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or (d) liable in any manner for the Property or the use, occupancy, enjoyment, or operation of all
<br />or any part of it.
<br />FNBO /Nova -Tech
<br />Leasehold Deed of Trust
<br />DOCS/1660400.5
<br />ARTICLE II
<br />GRANT OF SECURITY INTEREST AND FIXTURE FILING
<br />5
<br />201605328
<br />Section 2.01. Grant of Security Interest. This Deed of Trust constitutes a security
<br />agreement under the UCC. Trustor grants to Beneficiary a security interest in, and pledges and
<br />assigns to Beneficiary, all of Trustor's right, title, and interest now or hereafter acquired in and to
<br />all of the following described personal property (collectively, the "Personalty "):
<br />(a) All Fixtures to the extent they may be characterized as personal property;
<br />and
<br />(b) All equipment located on or used in connection with the Land and the
<br />Improvements; and
<br />(c) All rights to the payment of money, accounts deposited by Trustor with
<br />third parties (including all utility deposits), contract rights, instruments, architectural and
<br />engineering plans, specifications and drawings, and as -built drawings, which arise from or relate
<br />to the Land; and
<br />(d) All building materials, equipment, or work in process, whether stored on
<br />the Land or elsewhere, which have been or later will be acquired for the purpose of being
<br />delivered to, incorporated into, or installed in or about the Land or Improvements; and
<br />(e) All general intangibles and rights relating to the Property, including all
<br />permits, licenses, and claims to or demands for the voluntary or involuntary conversion of any of
<br />the Land, the Improvements or the other property described above into cash or liquidated
<br />claims, proceeds of any insurance policies, present and future, payable because of loss
<br />sustained to all or any part of any Property, whether or not such insurance policies are required
<br />by Beneficiary, and all condemnation awards or payments now or later to be made by any public
<br />body or decree by any court of competent jurisdiction for any taking or in connection with any
<br />condemnation or eminent domain proceeding, and all causes of action and their proceeds for
<br />any damage or injury to the Land, the Improvements, or the other property described above or
<br />any part of them, or breach of warranty in connection with the construction of the Improvements,
<br />including causes of action arising in tort, contract, fraud, or concealment of a material fact; and
<br />(f) All substitutions, replacements, additions, accessions, and proceeds for
<br />or to any of the foregoing, and all books, records and files relating to any of the foregoing,
<br />including computer readable memory and data and any computer software or hardware
<br />reasonably necessary to access and process such memory and data.
<br />Section 2.02. Fixture Filing; Description of Fixtures. This Deed of Trust constitutes a
<br />fixture filing under Sections 9- 501(a)(1) and 9- 502(c) of the UCC, as amended or recodified
<br />from time to time, and for this purpose, the following information is set forth: (a) Trustor is the
<br />debtor and its address is shown in Section 9.10 below; (b) Beneficiary is the secured party and
<br />its address is shown in Section 9.10 below; (c) this document covers goods which are or are to
<br />become Fixtures on the Land described on Exhibit "A" attached hereto; (d) Trustor (debtor)
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