Security Agreement; Fixture Filing. This Deed of Trust shall, as to any rents, equipment, furnishings and other personal property covered hereby (collectively, the "Personal Property") and constituting a portion of the Property, be deemed to constitute a security agreement, and Trustor hereby grants to Beneficiary, as secured party, for the benefit of the Holders, a security interest therein pursuant to the Nevada Uniform Commercial Code. Trustor agrees, as necessary, to execute any supplements to this Deed of Trust, any separate security agreement and any financing statements and continuation statements in order to include specifically any after acquired Personal Property or otherwise to perfect the security interest granted hereby. Upon the occurrence of an Event of Default, Beneficiary shall have all of the rights and remedies therein provided or otherwise provided by law or by this Deed of Trust or the other Loan Documents, including but not limited to the right but not the obligation to require Trustor to assemble the Personal Property and make it available to Beneficiary at a place to be designated by Beneficiary which is reasonably convenient to both parties, and subject to applicable Gaming Laws, the right to take possession of such Personal Property with or without demand and with or without process of law and the right to sell and dispose of the same and distribute the proceeds according to law. The parties hereto agree that any requirement of reasonable notice shall be met if Beneficiary sends such notice to Trustor at least ten days prior to the date of sale, disposition or other event giving rise to the required notice, and that the proceeds of any disposition of any such Personal Property may be applied by Beneficiary first to the expenses in connection therewith, including reasonable attorneys' fees and other legal expenses incurred, and then to payment of the other Obligations. The parties hereto further agree that any sale of the Personal Property held contemporaneously with any sale of the Land or other Property and upon the same notice as required in the Nevada Uniform Commercial Code shall be deemed to be a public sale conducted in a commercially reasonable manner. With respect to the Personal Property that has become so attached to the real property covered hereby that an interest therein arises under the real property law of the State of Nevada, this Deed of Trust shall also constitute a financing statement and a fixture filing under NRS § 104.9502.
Security Agreement; Fixture Filing. (a) To secure to Lender the repayment of the Indebtedness, and all renewals, extensions and modifications thereof, and the performance of the covenants and agreements of Borrower contained in the Loan Documents, Borrower hereby pledges, assigns, and grants to Lender a continuing security interest in the UCC Collateral. This Security Instrument constitutes a security agreement and a financing statement under the UCC. This Security Instrument also constitutes a financing statement pursuant to the terms of the UCC with respect to any part of the Mortgaged Property that is or may become a Fixture under applicable law, and will be recorded as a “fixture filing” in accordance with the UCC. Borrower hereby authorizes Lender to file financing statements, continuation statements and financing statement amendments in such form as Lender may require to perfect or continue the perfection of this security interest without the signature of Borrower. If an Event of Default has occurred and is continuing, Lender shall have the remedies of a secured party under the UCC or otherwise provided at law or in equity, in addition to all remedies provided by this Security Instrument and in any Loan Document. Lender may exercise any or all of its remedies against the UCC Collateral separately or together, and in any order, without in any way affecting the availability or validity of Lender’s other remedies. For purposes of the UCC, the debtor is Borrower and the secured party is Lender. The name and address of the debtor and secured party are set forth above which are the addresses from which information on the security interest may be obtained.
Security Agreement; Fixture Filing. Mortgagor hereby grants a security interest to Mortgagee in all assets of Mortgagor, including, without limitation, all of the Collateral, now owned by Mortgagor or acquired or arising at any time hereafter, wherever located or situated, and all products and proceeds of the foregoing, all accessions and additions thereto and all substitutions and replacements therefor for the purpose of securing all obligations of Mortgagor under the Note, this Mortgage and the other Loan Documents. This Mortgage is intended to be a security agreement pursuant to the UCC for all of the assets of Mortgagor which, under applicable law may be subject to a security interest pursuant to the UCC, and Xxxxxxxxx hereby agrees that Mortgagee is authorized, without the need of signature by Xxxxxxxxx, to file financing statements naming Mortgagor as debtor from time to time and in such form as Mortgagee may require to perfect and maintain a security interest and lien with respect to said assets of Mortgagor. THIS MORTGAGE ALSO CONSTITUTES A FINANCING STATEMENT PURSUANT TO THE TERMS OF THE UCC WITH RESPECT TO ANY PART OF THE MORTGAGED PROPERTY THAT IS OR MAY BECOME A FIXTURE UNDER APPLICABLE LAW, AND WILL BE RECORDED AS A “FIXTURE FILING” IN ACCORDANCE WITH THE UCC. Mortgagor shall pay all costs of filing such statements, continuations, and renewals and releases thereof and shall pay all reasonable costs and expenses of any record searches for financing statements that Mortgagee may reasonable require. To the extent permitted by, and subject to, applicable law, the lien of this Mortgage will automatically attach, without further act, to all after-acquired or arising assets of Mortgagor, including, without limitation, all Appurtenances and Collateral located in or on, or attached to, or used or intended to be used in connection with, or with the operation of, the Mortgaged Property or any part thereof; provided, however, that upon request of Mortgagee, Mortgagor shall execute and deliver such instrument or instruments as shall reasonably be requested by Mortgagee to confirm such lien. For purposes of this financing statement:
Security Agreement; Fixture Filing. (a) This Mortgage is a Security Agreement as defined in the Pennsylvania Uniform Commercial Code (“UCC”). Notwithstanding the filing of any financing statement covering any of the Premises in the records normally pertaining to personal property, at Mortgagee’s option, all of the Premises, for all purposes and in all proceedings, legal or equitable, shall be regarded (to the extent permitted by law) as part of the Land. The mention in any such financing statement of any of the Premises shall not be construed as in any way altering any of the rights of Mortgagee or adversely affecting the priority of the lien granted hereby or by the Loan Documents, but such mention in the financing statement is hereby declared to be for the protection of Mortgagee in the event any court shall at any time hold that notice of Mortgagee’s priority of interest, to be effective against any third party, must be filed in the UCC records.
Security Agreement; Fixture Filing. (a) This Deed of Trust is both a real property deed of trust and a "security agreement" within the meaning of the UCC. The Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Borrower in the Property. This Deed of Trust further constitutes a financing statement filed as a fixture filing and covers goods which are or are to become fixtures on the Property. Borrower hereby grants to Lender as security for the Debt a security interest in the Property to the full extent that the Property may be subject to the UCC of the State. If an Event of Default shall occur, Lender, in addition to any other rights and remedies which it may have, shall have and may exercise immediately and without demand, any and all rights and remedies granted to a secured party upon default under the UCC. Any disposition pursuant to the UCC of so much of the Property as may constitute personal property shall be considered commercially reasonable if made pursuant to a public sale which is advertised at least twice in a newspaper in which sheriff's sales are advertised in the county where the Premises is located. Any notice of sale, disposition or other intended action by Lender with respect to the Collateral given to Borrower in accordance with the provisions hereof at least ten (10) days prior to such action, shall constitute reasonable notice to Borrower. The proceeds of any disposition of the Collateral, or any part thereof, may be applied by Lender to the payment of the Debt in such priority and proportions as Lender in its discretion shall deem proper.
Security Agreement; Fixture Filing. Borrower, as debtor, grants to Agent on behalf of the Banks, as secured party, as further security for the Obligations, a security interest in all existing and future fixtures and all proceeds of the foregoing. This Mortgage shall be effective as a fixture filing and a financing statement for purposes of Article 9 of the Uniform Commercial Code as in effect in the State of Kansas.
Security Agreement; Fixture Filing. (a) This Mortgage constitutes a security agreement under the Uniform Commercial Code with respect that portion of the Mortgaged Property which is personal property subject to the Uniform Commercial Code. Mortgagee agrees that it will proceed with respect to any personal property covered by this Mortgage in accordance with its rights with respect to the real property pursuant to Section 9-604(a)(2) of the Uniform Commercial Code, and that the provisions of Part 6 of Article 9 of the Uniform Commercial Code other than Section 9-604 shall not apply.
Security Agreement; Fixture Filing. This Mortgage shall constitute a security agreement as defined in the Minnesota Uniform Commercial Code and all acts amendatory thereof and any similar or replacement statute hereafter enacted (the "Code"), and as to those items of Personal Property described in this Mortgage that are, or are to become fixtures related to the real estate mortgaged herein, it is intended as to those items that this Mortgage shall be effective as a financing statement filed as a fixture filing from the date of its filing in the real estate records of the County where the Mortgaged Property is situate. A photographic or other reproduction of this Mortgage may also be filed as a financing statement. The name of the record owner of said real estate is the Mortgagor as set forth in page one of this Mortgage. Information concerning the security interest created by this instrument may be obtained from Mortgagee, as secured party, at its address as set forth in page one of this Mortgage. The address of Mortgagor, as debtor, is as set forth in page one of this Mortgage. This document covers goods which are or are to become fixtures and other personal property.
Security Agreement; Fixture Filing. Grantor, as debtor, grants to Beneficiary, as secured party, as further security for the Secured Amount, a security interest in the Service Equipment, fixtures, Leases, Rents, Contracts and the Proceeds. This Deed of Trust shall constitute a “fixture filing” for purposes of Article 9 of the Code, and is to be filed in the applicable real property records. Grantor is the record owner of the Property. Grantor is a Delaware corporation. Grantor’s organizational identification number is 2278238. Xxxxxxx’s address is stated in the introductory paragraph of this Deed of Trust.
Security Agreement; Fixture Filing. This Mortgage is intended to be a security agreement pursuant to the Uniform Commercial Code ("UCC") for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and Borrower hereby grants Mortgagee a security interest in said items. This Mortgage shall also be deemed to be a fixture financing statement. For such purposes the following information is set forth:
