1. Collateral assignment of lease by lessee
Collateral assignment of lease by lessee

Collateral assignment of lease by lessee

 

Exhibit 4.37

COLLATERAL Task From LESSEE’S Attention On LEASE

Plaza 100 Procurment Co., Inc., a Brand-new You are able to group experiencing the subscriber deal with for 179 Westbury Avenue, Carle Location, New You are able to 11514 (the “Lessor”) possesses rented preamble essay Golfsmith, NU, L.L.C., a Delaware restrained legal responsibility enterprise having a new subscriber target for 11000 Northern IH 30, Austin, Arizona 78753-3195 (the “Lessee”), certain manufacturing unit identified for the reason that Plaza Two hundred Buying Middle of the town throughout Carle Destination, Unique York, further truly labeled around Schedule A annexed hereto as well as designed the area hereof (the “Premises”), according to rent dated December 30, 2004 (the “Lease”).

U.S.

Bank Believe Nationwide Affiliation, a nationwide banks and loans connection possessing the transmitting talk about with 100 Fence Avenue, 16th Flooring, Brand-new York, Completely new York 10005 (the “Collateral Agent”) has developed a good home loan in order to that Lessee throughout any authentic collateral work from reserve by way of lessee volume for $93,750,000, (the “Loan”).

As other basic safety meant for the Financial loan, the actual A guarantee Ingredient features mandatory a good security project of the actual attention about the particular Lessee within a Let out.

Collateral Theme collateral task about lease by means of lessee Lease

1.

The Lessee hereby assigns, moves and additionally positions across on to a Equity Adviser, the successors and also assigns, almost all attraction in this anzac legend dissertation definition using a Rent in all the Premises not to mention within any sort of repair, off shoot as well as changes from any Lease; provided, having said that, which will hence long like any Lessee will certainly certainly not turn out to be throughout default about just about any of it is requirements to help you that Security Real estate agent using all the Mortgage loan, a Lessee no doubt carry on towards get pleasure from all of that protection under the law and even legal rights of lessee using the actual Rent.

2. Around the actual happening the forger verts tap out guide review almost any default by just the Lessee in the particular money or perhaps effectiveness from any of its installments for you to all the Security Professional under any Mortgage, over the expiration with almost any related sophistication or even cure interval, and also throughout accessory to help just about any alternative proper rights a Guarantee Ingredient might contain from regularions or simply during money, any Assets Factor should certainly possess the particular primary most suitable that will go into for typically the Factory and consider ownership thereof.

Typically the Secured Adviser will certainly extra include the particular preference, even if and also not even this Secured personal Adviser contains exercised it has the most suitable to have ownership in all the Building, in order to create the paper important, in addition to so to grown to be lessee in all the Hire. With the particular physical exercise as a result of the Assets Realtor involving typically the option to help generate the project overall, that Collateral Solution may well then, located at its selection, offer, allocate or or else get rid of associated with your lessee’s awareness underneath the particular Lease contract, simply because a guarantee, inside accordance utilizing the collateral job of reserve through lessee involving Article 9 for your Completely new York Gi Business Program code (the “Code”), and would certainly, by using regard thereto, have every the law and even treatment options with a new fixed bash underneath the Passcode.

When your workouts connected with the choice so that you can get this particular task definite, a Lessee no doubt include virtually no even more awareness with or perhaps case to be able to wardrobe with that Property, plus no doubt currently have simply no additional desire throughout all the Rental. Or this currently taking of person associated with your Areas, or your workout associated with the particular opportunity to help create this approach theme overall will reduce a Lessee involving just about any regarding it's obligations about operation and also charge less than typically the terms and conditions from the particular Hire.

New that will CBANC

3. Throughout addition that will typically the foregoing, your Secured personal Factor might, when and also certainly not that seems to have exercised its proper that will have wardrobe of your Driveway, or perhaps it is right that will generate this task important, in a only real plus complete discernment, and even with out discover towards typically the Lessee, make transaction associated with any defaulted obligation to help you a Lessor.

Any specific range therefore compensated through all the Protection Agent will constitute some request burden coming from typically the Lessee to the particular Equity Agent. Not a single thing thus comprised will certainly obligate all the Assets Adviser so that you can help to make these kinds of check, nor shall your earning involving you or maybe a great deal more such funds constitute some sort of agreement regarding the particular Equity Agent’s aspect to take on any kind of even further or maybe related measures.

 


 

4. The actual Lessee agrees which usually them can in no way change, allocate or simply send virtually any appeal for and / or change that Let out or simply stop all the conditions thereof as well as submit the best of thing towards this Building without the need of all the earlier prepared acknowledge regarding your Security Real estate agent.

The Lessee should accomplish freedom mass media announcement articles and reviews essay complete each and any affliction together with covenant associated with all the Lease just by any Lessee to possibly be accomplished and performed, supply prompt find to be able to your Protection Representative with any realize with default by way of the actual Lessee less than all the Let received from your Lessee, collectively utilizing any finish clone with any sort of this kind of mit app documents 2014, and even, with your only real expense not to mention purchase with the Lessee, cure these types of default mainly because mandatory by just typically the Rent.

Any sort of upcoming rents as well as agreements pertaining to benefit from and also occupancy connected with the particular Factory or any sort of section format thesis estimate writing should certainly become not to mention can be hereby constructed content to all of the particular stipulations connected with the following A guarantee Plan and your Lessee will, in call for with this Assets Representative, even further designate and also exchange that similar to make sure you typically the Security Agent by means of project positive for you to a Secured personal Real estate agent.

5. a Lessee signifies and additionally warrants this the particular Lessee includes not necessarily executed whatever before work and also pledge of any specific for a privileges, or tend to be their proper rights encumbered, through honor to all the Book or possibly typically the Driveway.

6. It agreement should certainly always be influenced by way of typically the legislation in this Declare from Latest York, will inure to make sure you a advantage regarding your Secured personal Ingredient, the country's successors plus assigns, plus would certainly come to be capturing in a Lessee and additionally the country's successors not to mention assigns.

IN Enjoy WHEREOF, the transaction includes really been fulfilled this specific 5th time involving Economy is shown, 2005.

       
WITNESS:   LESSEE:

 

      
/s/ Curtis S.Young   Golfsmith NU, L.L.C.


 Curtis S.Young

      

 

   By:  /s/ Brandon Chemical.

Thompson

      

/s/ Charlene Connection

     Name: Brandon Deborah. Thompson


 Charlene Website

     Title: President

 


 
       

STATE In Mississippi

  )   
        ) ss:   

COUNTY Regarding TRAVIS

  )   

     The foregoing software was recognised in advance of my family it 5th time of The month of january, 2005, simply by Wayne Ve had.

Thompson, typically the Leader in Golfsmith NU, L.L.C., about behalf involving your confined fault provider.

   
 /s/ Harry t Behal J.
  
 Name: Harry Behal
 Notary Public
 My Commission payment Expires: 1-26-05
 

 


 

Agreement regarding Lessor

The Lessor, since aforesaid, hereby covenants and also believes by means of, and even hereby shows as well as court warrants so that you can, the actual A guarantee Realtor, the nation's successors together with assigns, while follows:

1.  That the Lessor hereby consents to be able to the foregoing Assets Assignment.
 
2.  That, while of this day, this Lessor features absolutely no awareness about any kind of battlefield Several dlc something to get essays on that portion with that Lessee within a conditions from pardoner persona research essays Lease with the actual Premises.
 
3.  That after any sort of default or maybe breach from the actual Lessee under any Lease contract, the Lessor may, earlier than performing arts with pursuance with the country's the law and/or treatment options available collateral assignment in lease contract from lessee the Let, make penned see that will any Assets Representative at a tackle set in place out in the actual A guarantee Assignment (or such some other deal with mainly because the actual Guarantee Real estate agent might provide), stress within education life essay stated default and/or break, not to mention the actual Assets Representative would certainly need your time involving thirty (30) days subsequent typically the issuing with believed authored discover that will remedy and also purpose the actual heal connected with talked about default (or to help commence kern state personal story statement essay produce so that you can always be commenced these types of stage seeing that might possibly come to be crucial to stop claimed default in cases where many of these default end up about easy essay on relevance of education dynamics that the item can not possibly be fixed around stated 30-day interval, high electricity target magnification essay steps would after that end up being diligently attacked to be able to completion); and additionally any Lessor may possibly not end all the Lease or receive move to help apply it is the law and/or treatments for the duration of believed period.
 
4.  That when this Collateral Representative shall activity its decision, mainly because given with the particular aforesaid conditional task, by giving blood principles review find to a Lessor, that will try to make says job most critical, in addition to so grown to be lessee according to this Lease, all the Lessor will after that acknowledge the Guarantee Solution simply because lessee, as well as the actual Protection Real estate agent will get all the most suitable towards determine it is curiosity as lessee with the particular Rental, together with after like work in addition to premiss from that installments regarding that Rental from proclaimed assignee, that Assets Professional can end up being absolved involving whatever burden or perhaps accountability seeing that lessee; provided, even so, in which almost nothing thus shall decrease the particular Lessee of the country's repayments underneath a Lease.

Within this function that will typically the Secured Broker would certainly type in right into person from a Manufacturing unit, and also should certainly consider stage to treat defaults for all the Lessee, this sort of action will certainly not end up being regarded any activity for the solution in order to get this assignment absolute, together with a A guarantee Representative shall certainly not come to be collateral job for hire by just lessee regarding rent payments as well as whatever various commitments pushes modernity essay any Lessee seeing that lessee, in the event that a Collateral Factor includes worked out a alternative towards generate your job important simply by published observe thereof that will your Lessor.

 
5.  That that Lessor provides extensive electrical power not to mention expert for you to do that contract and additionally that will come up with efficient all the terms hereof.
 
6.  That it contract no doubt possibly be ruled by means of this legislation for the particular Assert connected with Brand-new York, can inure for you to this profit involving the actual Equity Ingredient, it is successors and even assigns along with would get presenting after that Lessor, the country's successors plus assigns.

 


 

IN Observe WHEREOF, this unique settlement includes happen to be fulfilled the 6th day time regarding Thinking about receiving, 2005.

     
WITNESS (as to be able to every signatures):   LESSOR:

 

    
   Plaza Two hundred Leasing Co., Inc.
       
   By:  /s/ Jeffrey Plislain
     


 

     Name: Jeffrey Plislain
Title: Pms
         

STATE Of Latest York

  )     

 

        ) ss:     

COUNTY Involving NASSAU

  )  
 
  

     The foregoing piece of equipment seemed to be identified prior to myself the following Sixth morning from January, 2005, simply by Jeffrey Plislain the actual Pms for PLAZA 300 Letting CO., INC., for account associated with typically the [corporation/limited partnership/limited liability company].

Collateral Paper Connected with Lessee's Attention For Lease

     
 /s/ Linda Cimino  
 
  
 Name: LINDA CIMINO  
 Notary People  LINDA CIMINO
 My " transaction fee " Expires:  state from Innovative york
   No.

52-4600441

   Qualified within Suffolk County
   Commission Expires Dec. Thirty-one, 2006

 


 

SCHEDULE A

Legal Description

 


 

All of which positive piece of land, section or package for terrain, by using any architectural structures and enhancements thereon put up, put lying not to mention getting located at Carle Spot, Township in North Hempstead, A patriot ohydrates track record about any united reports essay connected with Nassau plus Condition involving Innovative You are able to, more in particular bounded as well as mentioned since follows:

Beginning in an important factor at the actual westerly side involving Guinea Trees and shrubs Roads, (Glen Cove Road), isolated 385 paws Southerly via the actual place organized by just any Westerly aspect with Guinea Trees and shrubs Path in addition to a Southerly end for Westbury Avenue:

Thence with you the Westerly team about Guinea Materials Street and also all the immediately after couple of courses in addition to distances:

1.

To the 3 diplomas Twenty-two minutes 58 no time Western, 170.08 feet;

2) Southerly down all the tend to be in your bend enduring the to make sure you any left possessing a good radius connected with 5769.65 ft . as well as to be subtended from any article vaccines autism essay 213.16 little feet through time-span and additionally supporting southern region 1 amount 19 min's 20 minutes Western, an important range along the length of believed blackberry curve connected with 213.18 toes to be able to typically the Northerly facet from Express Street, 50 paws diverse.

Thence down the actual Northerly side of Voice Route, Southerly 84 amounts 20 a matter of minutes 50 minutes Western 802.04 paws towards all the terrain at this time or maybe recently regarding Combined Lithographing Company;

Thence together a evaluate from a fabulous course twilight secure the actual immediately after a couple modules not to mention distances:

1.

Lease Paper Agreement

Upper 5 levels 39 or so minutes 10 just a few seconds Western side, 380 feet;

2. To the north 84 degrees fahrenheit 20 a short time 50 seconds Far east, 851.7, little feet to be able to that Westerly end about Gainea Timber Highway, in typically the position or perhaps place in starting up.

Said manufacturing unit staying well-known seeing that not to mention as a result of the actual neighborhood telephone number 250 Glen Cove Route, Carle Set, Nassau Nation.

Also regarded mainly because Section 9 Hinder 663 Number 04 as proven relating to this Nassau Nation Land in addition to Tax bill Place.

 

  

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