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<br /> (1) Rights. The right, in the name and on behalf of Borrower, to appear in and defend
<br /> any action or proceeding brought with respect to the Property and to commence any action or
<br /> proceeding to protect the interest of Lender in the Property;
<br /> (m) Agreements. All agreements, contracts, certificates, instruments, franchises,
<br /> permits, licenses, plans, specifications and other documents, now or hereafter entered into, and
<br /> all rights therein and thereto, respecting or pertaining to the use, occupation, construction,
<br /> management or operation of the Land and any part thereof and any improvements or any
<br /> business or activity conducted on the Land and any part thereof and all right, title and interest of
<br /> Borrower therein and thereunder, including, without limitation, the right, upon the happening of
<br /> and during the continuance of any Event of Default, to receive and collect any sums payable to
<br /> Borrower thereunder;
<br /> (n) Intangibles. All tradenames, trademarks, servicemarks, logos, copyrights,
<br /> goodwill, books and records and all other general intangibles relating to or used in connection
<br /> with the operation of the Property;
<br /> (o) Accounts. All reserves, escrows and deposit accounts maintained by Borrower
<br /> with respect to the Property, including without limitation, the Accounts and all cash, checks,
<br /> drafts, certificates, securities, investment property, financial assets, instruments and other
<br /> property held therein from time to time and all proceeds, products, distributions or dividends or
<br /> substitutions thereon and thereof(collectively, the "Accounts");
<br /> (p) Proceeds. All proceeds of any of the foregoing items set forth in subsections (a)
<br /> through (o) including, without limitation, Insurance Proceeds and Awards, into cash or
<br /> liquidation claims; and
<br /> (q) Other Rights. Any and all other rights of Borrower in and to the items set forth in
<br /> subsections (a) through (p) above.
<br /> Section 1.2. ASSIGNMENT OF RENTS. Borrower hereby absolutely and unconditionally
<br /> assigns to Lender and Trustee all of Borrower's right, title and interest in and to all current and
<br /> future Leases and Rents; it being intended by Borrower that this assignment constitutes a present,
<br /> absolute assignment and not an assignment for additional security only. Nevertheless, subject to
<br /> the terms of the Loan Agreement and Section 8.1(h) of this Security Instrument, Lender grants to
<br /> Borrower a revocable license to (i) collect, receive, use and enjoy the Rents and Borrower shall
<br /> hold the Rents, or a portion thereof sufficient to discharge all current sums due on the Debt, for
<br /> use in the payment of such sums, and (ii) enforce the terms of the Leases.
<br /> Section 1.3. SECURITY AGREEMENT. This Security Instrument is both a real property
<br /> mortgage and a"security agreement" within the meaning of the Uniform Commercial Code. The
<br /> Property includes both real and personal property and all other rights and interests, whether
<br /> tangible or intangible in nature, of Borrower in the Property. By executing and delivering this
<br /> Security Instrument, Borrower hereby grants to Lender and Trustee, as security for the
<br /> Obligations (hereinafter defined), a security interest in the Personal Property to the full extent
<br /> that the Personal Property may be subject to the Uniform Commercial Code.
<br /> 79583000016 EMF U544372868x1
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