200608869 - Laserfiche WebLink

Browse

(d) All permits, consents and other governmental approvals in connection with the construction of the Improvements or the operation of the Trust Property; provided that any permit, consent or other governmental approval which by its terms or by operation of law is not assignable or would become void, voidable, terminable or revocable if pledged or assigned hereunder is expressly excluded to the extent necessary so as to avoid such violation of applicable Law or voidness, avoidability, terminability or revocability; (e) All plans and specifications, studies, tests and design materials relating to the design, construction, repair, alteration or leasing of the Trust Property; and (f) All cash and non -cash proceeds of the above - mentioned items. The provisions contained in the Pioneer Trail Security Agreement are hereby incorporated by reference into this Deed of Trust with the same effect as if set forth in full herein. In the event of a conflict between the provisions of this Deed of Trust and the Pioneer Trail Security Agreement, the Pioneer Trail Security Agreement shall control and govern and the Trustor shall comply therewith. 2.02 Fixture Filing and Financing Statements. This Deed of Trust constitutes a security agreement, fixture filing and financing statement as those terms are used in the Uniform Commercial Code of the State in which the Trust Property is located (the "UCC "). For purposes of this Section 2.02, this Deed of Trust is to be filed and recorded in, among other places, the real estate records of the County in which the Trust Property is located and the following information is included: (1) the Trustor shall be deemed the "Debtor" with the address set forth for the Trustor on the first page of this Deed of Trust which the Trustor certifies is accurate; (2) the Beneficiary shall be deemed to be the "Secured Party" with the address set forth for the Beneficiary on the first page of this Deed of Trust and shall have all of the rights of a secured party under the UCC; (3) this Deed of Trust covers goods which are or are to become fixtures; (4) the land upon which the fixtures are located is described in Exhibit "A "; (5) the name of the record owner of Tracts 1 and 2 of the land is the Debtor; the name of the record owner of Tract 3 of the land is Cargill, Incorporated; and the name of the record owner of Tract 4 of the Land is Rozella M. Lesinger, an undivided %z interest and Richard K. Leisinger, an undivided % interest; (6) the federal tax identification number of the Debtor is 20- 4895293; (7) the Debtor is a limited liability company, organized under the laws of the State of Delaware; and (8) the legal name of the Debtor is Pioneer Trail Energy, LLC. The Debtor hereby authorizes the Beneficiary to file any financing statements and terminations thereof or amendments or modifications thereto without the signature of the Debtor, where permitted by law. ARTICLE III ASSIGNMENT OF LEASES, RENTS AND PROFITS 3.01 Assignment. The Trustor hereby absolutely, irrevocably and unconditionally sells, assigns, transfers and conveys to the Beneficiary all of the Trustor's right, title and interest in and to all current and future Leases and Rents, including those now due, past due, or to become due by virtue of any Lease or other agreement for the occupancy or use of all or any part of the Trust Property. The Trustor intends that this assignment constitute a present and absolute assignment and not an assignment for additional security only. Such assignment to the X