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201303291
<br /> paneling, rugs, and floor and wall coverings; fences, trees and plants; swimming
<br /> pools; playground and exercise equipment, and classroom furnishings and equipment
<br /> (the "Fixtures");
<br /> 4. Personalty. All equipment, inventory, and general intangibles (the "Personally").
<br /> The definition of "Personalty" includes furniture, furnishings, machinery, building
<br /> materials, appliances, goods, supplies, tools, books, records (whether in written or
<br /> electronic form), computer equipment (hardware and software) and other tangible or
<br /> electronically stored personal property (other than Fixtures) that are owned, leased or
<br /> used by Debtor now or in the future in connection with the ownership, management
<br /> or operation of the Land or the Improvements or are located on the Land or in the
<br /> Improvements, and any operating agreements relating to the Land or the
<br /> Improvements, and any surveys, plans and specifications and contracts for
<br /> architectural, engineering, and construction services relating to the Land or the
<br /> Improvements, choses in action and all other intangible property and rights relating to
<br /> the operation of, or used in connection with, the Land or the Improvements, including
<br /> all certifications, approvals and governmental permits relating to any activities on the
<br /> Land. Generally, intangibles shall also include all cash and cash escrow funds, such
<br /> as but not limited to: replacement reserve funds, bank accounts, residual receipts
<br /> funds, and investments;
<br /> 5. Other Rights. All current and future rights, including air rights, development rights,
<br /> zoning rights, and other similar rights or interests, easements, tenements, rights-of-
<br /> way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses,
<br /> and appurtenances related to or benefiting the Land or the Improvements, or both, and
<br /> all rights-of-way, streets, alleys, and roads which may have been or may in the future
<br /> be vacated;
<br /> 6. Insurance Policies and Proceeds. All insurance policies covering the Mortgaged
<br /> Property, and all proceeds paid or to be paid by any insurer of the Land, the
<br /> Improvements, the Fixtures, the Personalty, or any other part of the Mortgaged
<br /> Property, whether or not Debtor obtained such insurance policies pursuant to Secured
<br /> Party's requirement;
<br /> 7. Awards. All awards, payments and other compensation made or to be made by any
<br /> Governmental Authority (as defined below) with respect to the Land, the
<br /> . Improvements, the Fixtures, the Personalty or any other part of the Mortgaged
<br /> Property, including any awards or settlements resulting from condemnation
<br /> proceedings or the total or partial taking of the Land, the Improvements, the Fixtures,
<br /> the Personalty or any other part of the Mortgaged Property under the power of
<br /> eminent domain or otherwise and including any conveyance in lieu thereof. As used
<br /> herein, "Governmental Authority" means any board, commission, department or body
<br /> of any municipal, county, state, tribal or federal governmental unit, including any
<br /> U.S. territorial government, and any public or quasi-public authority, or any
<br /> subdivision of any of them, that has or acquires jurisdiction over the Mortgaged
<br /> Property, including the use, operation or improvement of the Mortgaged Property;
<br /> B-2
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