hereafter acquire in and to the Land, and all of the following, whether presently owned or hereafter acquired:
a. All buildings, structures, and improvements, now or hereafter located or constructed on the Land (“Improvements”);
b. All appurtenances, easements, rights of way, pipes, transmission lines or wires and other rights used in connection with the Land or the Improvements or as a means of access thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Improvements in and all existing and future privileges, rights, franchises and tenements of the Land, including all minerals, oils, gas and other commercially valuable substances which may be in, under or produced from to any part of the Land, and all water rights, rights of way, gores or strips of land, and any land lying greater estate in the streets, ways, Land or in and alleys, open or proposed, to any greater estate in front of or adjoining the Land and Improvements (collectively, “Appurtenances”)Property;
c. (q) All machineryof Trustor's right, equipment, fixtures, goods title and other personal interest in and to all property of the Trustor, whether moveable or not, now owned or hereafter acquired or constructed by the Trustor and now or hereafter located at or used in connection with the LandLand which shall forthwith, upon acquisition or construction thereof by Trustor and without any act or deed by Trustor or Beneficiary, become subject to the Improvements lien of this Deed of Trust as if such property were now owned by Trustor and were specifically described in this Deed of Trust and were specifically conveyed or Appurtenancesencumbered hereby, and all improvementsincluding, restorations, replacements, repairs, additions or substitutions thereto (collectively, “Equipment”)without limitation the Personal Property;
d. All existing (r) Any liens and future leases, subleases, licenses, and other agreements relating to security interests in favor of Trustor securing payment of proceeds from the sale of energy (including station use or occupancy of all or any portion of the Land or Improvements (collectively, “Leases”credits), all amendmentsancillary services or environmental credits (including portfolio energy credits) from the Project including, extensions, renewals or modifications thereof, and all rent, royalties, or other payments which may now or hereafter accrue or otherwise become payable thereunder to or for the benefit of Trustor, including but not limited to to, those liens and security deposits (collectively, “Rents”)interests provided for under the Nevada Uniform Commercial Code;
e. (s) All insurance proceeds and any other proceeds from the Land, Improvements, Appurtenances, Equipment, Leases, and Rents, including without limitation, all deposits made with or other security deposits given to utility companies, all claims or demands relating to insurance awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made by Trustor, and all condemnation awards or payments now or later made in connection with any condemnation or eminent domain proceeding (“Proceeds”);
f. All revenues, income, rents, royalties, payments and profits produced by the Land, Improvements, Appurtenances and Equipment, whether now owned or hereafter acquired by Trustor (“Gross Revenues”);
g. All architectural, structural and mechanical plans, specifications, design documents and studies produced in connection with development of the Land and construction of the Improvements (collectively, “Plans”)Required Approvals; and
h. (t) All interests products and rights in any private or governmental grants, subsidies, loans or other financing provided in connection with development Proceeds of the Land and construction of foregoing. The Property shall not include the Improvements (collectively, “Financing”). All of the above-referenced interests of Trustor in the Land, Improvements, Appurtenances, Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans and Financing as hereby conveyed to Trustee or made subject to the security interest herein described are collectively referred to herein as the “PropertyExcluded Assets.”
Appears in 1 contract
Grant in Trust. In consideration of the foregoing and for For the purpose of securing payment and performance of the Secured Obligations defined and described in Section 21.2, Trustor hereby irrevocably and unconditionally grants, bargains, conveys, sells, transfers and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all estate, right, title and interest which Trustor now has or may later acquire in and to the following property (all or any part of such property, or any interest in all or any part of it, as the context may require, the “Property”):
(a) All that certain real estate situated in the City of St. Louis, State of Missouri, as more particularly described in Exhibit A attached hereto and incorporated herein by reference, together with all existing and future easements and rights affording access to it (the “Land, and all of the following, whether presently owned or hereafter acquired:”); together with
a. (b) All buildings, structures, structures and improvements, improvements now or hereafter located or later to be constructed on the Land Land, including, without limitation, all parking areas, roads, driveways, walks, fences, walls, docks, berms, landscaping, recreation facilities, drainage facilities, lighting facilities and other site improvements (the “Improvements”);; together with
b. (c) All existing and future appurtenances, privileges, easements, rights of wayfranchises, pipes, transmission lines or wires and other rights used in connection with the Land or the Improvements or as a means of access thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Improvements and all existing and future privileges, rights, franchises hereditaments and tenements of the Land, including all minerals, oilsoil, gas gas, other hydrocarbons and associated substances, sulphur, nitrogen, carbon dioxide, helium and other commercially valuable substances which may be in, under or produced from any part of the Land, all development rights and credits, air rights, water, water courses, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant) and water stock (together with the statutory right to file applications to change, and any and all water rightsapplications to change), easements, rights of way, rights of ingress and egress, drainage rights, gores or strips of land, and any land lying in the streets, highways, ways, and sidewalks, alleys, passages, roads or avenues, open or proposed, in front of or adjoining the Land and Improvements (collectivelyImprovements, “Appurtenances”);
c. All machinery, equipment, fixtures, goods and other personal property any land in the bed of the Trustor, whether moveable or not, now owned or hereafter acquired by the Trustor and now or hereafter located at or used in connection with any body of water adjacent to the Land, any land adjoining the Improvements Land created by artificial means or Appurtenancesby accretion, all air space and rights to use such air space, and all improvementsdevelopment and similar rights; together with
(d) Subject to Article 2, restorationsbelow, replacements, repairs, additions or substitutions thereto (collectively, “Equipment”);
d. All all existing and future leases, subleases, licensessubtenancies, licenses (except for gaming licenses and liquor licenses that are not transferable), occupancy agreements, concessions and any other agreement devising any portion of the Property or relating to the use and enjoyment of all or any part of the Land and Improvements, and any and all guaranties and other agreements relating to or made in connection with any of the use foregoing, whether written or occupancy oral and whether in existence at or upon the recordation of this Deed of Trust or entered into after the recordation of this Deed of Trust (some or all or any portion collectively, as the context may require, “Leases,” which shall not include the Ground Leases), and all rents, security deposits, royalties, issues, profits, receipts, earnings, revenue, income, products and proceeds and other benefits of the Land and Improvements, whether now due, past due or Improvements (collectivelyto become due, “Leases”)including, without limitation, all amendmentsprepaid rents, extensionssecurity deposits, renewals or modifications thereoffixed, additional and contingent rents, deficiency rents and liquidated damages, occupancy charges, hotel room charges, cabana charges, casino revenues, show ticket revenues, food and beverage revenues, room service revenues, merchandise sales revenues, parking, maintenance, common area, tax, insurance, utility and service charges and contributions, proceeds of sale of electricity, gas, heating, air-conditioning, cable and other utilities and services, green fees, cart rental fees, instruction fees, membership charges, restaurant, snack bar and pro shop revenues, liquidated damages, and all rentother rights to payments (some or all collectively, royalties, or other payments which as the context may now or hereafter accrue or otherwise become payable thereunder to or for the benefit of Trustor, including but not limited to security deposits (collectivelyrequire, “Rents”);; together with
e. (e) All goods, materials, supplies, chattels, furniture, fixtures, equipment, machinery and other property now or later to be attached to, placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the Land and Improvements, whether stored on the Land or elsewhere, including all pumping plants, engines, pipes, ditches and flumes, and also all gas, electric, cooking, heating, cooling, air conditioning, lighting, refrigeration and plumbing fixtures and equipment, all water, sanitary and storm sewer, drainage, electricity, steam, gas, telephone, cable and other utility equipment and facilities, all plumbing, lighting, heating, ventilating, air conditioning, refrigerating, incinerating, compacting, fire protection and sprinkler, surveillance and security, vacuum cleaning, public address and communications equipment and systems, all kitchen and laundry appliances, screens, awnings, floor coverings, partitions, elevators, escalators, motors, machinery, pipes, fittings and other items of equipment and property of every kind and description, all of which shall be considered to the fullest extent of the law to be real property for purposes of this Deed of Trust; together with
(f) All building materials, equipment, work in process or other personal property of any kind, whether stored on the Land or elsewhere, which have been or later will be acquired for the purpose of being delivered to, incorporated into or installed in or about the Land or Improvements; together with
(g) All rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds of real property and personal property taxes, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all ▇▇▇▇▇▇▇ money sales deposits) or deposited by Trustor with third parties (including all utility deposits), contract rights, general intangibles, development and use rights, governmental permits and licenses (except for gaming licenses and liquor licenses that are not transferable), authorizations, certificates, variances, consents and approvals, applications, architectural and engineering plans, specifications and drawings, as-built drawings, guaranties, warranties, management agreements, operating and/or licensing agreements, supply and service contracts for water, sanitary and storm sewer, drainage, electricity, steam, gas, telephone, cable, and other utilities, property and title insurance policies and proceeds thereof, chattel paper, instruments, documents, notes, certificates of deposit, securities, other investments, drafts and letters of credit (other than letters of credit in favor of Beneficiary), which arise from or relate to construction on the Land or to any other business now or later to be conducted on it, or to the Land and Improvements generally; together with
(h) Subject to the Borrower’s rights to use proceeds from under the Credit Agreement, all proceeds, including all rights and claims to, dividends of and demands for them, of the voluntary or involuntary conversion of any of the Land, Improvements, Appurtenances, Equipment, Leases, and RentsImprovements or the other property described above into cash or liquidated claims, including without limitationproceeds of all present and future fire, all deposits made with hazard or casualty insurance policies (whether or not such policies are required hereunder or under one of the other security deposits given to utility companies, all claims or demands relating to insurance awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made by Trustor, Loan Documents) 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 (“Proceeds”);
f. All revenuesproceeding, income, rents, royalties, payments and profits produced by all causes of action and their proceeds for any damage or injury to the Land, Improvements or the other property described above or any part of them, or breach of warranty in connection with the construction of the Improvements, Appurtenances including causes of action arising in tort, contract, fraud or concealment of a material fact; together with
(i) All books and Equipmentrecords pertaining to any and all of the property described above, whether now owned including computer readable memory and any computer hardware or software necessary to access and process such memory (“Books and Records”); together with
(j) All proceeds of, additions and accretions to, substitutions and replacements for, changes in, and greater right, title and interest in, to and under or derived from, any of the property described above and all extensions, improvements, betterments, renewals, substitutions and replacements thereof and additions and appurtenances thereto, including all proceeds of any voluntary or involuntary disposition or claim, right and remedy respecting any such property (arising out of any judgment, condemnation or award, or otherwise arising) and all goods, documents, general intangibles, chattel paper and accounts, wherever located, acquired with cash proceeds of any of the foregoing or its proceeds. Trustor shall and will warrant and forever defend the Property in the quiet and peaceable possession of the Trustee, its successors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof. Trustor agrees that any greater title to the Property hereafter acquired by Trustor (“Gross Revenues”);
g. All architectural, structural and mechanical plans, specifications, design documents and studies produced in connection with development of during the Land and construction of the Improvements (collectively, “Plans”); and
h. All interests and rights in any private or governmental grants, subsidies, loans or other financing provided in connection with development of the Land and construction of the Improvements (collectively, “Financing”). All of the above-referenced interests of Trustor in the Land, Improvements, Appurtenances, Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans and Financing as hereby conveyed to Trustee or made term hereof shall be subject to the security interest herein described are collectively referred to herein as the “Propertyhereto.”
Appears in 1 contract
Grant in Trust. In consideration of Trustor irrevocably grants and conveys the foregoing and for the purpose of securing payment and performance of the Secured Obligations defined and described in Section 2, Trustor hereby irrevocably and unconditionally grants, conveys, transfers and assigns Land to Trustee, in trust for the benefit of Beneficiarytrust, with power of sale sale, together with all improvements now or hereafter erected on the property, and right of entry all easements, rights, appurtenances and possessionrents (subject however to the rights and authorities given herein to Beneficiary to collect and apply such rents), all estateof which shall be deemed to be and remain a part of the Property secured by this Deed of Trust; and all of the foregoing, righttogether with the Land are hereinafter referred to as the "Property". TOGETHER WITH all interest, title estates or other claims, both in law and interest in equity which Trustor now has or may later hereafter acquire in the Property and to the Land, and rents; TOGETHER WITH all of the following, whether presently owned or hereafter acquired:
a. All buildings, structures, and improvements, now or hereafter located or constructed on the Land (“Improvements”);
b. All appurtenances, easements, rights of way, pipes, transmission lines or wires rights-of-way and other rights used in connection with the Land or the Improvements therewith or as a means of access thereto, whether including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter owned erected thereon, and all property of the Trustor now or constructed hereafter affixed to or placed upon the Property; TOGETHER WITH all building materials and equipment now or hereafter delivered to said Property and intended to be installed herein; TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in the Land or Improvements and all existing and future privileges, rights, franchises and tenements of the Land, including all minerals, oils, gas and other commercially valuable substances which may be in, under or produced from any part of the Land, and all water rights, rights of way, gores or strips of land, and to any land lying in within the streets, ways, and alleysright-of-way of any street, open or proposed, in front of or adjoining the Land Property, and Improvements (collectivelyany and all sidewalks, “Appurtenances”);
c. All machinery, equipment, fixtures, goods alleys and other personal property strips and areas of the Trustor, whether moveable or not, now owned or hereafter acquired by the Trustor and now or hereafter located at land adjacent to or used in connection with the LandProperty; TOGETHER WITH all estate, the Improvements interest, right, title, other claim or Appurtenancesdemand, of every nature, in and all improvements, restorations, replacements, repairs, additions or substitutions thereto (collectively, “Equipment”);
d. All existing and future leases, subleases, licenses, and other agreements relating to the use or occupancy of all or any portion of the Land or Improvements (collectively, “Leases”), all amendments, extensions, renewals or modifications thereof, and all rent, royalties, or other payments which may now or hereafter accrue or otherwise become payable thereunder to or for the benefit of Trustorsuch property, including the Property, both in law and in equity, including, but not limited to security deposits (collectively, “Rents”);
e. All insurance proceeds and any other proceeds from the Land, Improvements, Appurtenances, Equipment, Leases, and Rents, including without limitationto, all deposits made with or other security deposits given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands relating with respect to the proceeds of insurance awards in effect with respect thereto, which the Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages to the extent Beneficiary has an interest in such awards for taking as provided in Paragraph 4.1 herein; and TOGETHER WITH all Trustor’s interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all advance payments of insurance premiums made by Trustorother goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all condemnation awards renewals or payments replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to said building or buildings in any manner. TOGETHER WITH all of Trustor’s interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs, and other personal property now or later made hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with any condemnation or eminent domain proceeding (“Proceeds”);
f. All revenues, income, the Property; all rents, royaltiesissues and profits, payments and profits produced all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service marks arising from or related to the Property and any business conducted thereon by the LandTrustor; all replacements, Improvementsadditions, Appurtenances accessions and Equipmentproceeds; and all books, whether now owned or hereafter acquired by Trustor (“Gross Revenues”);
g. All architectural, structural records and mechanical plans, specifications, design documents and studies produced in connection with development files relating to any of the Land and construction of the Improvements (collectively, “Plans”); and
h. All interests and rights in any private or governmental grants, subsidies, loans or other financing provided in connection with development of the Land and construction of the Improvements (collectively, “Financing”)foregoing. All of the above-referenced interests of Trustor in foregoing, together with the LandProperty, Improvements, Appurtenances, Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans and Financing as hereby conveyed to Trustee or made subject to the security interest is herein described are collectively referred to herein as the “PropertySecurity.” To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever. FOR THE PURPOSE OF SECURING (collectively the “Secured Obligations”):
(a) Payment of just indebtedness of Trustor to Beneficiary as set forth in the Fee Deferral Loan Note (as defined in Article 1 below) until paid or cancelled. Said principal and other payments shall be due and payable as provided in the Note. Said Note and all their terms are incorporated herein by reference, and this conveyance shall secure any and all extensions thereof, however evidenced; and
(b) Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor’s obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein; and
(c) Performance of every obligation, covenant or agreement of Trustor contained herein and in the Loan Documents (defined in Section 1.2 below). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES:
Appears in 1 contract
Sources: Deed of Trust and Security Agreement
Grant in Trust. In consideration of the foregoing and for the purpose of securing payment and performance of the Secured Obligations (as defined and described in Section 2below), Trustor hereby irrevocably and unconditionally grants, bargains, conveys, transfers sells, transfers, and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all estate, right, title title, and interest which Trustor now has or may later acquire in and to the Landfollowing properties (all or any part of such properties, or any interest in all or any part of it, as the context may require, collectively, the “Property”):
(a) The real properties located in Marin County, California, as more fully described in Exhibit A attached hereto and made a part hereof, together with all rights, privileges, easements, appurtenances, tenements, hereditaments, rights of way, appendages, projections, water rights including riparian and littoral rights and whether or not appurtenant, streets, ways, alleys, and all strips and gores of the following, whether presently owned or hereafter acquired:
a. All buildings, structures, and improvementsland, now or hereafter in any way belonging, adjoining, crossing or pertaining to such real property (the “Land”); together with
(b) All buildings, structures and improvements now located or later to be constructed on the Land (the “Improvements”);
b. All appurtenances) and all building materials, easementsequipment, rights work in process or other personal property of wayany kind, pipes, transmission lines or wires and other rights used in connection with whether stored on the Land or elsewhere, which have been or later will be acquired for the Improvements purpose of being delivered to, incorporated into or as a means of access thereto, whether now installed in or hereafter owned or constructed or placed upon or in about the Land or Improvements and all existing and future privileges, rights, franchises and tenements of as-extracted collateral produced from or allocated to the Land, including including, all minerals, oilsoil, gas gas, other hydrocarbons and associated substances, sulphur, nitrogen, carbon dioxide, helium and any other commercially valuable substances which may be in, under or produced from any part of the Land, and all water products processed or obtained therefrom, and the proceeds thereof, and all development rights and credits, air rights, water, water courses, water rights of (whether riparian, appropriative or otherwise, and whether or not appurtenant) and water stock, easements, rights- of-way, gores or strips of land, and any land lying in the streets, ways, and alleys, passages, roads or avenues, open or proposed, in front of or adjoining the Land and Improvements Improvements; together with
(collectively, “Appurtenances”);
c. c) All machinery, equipment, fixtures, goods and other articles of personal property of the Trustor, whether moveable or not(including those specified below) and any software imbedded therein, now owned or hereafter acquired by the Trustor and now or hereafter located at attached to, placed upon for an indefinite term, or used in connection with the LandLand and/or Improvements, together with all goods and other property that are, or at any time become, so related to the Improvements Property that an interest in them arises under real estate law, or Appurtenances, and all improvements, restorations, replacements, repairs, additions or substitutions thereto they are otherwise a “fixture” under applicable law (collectively, each a “EquipmentFixture,” collectively “Fixtures”);; together with
d. (d) All existing and future leases, subleases, subtenancies, licenses, occupancy agreements, concessions, and other agreements of any kind relating to the use or occupancy of all or any portion of the Land Property, whether now in effect or Improvements entered into in the future (each a “Lease,” collectively, the “Leases”)) relating to the use and enjoyment of all or any part of the Land and Improvements, all amendments, extensions, renewals renewals, or modifications thereofthereof (subject to Beneficiary’s right to approve same pursuant to the terms of the Loan Documents), and any and all guaranties of, and security for, lessees’ performance under any and all Leases, and all rentother agreements relating to or made in connection with any of such Leases; together with
(e) All rents (and payments in lieu of rents), royalties, issues, profits, income, proceeds, payments, and revenues of or other payments which may now or hereafter accrue or otherwise become from the Property, and/or at any time payable thereunder to or for the benefit of Trustorunder any and all Leases, including but not limited to all rent loss insurance proceeds, prepaid rents and any and all security deposits received or to be received by Trustor pursuant to any and all Leases, and all rights and benefits accrued, or to accrue, to Trustor under any and all Leases (some or all collectively, as the context may require, “Rents”);; together with
e. (f) All goods, materials, supplies, chattels, furniture, fixtures, machinery, apparatus, fittings, equipment, and articles of personal property of every kind and nature whatsoever, including consumable goods, now or hereafter located in or upon the Property or any part thereof, or to be attached to or placed in or on, or used or useable in connection with any present or future use, enjoyment, occupancy or operation of all or any part of the Land and Improvements, whether stored on the Land or elsewhere, including by way of description but without limiting the generality of the foregoing, all computer systems, telephone and telecommunication systems, televisions and television systems, all software embedded within or used in connection with any of the property described above, pumps or pumping plants, tanks, motors, conduits, engines, pipes, ditches and flumes, and also all gas and electrical apparatus (including, but not limited to, all electrical transformers, switches, switch boxes, and equipment boxes), cooking, heating, cooling, air conditioning, sprinkler equipment, lighting, power equipment, ventilation, incineration, refrigeration and plumbing apparatus, fixtures and equipment, screens, storm doors and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ovens, ranges, disposals, dishwashers, carpeting, plants and shrubbery, ground maintenance equipment, ducts and compressors; together with all building materials, goods and personal property on or off the Property intended to be affixed to or incorporated in the Property but not yet affixed to or incorporated in the Property, all which shall be considered to the fullest extent of the law to be real property for purposes of this Deed of Trust; together with
(g) All rights to the payment of money and all guaranties thereof and judgments therefor, and all accounts, accounts receivable, reserves, deferred payments, refunds of real property and personal property taxes and other refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all ▇▇▇▇▇▇▇ money sales deposits) or deposited by Trustor with third parties (including all utility deposits), warranty rights, contract rights, management contracts, service contracts, construction and architectural contracts, contracts for the purchase and sale of the Property or any part thereof, end-loan or other financing commitments, development and use rights, governmental permits and licenses, applications, architectural and engineering plans, specifications and drawings, as-built drawings, chattel paper, instruments, documents, promissory notes, drafts, letters of credit (other than letters of credit in favor of Beneficiary), letter of credit rights (whether or not the letter of credit is evidenced by a writing), supporting obligations, and general intangibles, including payment intangibles, whether any of the foregoing are tangible or electronic, which arise from or relate to construction on the Land or to any business now or later to be conducted on it, or to the Land and Improvements generally and all deposit accounts of Trustor established pursuant to the Loan Agreement or Loan Documents and, to the extent not expressly prohibited by law, all federal, state, and local tax credits, and other tax benefits related to the Property; together with
(h) All insurance policies (and the unearned premiums therefor) and bonds required by the Loan Documents and all proceeds thereof, and all proceeds (including all claims to and demands for them) of the voluntary or involuntary conversion of any other proceeds from of the Land, the Improvements, Appurtenances, Equipment, Leases, and Rentsor the other property described above into cash or liquidated claims, including without limitationproceeds of all present and future fire, all deposits made with hazard or other security deposits given to utility companies, all claims or demands relating to casualty insurance awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made by Trustor, policies 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 (“Proceeds”);
f. All revenuesproceeding, incomeand all causes of action and their proceeds for any damage or injury to, rentsor defect in, royalties, payments and profits produced by the Land, the Improvements, Appurtenances or the other property described above or any part of them, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud, misrepresentation, or concealment of a material fact; together with
(i) All books, records, and Equipmentall recorded data of any kind or nature (regardless of the medium of recording) pertaining to any and all of the property described above, including records relating to tenants under any leases, and the qualification of such tenants, and all certificates, vouchers, and other documents in any way related thereto, and all records relating to the application and allocation of any federal, state, and local tax credits or benefits, including computer-readable memory and any computer hardware or software necessary to access and process such memory (collectively, the “Books and Records”); together with
(j) All commercial tort claims Trustor now has or hereafter acquires relating to any of the property described above; and together with
(k) All products, accounts, and proceeds (cash or non-cash) of, additions, betterments, extensions, accessions and accretions to, substitutions, renewals and replacements for, and changes in any of the property described above, including all proceeds of any voluntary or involuntary disposition or claim respecting any such property (arising out of any judgment, condemnation or award, or otherwise arising) and all supporting obligations ancillary to or arising in connection therewith, general intangibles (including payment intangibles) arising in connection therewith, and all goods, accounts, instruments, documents, promissory notes, chattel paper, deposit accounts, supporting obligations, and general intangibles (including payment intangibles) (whether now owned any of the foregoing are tangible or electronic), wherever located, acquired with cash proceeds of any of the foregoing or its proceeds. Trustor shall and will warrant and forever defend the above-bargained Property in the quiet and peaceable possession of Trustor, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. Trustor agrees that any greater title to the Property hereafter acquired by Trustor (“Gross Revenues”);
g. All architectural, structural and mechanical plans, specifications, design documents and studies produced in connection with development of during the Land and construction of the Improvements (collectively, “Plans”); and
h. All interests and rights in any private or governmental grants, subsidies, loans or other financing provided in connection with development of the Land and construction of the Improvements (collectively, “Financing”). All of the above-referenced interests of Trustor in the Land, Improvements, Appurtenances, Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans and Financing as hereby conveyed to Trustee or made term hereof shall be subject to the security interest herein described are collectively referred to herein as the “Propertyhereto.”
Appears in 1 contract
Sources: Deed of Trust
Grant in Trust. In Trustor, in consideration of the foregoing promises herein recited and for the purpose of securing payment and performance of the Secured Obligations defined and described in Section 2trust herein created, Trustor hereby irrevocably and unconditionally grants, conveystransfers, transfers conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possessionsale, all estate, right, right title and interest which Trustor now has or may later acquire in and to that certain real property located in the LandCity of Menlo Park, County of San Mateo, State of California, described in the attached Exhibit A and commonly known as: , CA 94025 (the “Property”) together with all of the following, whether presently owned or hereafter acquired:
a. All buildings, structures, and improvements, (i) all improvements now or hereafter located or constructed on the Land Property and all replacements and additions thereto (“Improvements”);
b. All appurtenances, (ii) all easements, rights of way, pipes, transmission lines or wires appurtenances and other rights used in connection with the Land or the Improvements Property or as a means of access thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Improvements and all existing and future privileges, rights, franchises and tenements of the Land, including all minerals, oils, gas and other commercially valuable substances which may be in, under or produced from any part of the Land, and all water rights, rights of way, gores or strips of land, and any land lying in the streets, ways, and alleys, open or proposed, in front of or adjoining the Land and Improvements thereto (collectively, “Appurtenances”);
c. All machinery, equipment, fixtures, goods and other personal property of the Trustor, whether moveable or not, now owned or hereafter acquired by the Trustor and (iii) all fixtures now or hereafter located at attached to or used in connection with and about the Land, Property or the Improvements improvements located thereon or Appurtenanceshereafter located or constructed on the Property, and all improvementsrenewals or replacements thereof or articles in substitution therefor, restorationswhether or not the same are, replacements, repairs, additions or substitutions thereto shall be attached to the improvements in any manner (collectively, “Fixtures and Equipment”);; and
d. All existing and future (iv) all leases, subleases, licenses, licenses and other agreements relating to the use or occupancy of all or any portion of the Land or Improvements Property (collectively, “Leases”), all amendments, extensions, renewals or modifications thereof, ) and all rent, royalties, rents or other payments which may now or hereafter accrue or otherwise become payable thereunder to or for the benefit of Trustor, including but not limited to security deposits Trustor (collectively, “Rents”);
e. All insurance proceeds ) (whether or not such Leases and any other proceeds from the Land, Improvements, Appurtenances, Equipment, Leases, and Rents, including without limitation, all deposits made with or other security deposits given to utility companies, all claims or demands relating to insurance awards which the Trustor now has or may hereafter acquire, including all advance payments of insurance premiums made by Trustor, and all condemnation awards or payments now or later made in connection with any condemnation or eminent domain proceeding (“Proceeds”);
f. All revenues, income, rents, royalties, payments and profits produced Rents are permitted by the Land, Improvements, Appurtenances and Equipment, whether now owned or hereafter acquired by Trustor (“Gross Revenues”);
g. All architectural, structural and mechanical plans, specifications, design documents and studies produced in connection with development of the Land and construction of the Improvements (collectively, “Plans”); and
h. All interests and rights in any private or governmental grants, subsidies, loans or other financing provided in connection with development of the Land and construction of the Improvements (collectively, “Financing”Resale Restriction Agreement). All of the above-referenced interests of Trustor in the LandProperty, Improvements, AppurtenancesAppurtenance, Fixtures and Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans Leases and Financing as hereby conveyed to Trustee or made subject to the security interest Rents are herein described are collectively referred to herein collectively as the “PropertySecurity”.”
Appears in 1 contract