Filing 20172004139

(a) a specified percentage of [ALTITUDE WINDOWS AND DOORS LLC dba ALTITUDE WINDOWS AND DOORS]'s (hereinafter "Merchant") rights to receive payments from Merchant's customers or other third parties (whether by any type of payment card, cash, check, electronic fund transfer or other form of monetary payment) that arise out of Merchant's sale of goods or services to Merchant's customers at any location in the ordinary course of Merchant's business within a specified time period and (b) all personal property of Merchant that relates to item (a) above, including all accounts, chattel paper, documents, equipment, general intangibles, instruments, inventory (as those terms are defined in Article 9 of the Uniform Commercial Code ("UCC") in effect from time-to-time in the State of Florida), trademarks, trade
names, service marks, logos and other sources of business identifiers, and all registrations, recordings, and applications with the U.S. Patent and Trademark Office and all renewals, reissues and extensions thereof (collectively "IP"), together with any written agreement granting any right to use any IP; and (c) all proceeds with respect to the items described in (a) and (b) above, as the term "proceeds" is defined in Article 9 of the UCC. Merchant has contractually agreed not to enter into any arrangement, agreement or commitment that relates to or involves the collateral, whether in the form of an actual or attempted sale or purchase of, security interest in or sale or purchase of credits against the collateral with any party other than the Secured Party. Accordingly, the acceptance of any security interest in the collateral by anyone
other than the Secured Party may constitute the tortious interference with the Secured Party's agreement with Merchant. Additionally, if Merchant takes additional financing, working capital or a loan that relates to or involves the collateral as described above from any person other than the Secured Party, Merchant shall be in default of Merchant's agreement with the Secured Party and the third party likewise may be liable to the Secured Party for tortious interference with the Secured Party's agreement with Merchant. In the event that any person is granted a security interest in the collateral contrary to Merchant agreement with the Secured Party or takes any other action causing Merchant to be in default of that agreement, the Secured Party may assert a claim to the collateral and any proceeds thereof received by such person and pursue any other remedies available under the law.