Common use of Security Agreement, Fixture Filing and Financing Statement Clause in Contracts

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 8 contracts

Samples: Security Agreement (KBS Real Estate Investment Trust III, Inc.), KBS Real Estate Investment Trust II, Inc., KBS Real Estate Investment Trust II, Inc.

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Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes Grantor’s irrevocable Mortgagor’x xxxxxxcable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 5 contracts

Samples: Grubb & Ellis Healthcare REIT, Inc., Grubb & Ellis Healthcare REIT, Inc., Grubb & Ellis Healthcare REIT, Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within and upon the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: Manufactured Housing Properties Inc., Manufactured Housing Properties Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: Assignment, Security Agreement (KBS Strategic Opportunity REIT, Inc.), Agreement and Fixture (KBS Strategic Opportunity REIT, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail; provided that in either case, such description is limited to assets used on or in connection with the Property.

Appears in 2 contracts

Samples: Grubb & Ellis Healthcare REIT, Inc., G REIT Liquidating Trust

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to BeneficiaryMortgagee, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: Easement and Construction Agreement (KBS Real Estate Investment Trust III, Inc.), KBS Real Estate Investment Trust III, Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Borrower to Beneficiary, for the ratable benefit of Lenders, Lender under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Lender shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Borrower and Beneficiary Lender are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Borrower hereby irrevocably authorizes Beneficiary Lender at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Lender to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorBorrower’s irrevocable authorization for Beneficiary Lender at any time and from time to time to file any initial financing statements and amendments thereto and continuation statements that indicate the Personalty (a) as “all assetsassets of Borrower, wherever locatedof Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: www.sec.gov, Behringer Harvard Opportunity REIT II, Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, Beneficiary (as agent for the ratable benefit of Lenders, ) under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary (as agent for Lenders) shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 2 contracts

Samples: Grubb & Ellis Healthcare REIT, Inc., Grubb & Ellis Healthcare REIT, Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. Notwithstanding anything herein or in any other Loan Documents to the contrary, this Mortgage does not grant to Mortgagee a security interest in any Movable Personal Property. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate land evidence records of each county city or town where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorXxxxxxxxx’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, but excluding any Movable Personal Property, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Security Agreement (AstroNova, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor Grantor, as debtor, to Beneficiary, for the ratable benefit of Lenders, as secured party, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. Trustor is the record owner of the Leasehold Estate. The types or items of collateral covered hereby includes goods that are or are to become fixtures with respect to the Leasehold Estate. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Grantor, Trustee and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for 20180237443 Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail. Without limiting the generality of the foregoing, whether or not an Event of Default has occurred, such appointment of Beneficiary as Grantor’s attorney-in-fact to exercise shall include, without limitation, the power by Beneficiary to exercise any Lessee Bankruptcy Rights, including making the 365(h) Election to prepare and file any objection to any proposed sale of the Property by Ground Lessor pursuant to Section 363 of the Bankruptcy Code, to prepare and file any objection to any disclosure statement or plan, or similar document, filed in any Insolvency Proceeding, and to take any other action with respect to the Land or Ground Lease in any Insolvency Proceeding of Ground Lessor.

Appears in 1 contract

Samples: KBS Real Estate Investment Trust II, Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for Beneficiary on behalf of the ratable benefit of Lenders, Secured Parties under the Uniform Commercial Code of the StateUCC. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable LawUCC. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Real Property and is to be filed for record in the real estate records of each county where any part of the Real Property (including such fixtures) is situated. This Deed of Trust shall be effective as a security instrument under the XXXX with respect to the Leases and the Rents. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing Exhibit D – Form of Mortgage statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable LawLegal Requirement, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Credit Agreement (Heckmann Corp)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor the Company and the Issuer to Beneficiary, for the ratable benefit of Lenders, Collateral Agent under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary the Collateral Agent shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor the Company, the Issuer and Beneficiary the Collateral Agent are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor the Company and the Issuer hereby irrevocably authorizes Beneficiary authorize the Collateral Agent at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary the Collateral Agent to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detailMortgage.

Appears in 1 contract

Samples: Security Agreement and Fixture (Tempur Pedic International Inc)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, Beneficiary (as agent for the ratable benefit of Lenders, ) under the Uniform Commercial Code of the State, and Grantor hereby grants to Beneficiary a security interest in all such Personalty. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary (as agent for Lenders) shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Grubb & Ellis Healthcare REIT, Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Term Loan Agreement (Acadia Realty Trust)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the PersonaltyPersonalty and Property, and, to the extent the Personalty or any part of the Property is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to BeneficiaryMortgagee, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.. BK 23319 PG 1099

Appears in 1 contract

Samples: KBS Real Estate Investment Trust II, Inc.

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Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as "all assets" of Grantor Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: And Security Agreement (Inland Diversified Real Estate Trust, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s 's irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as "all assets" of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: Security Agreement (Sonomawest Holdings Inc)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the PersonaltyPersonalty and Property, and, to the extent the Personalty or any part of the Property is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to BeneficiaryMortgagee, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.. BK 23319 PG 951

Appears in 1 contract

Samples: KBS Real Estate Investment Trust II, Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. Notwithstanding anything herein or in any other Loan Documents to the contrary, this Deed of Trust does not grant to Beneficiary a security interest in any Movable Personal Property. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s 's irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as "all assets" of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

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

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

Samples: KBS Strategic Opportunity REIT, Inc.

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust to Secure Debt creates a security interest in the PersonaltyPersonalty and Fixtures, and, to the extent the Personalty is or Fixtures are not real property, this Deed of Trust to Secure Debt constitutes a security agreement from Grantor to Beneficiary, for the ratable benefit of Lenders, Grantee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust to Secure Debt and otherwise, Beneficiary Grantee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. To confirm that intent, and to further secure the Obligations, Grantor grants Grantee a security interest in the Personalty and Fixtures. This Deed of Trust to Secured Debt shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust to Secured Debt shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary Grantee are set forth in the opening paragraph of this Deed of Trustto Secured Debt. A carbon, photographic or other reproduction of this Deed of Trust to Secured Debt or any other financing statement relating to this Deed of Trust to Secured Debt shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary Grantee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Grantee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detailSecure Debt.

Appears in 1 contract

Samples: Dixie Group Inc

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, Mortgagee (as agent for the ratable benefit of Lenders, ) under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee (as agent for Lenders) shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail; provided that in either case, such description is limited to assets used on or in connection with the Property.

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement and Fixture (Grubb & Ellis Healthcare REIT, Inc.)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the PersonaltyPersonalty and Fixtures, and, to the extent the Personalty is or Fixtures are not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to Beneficiary, for the ratable benefit of Lenders, Mortgagee under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. To confirm that intent, and to further secure the Obligations, Mortgagor grants Mortgagee a security interest in the Personalty and Fixtures. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. The foregoing authorization includes Grantor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detailMortgage.

Appears in 1 contract

Samples: Security Agreement (Dixie Group Inc)

Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust Mortgage creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust Mortgage constitutes a security agreement from Grantor Mortgagor to BeneficiaryMortgagee, for the ratable benefit of Lenders, under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust Mortgage and otherwise, Beneficiary Mortgagee shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor Mortgagor and Beneficiary Mortgagee are set forth in the opening paragraph of this Deed of TrustMortgage. A carbon, photographic or other reproduction of this Deed of Trust Mortgage or any other financing statement relating to this Deed of Trust Mortgage shall be sufficient as a financing statement for any Book29750/Page1328 of the purposes referred to in this Section. Grantor Mortgagor hereby irrevocably authorizes Beneficiary Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary Mortgagee to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of TrustMortgage. The foregoing authorization includes GrantorMortgagor’s irrevocable authorization for Beneficiary Mortgagee at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (a) as “all assets” of Grantor Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail.

Appears in 1 contract

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

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