HomeMy WebLinkAbout2327 and agreements contained herein, the Company hereby (A) mortgages
to the Trustees, the retafl store properties more particularly
described in Schedule A, including the Improvements and Fixtures !
thereon (collectively, the "Properties" and individually, a"Pro- ~
perty"), together with all easements, rights and appurtenances
relating thereto and (B) grants to the Trustees a security interest
in the Fixtures; subject, hok•ever, to the Lease and such of the
Permitted Encumbrances set forth in Schedule A as shall at the
time be in effect and applicable to the respective Properties,
TO H11VE AND TO HOLD the same unto the Trustees and
their successors for the proportionate benef it and security
of the Beneficiaries, their successors and assigns, without
preference, forever.
The Company, for itself, its successors and assigns,
! hereby covenants and agrees with the Trustees for the benefit
~ of the Beneficiaries, as follows: -
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3 ARTICLE I
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~ 1. Definitions. As used in this Indenture, the =
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~ following terms ave the meanings hereinafter set forth:
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~ A reements - Seven Loan and Note Purchase Agreements,
~ dated as o Octo er 1, 1973, among the Company, the Bank
and each of the Note Purchasers, respectively.
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~ Alterations - As defined in Section 6(d).
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~ Bank - First National State Bank of New Jersey, a ~
~ nationa~banking association, its successors and assigns.
~ Beneficiaries - Collectively, the Bank and the Note
Purchasers.
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Com an - Texland Properties Corp., a Delaware
corporation, its successors and assigns.
Company DocuMents - Collecti~~ely, this Indenture,
the Agreements, the tdotes, the Lease and the Lease Assignment.
Corporate Trustee - The National Shawmut Bank of ~
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