|
200501885
<br />the Leases, as the case may be; and (d) any other information reasonably
<br />requested by Beneficiary.
<br />ARTICLE 4. SECURITY AGREEMENT AND FIXTURE FILING
<br />4.1 SECURITY INTEREST. Grantor hereby grants and assigns to Beneficiary as of
<br />the "Effective Date" (defined in the Loan Agreement) a security interest, to secure
<br />payment and performance of all of the Secured Obligations, in all of the following
<br />described personal property in which Grantor now or at any time hereafter has
<br />any interest (collectively, the "Collateral "):
<br />All goods, building and other materials, supplies, inventory, work in process,
<br />equipment, machinery, fixtures, furniture, furnishings, signs and other personal
<br />property and embedded software included therein and supporting information,
<br />wherever situated, which are or are to be incorporated into, used in connection
<br />with, or appropriated for use on (i) the real property described on Exhibit A
<br />attached hereto and incorporated by reference herein or (ii) any existing or future
<br />improvements on the real property (which real property and improvements are
<br />collectively referred to herein as the "Subject Property "); together with all rents
<br />and security deposits derived from the Subject Property; all inventory, accounts,
<br />cash receipts, deposit accounts, accounts receivable, contract rights, licenses,
<br />agreements, general intangibles, payment intangibles, software, chattel paper
<br />(whether electronic or tangible), instruments, documents, promissory notes,
<br />drafts, letters of credit, letter of credit rights, supporting obligations, insurance
<br />policies, insurance and condemnation awards and proceeds, proceeds of the sale
<br />of promissory notes, any other rights to the payment of money, trade names,
<br />trademarks and service marks arising from or related to the ownership,
<br />management, leasing, operation, sale or disposition of the Subject Property or any
<br />business now or hereafter conducted thereon by Grantor; all development rights
<br />and credits, and any and all permits, consents, approvals, licenses, authorizations
<br />and other rights granted by, given by or obtained from, any governmental entity
<br />with respect to the Subject Property; all water and water rights, wells and well
<br />rights, canals and canal rights, ditches and ditch rights, springs and spring rights,
<br />and reservoirs and reservoir rights appurtenant to or associated with the Subject
<br />Property, whether decreed or undecreed, tributary, non - tributary or not non -
<br />tributary, surface or underground or appropriated or unappropriated, and all shares
<br />of stock in water, ditch, lateral and canal companies, well permits and all other
<br />evidences of any of such rights; all deposits or other security now or hereafter
<br />made with or given to utility companies by Grantor with respect to the Subject
<br />Property; all advance payments of insurance premiums made by Grantor with
<br />respect to the Subject Property; all plans, drawings and specifications relating to
<br />the Subject Property; all loan funds held by Beneficiary, whether or not disbursed;
<br />all funds deposited with Beneficiary pursuant to any loan agreement; all reserves,
<br />deferred payments, deposits, accounts, refunds, cost savings and payments of any
<br />kind related to the Subject Property or any portion thereof, together with all
<br />replacements and proceeds of, and additions and accessions to, any of the
<br />7
<br />#1060655 v4
<br />
|