Common use of Grant in Trust Clause in Contracts

Grant in Trust. TRUSTOR, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys, and assigns to TRUSTEE, in trust for the benefit of BENEFICARY, with power of sale, all estate, right title, and interest which TRUSTOR now has or may later acquire in and to that certain real property located in the Town of Los Gatos, County of Santa ▇▇▇▇▇, State of California, described in the attached Exhibit A together with all of the following: (i) All improvements now or hereafter located or constructed on the PROPERTY and all replacements and additions thereto (“Improvements”); (ii) All easements, rights of way, appurtenances, and other rights used in connection with the PROPERTY or as a means of access thereto (“Appurtenances”); (iii) All fixtures now or hereafter attached to or used in and about the PROPERTY or the improvements located thereon or hereafter located or constructed on the PROPERTY, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to the improvements in any manner (“Fixtures and Equipment”); and (iv) All leases, subleases, licenses, and other agreements relating to use or occupancy of the PROPERTY (“Leases”) and all rents or other payments which may now or hereafter accrue or otherwise become payable to or for the benefit of TRUSTOR(“Rents”) (whether or not such Leases and Rents are permitted by the Resale Restriction Agreement). All of the above-referenced PROPERTY, Improvements, Appurtenance, Fixtures, and Equipment, Leases, and Rents are herein referred to collectively as the “SECURITY”.

Grant in Trust. TRUSTOR, in consideration of the promises herein recited and the trust herein created, hereby The Trustor irrevocably and unconditionally grants, transfers, conveys, transfers and assigns to TRUSTEEthe Trustee, in trust for the benefit of BENEFICARYtrust, with power of salesale and right of entry and possession, all estatethe entire right, right title, title and interest which TRUSTOR now has or may later acquire of Trustor in and to that certain real property located ("Land") situated in the Town of Los Gatos, County of Santa Sola▇▇ ▇▇▇▇▇nty, State of California, and more particularly described in the attached 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 of right, title and interest that the followingTrustor now has or may hereafter acquire in: (i) All improvements buildings, structures, improvements, fixtures, equipment and appurtenances now and hereafter owned, constructed, located, erected, installed or hereafter located affixed by or constructed on behalf of the PROPERTY Trustor upon or appurtenant to the Land and all replacements and additions thereto substitutions therefor (“Improvements”"Facilities"); (ii) All appurtenances, improvements, easements, rights of waypipes, appurtenances, transmission lines or wires and other rights used in connection with the PROPERTY Land or as a means of access thereto thereto, whether now or hereafter owned or constructed or placed upon or in the Land or Facilities (“"Appurtenances”"); (iii) All fixtures machinery, equipment and other personal property of the Trustor if the same is now or hereafter attached to located at or used in and about connection with the PROPERTY or the improvements located thereon or hereafter located or constructed on the PROPERTYFacilities, and all renewals or replacements thereof or articles in substitution and substitutions therefor, whether or not the same areexcluding however, or shall be attached to the improvements in any manner (“Fixtures and Equipment”); and (iv) All leasesmachinery, subleases, licenses, equipment and other agreements relating to use or occupancy personal property acquired with debt permitted under section 406(i) of the PROPERTY Collateralized Note Indenture until such time as such financing is paid in full (“Leases”) and all rents or other payments which may now or hereafter accrue or otherwise become payable to or for the benefit of TRUSTOR(“Rents”) (whether or not such Leases and Rents are permitted by the Resale Restriction Agreement"Equipment"). All of the above-referenced PROPERTY, Improvements, Appurtenance, Fixtures, and Equipment, Leases, and Rents are herein referred to collectively as the “SECURITY”.;

Grant in Trust. TRUSTORThe Trustor irrevocably grants, transfers and absolutely, unconditionally and irrevocably assigns to the Trustee, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys, and assigns to TRUSTEE, in trust for the benefit of BENEFICARYtrust, with power of salesale and right of entry and possession, all estatethe entire right, right title, title and interest which TRUSTOR now has or may later acquire of Trustor in and to that certain real property located (“Land”) situated in the Town of Los Gatos, County of Santa ▇▇▇▇▇_______ County, State of California, and more particularly described in the attached 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 of right, title and interest that the followingTrustor now has or may hereafter acquire in: (i) All improvements buildings, structures, improvements, fixtures, equipment and appurtenances now and hereafter owned, constructed, located, erected, installed or hereafter located affixed by or constructed on behalf of the PROPERTY Trustor upon or appurtenant to the Land and all replacements and additions thereto substitutions therefor (“ImprovementsFacilities”); (ii) All appurtenances, improvements, easements, rights of waypipes, appurtenances, transmission lines or wires and other rights used in connection with the PROPERTY Land or as a means of access thereto thereto, whether now or hereafter owned or constructed or placed upon or used in connection with the Land or Facilities (“Appurtenances”); (iii) All fixtures equipment, machinery, goods and other personal property of the Trustor, whether movable or not, if the same is (a) now owned or hereafter acquired by the Trustor, (b) now or hereafter attached to located at or used in and about connection with the PROPERTY Facilities, (c) financed with the proceeds of the Bonds or Parity Debt (as those terms are defined in the Regulatory Agreement referenced below) or (d) obtained in order to satisfy its obligations under the Loan Agreement, the Regulatory Agreement or the improvements located thereon or hereafter located or constructed on the PROPERTYContract of Insurance, each as identified below, and all renewals improvements, restorations, replacements, repairs, additions, accessions or replacements thereof substitutions thereto or articles in substitution therefor, whether including, without limitation, all machinery, equipment, material, furnishings and appliances for generation or not distribution of air, water, heat, electricity, light, fuel or refrigeration, for purposes of ventilation, sanitation or drainage, for exclusion of vermin or insects, for removal or disposal of dust, refuse or garbage; all elevators, awnings, window coverings, floor covering, laundry equipment, kitchen equipment, cabinets, furniture and furnishings; all fixed and moveable equipment now or hereafter installed or placed upon or in the same areLand or Facilities for use in health care, treatment, diagnosis and services or shall be attached for other health care uses; the products and proceeds from any and all such property; all the estate, interest, right, title, property or other claim or demand of every nature whatsoever, in and to such property, including specifically, but without limitation, all deposits made with or other security given to utility companies by the improvements in any manner Trustor with respect to such property and claims or demands relating to insurance or condemnation awards which the Trustor now has or may hereafter acquire (“Fixtures and Equipment”); and; (iv) All leasesleases or subleases with respect to the Land, subleasesFacilities, licenses, Appurtenances and other agreements relating to use or occupancy of the PROPERTY Equipment (“Leases”); (v) and all rents All rentals or other payments which may now or hereafter accrue or otherwise become payable under the Leases to or for the benefit of TRUSTOR(“Rents”) (whether or not such Leases the Trustor together with all other income, rents, revenues, issues, profits, reserves and Rents are permitted royalties produced by the Resale Restriction AgreementLand, Facilities, Appurtenances and Equipment or by all management or service contracts or other contracts affecting the Property, including but not limited to security deposits (collectively the “Rents”). ; (vi) All earnings, products, damages, indemnifications, insurance proceeds and any other proceeds from any and all of the above-referenced PROPERTYsuch Land, ImprovementsFacilities, AppurtenanceAppurtenances, Fixtures, and Equipment, Leases, Rents and Rents are Accounts including specifically, but without limitation, all deposits made with or other security given to utility 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 the Trustor with respect thereto (“Proceeds”); (vii) All accounts, accounts receivable and other rights to payment of money now owned or hereafter acquired by the Trustor, whether due or to become due and whether or not earned by performance (“Accounts”), including without limitation the following: (a) Any and all Accounts arising from any source, including without limitation operations of the Trustor or its agents at the Facilities, and at any other facility, including, but not limited to, health facility or office; and (b) Any and all Accounts accruing from in-patient, out-patient, day treatment, and any other programs run by and operations of the Trustor or its agents. For purposes hereof, “Accounts” covered hereby shall include without limitation accounts, chattel paper, deposit accounts and instruments as defined by the California Commercial Code, and any amounts receivable from third party payors (including insurance companies, Medicare and Medicaid including, without limitation, any Medicare and/or Medicaid losses paid on recapture, unless otherwise prohibited by law) in connection with the foregoing; and (viii) All right, title and interest of the Trustor in all the Trustor’s inventory, raw materials, work in process, finished goods and goods held for sale or lease or furnished under contracts of service, and all returned and repossessed goods, and all goods covered by documents of title, including warehouse receipts, bills of lading and all other documents of every type covering all or any part of the Property, now owned or hereafter acquired, whether held by the Trustor or any third party, which is located on, appurtenant to, relating to, or used by or useful in connection with the Property (“Inventory”); All of the above referenced Land, Facilities, Appurtenances, Equipment, Leases, Rents, Proceeds, Accounts and Inventory as hereby conveyed to the Trustee or made subject to the security interest herein described is collectively referred to collectively herein as the “SECURITY”Property.” Additionally, Health and Safety Code Section 129052, in part, states: The lien of such pledge shall be valid and binding against all parties, irrespective of whether the parties have notice of the lien. The indenture, trust agreement, resolution, or another instrument by which such pledge is created need not be recorded or the security interest otherwise perfected. 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 (as that term is defined in the Regulatory Agreement described below) 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.

Grant in Trust. TRUSTORThe Trustor irrevocably grants, transfers and absolutely, unconditionally and irrevocably assigns to the Trustee, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys, and assigns to TRUSTEE, in trust for the benefit of BENEFICARYtrust, with power of salesale and right of entry and possession, all estatethe entire right, right title, title and interest which TRUSTOR now has or may later acquire of Trustor in and to that certain real property located (“Land”) situated in the Town of Los Gatos, County of Santa ▇▇▇▇▇____ County, State of California, and more particularly described in the attached 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 of right, title and interest that the followingTrustor now has or may hereafter acquire in: (i) All improvements buildings, structures, improvements, fixtures, equipment and appurtenances now and hereafter owned, constructed, located, erected, installed or hereafter located affixed by or constructed on behalf of the PROPERTY Trustor upon or appurtenant to the Land and all replacements and additions thereto substitutions therefor (“ImprovementsFacilities”); (ii) All appurtenances, improvements, easements, rights of waypipes, appurtenances, transmission lines or wires and other rights used in connection with the PROPERTY Land or as a means of access thereto thereto, whether now or hereafter owned or constructed or placed upon or used in connection with the Land or Facilities (“Appurtenances”); (iii) All fixtures equipment, machinery, goods and other personal property of the Trustor, whether movable or not, if the same is (a) now owned or hereafter acquired by the Trustor, (b) now or hereafter attached to located at or used in and about connection with the PROPERTY Facilities, (c) financed with the proceeds of the Bonds or Parity Debt (as those terms are defined in the Regulatory Agreement referenced below) or (d) obtained in order to satisfy its obligations under the Loan Agreement, the Regulatory Agreement or the improvements located thereon or hereafter located or constructed on the PROPERTYContract of Insurance, each as identified below, and all renewals improvements, restorations, replacements, repairs, additions, accessions or replacements thereof substitutions thereto or articles in substitution therefor, whether including, without limitation, all machinery, equipment, material, furnishings and appliances for generation or not distribution of air, water, heat, electricity, light, fuel or refrigeration, for purposes of ventilation, sanitation or drainage, for exclusion of vermin or insects, for removal or disposal of dust, refuse or garbage; all elevators, awnings, window coverings, floor covering, laundry equipment, kitchen equipment, cabinets, furniture and furnishings; all fixed and moveable equipment now or hereafter installed or placed upon or in the same areLand or Facilities for use in health care, treatment, diagnosis and services or shall be attached for other health care uses; the products and proceeds from any and all such property; all the estate, interest, right, title, property or other claim or demand of every nature whatsoever, in and to such property, including specifically, but without limitation, all deposits made with or other security given to utility companies by the improvements in any manner Trustor with respect to such property and claims or demands relating to insurance or condemnation awards which the Trustor now has or may hereafter acquire (“Fixtures and Equipment”); and; (iv) All leasesleases or subleases with respect to the Land, subleasesFacilities, licenses, Appurtenances and other agreements relating to use or occupancy of the PROPERTY Equipment (“Leases”); (v) and all rents All rentals or other payments which may now or hereafter accrue or otherwise become payable under the Leases to or for the benefit of TRUSTOR(“Rents”) (whether or not such Leases the Trustor together with all other income, rents, revenues, issues, profits, reserves and Rents are permitted royalties produced by the Resale Restriction AgreementLand, Facilities, Appurtenances and Equipment or by all management or service contracts or other contracts affecting the Property, including but not limited to security deposits (collectively the “Rents”). ; (vi) All earnings, products, damages, indemnifications, insurance proceeds and any other proceeds from any and all of the above-referenced PROPERTYsuch Land, ImprovementsFacilities, AppurtenanceAppurtenances, Fixtures, and Equipment, Leases, Rents and Rents are Accounts including specifically, but without limitation, all deposits made with or other security given to utility 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 the Trustor with respect thereto (“Proceeds”); (vii) All accounts, accounts receivable and other rights to payment of money now owned or hereafter acquired by the Trustor, whether due or to become due and whether or not earned by performance (“Accounts”), including without limitation the following: (a) Any and all Accounts arising from any source, including without limitation operations of the Trustor or its agents at the Facilities, and at any other facility, including, but not limited to, health facility or office; and (b) Any and all Accounts accruing from in-patient, out-patient, day treatment, and any other programs run by and operations of the Trustor or its agents. For purposes hereof, “Accounts” covered hereby shall include without limitation accounts, chattel paper, deposit accounts and instruments as defined by the California Commercial Code, and any amounts receivable from third party payors (including insurance companies, Medicare and Medicaid including, without limitation, any Medicare and/or Medicaid losses paid on recapture, unless otherwise prohibited by law) in connection with the foregoing; and (viii) All right, title and interest of the Trustor in all the Trustor’s inventory, raw materials, work in process, finished goods and goods held for sale or lease or furnished under contracts of service, and all returned and repossessed goods, and all goods covered by documents of title, including warehouse receipts, bills of lading and all other documents of every type covering all or any part of the Property, now owned or hereafter acquired, whether held by the Trustor or any third party, which is located on, appurtenant to, relating to, or used by or useful in connection with the Property (“Inventory”); All of the above referenced Land, Facilities, Appurtenances, Equipment, Leases, Rents, Proceeds, Accounts and Inventory as hereby conveyed to the Trustee or made subject to the security interest herein described is collectively referred to collectively herein as the “SECURITY”Property.” Additionally, Health and Safety Code Section 129052, in part, states: The lien of such pledge shall be valid and binding against all parties, irrespective of whether the parties have notice of the lien. The indenture, trust agreement, resolution, or another instrument by which such pledge is created need not be recorded or the security interest otherwise perfected. 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 (as that term is defined in the Regulatory Agreement described below) 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.