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201310009
<br />the Improvements, or any portion thereof, including without limitation the following: (i)
<br />any and all fixtures, appliances, machinery, and equipment of any nature whatsoever, and
<br />other articles of property (real, personal or mixed) at any time now or hereafter installed
<br />in, attached to or situated in or upon the Premises or any portion thereof, or other
<br />Premises described above or the buildings and improvements to be erected thereon, or
<br />used or intended to be used in connection with the Premises, or any portion thereof, or in
<br />the operation of the buildings and improvements, plant, business or dwelling situated
<br />thereon, whether or not the said buildings and improvements are or shall be affixed
<br />thereto, including, without limiting the generality of the foregoing, all building materials,
<br />fixtures, building machinery and building equipment delivered to the Premises, or any
<br />portion thereof during the course of, or in connection with, any construction of any
<br />buildings and improvements, and all furniture, fixtures, and equipment hereafter located
<br />on the Premises by way of replacement, substitution, addition, or otherwise (collectively,
<br />the "Fixtures "); (ii) any and all accounts, deposit accounts, accounts receivable, contract
<br />rights, chattel paper, documents, instruments, and other obligations, including supporting
<br />obligations, of any kind, now or hereafter existing, arising out of or in connection with or
<br />out of the use of or relating to the Premises or the Improvements, or any portion thereof,
<br />and all rights now or hereafter existing in and to all security agreements, leases, and other
<br />contracts securing or otherwise relating to any such accounts, accounts receivable,
<br />contract rights, chattel paper, documents, instruments, or other obligations, including
<br />supporting obligations; (iii) any and all general intangibles, letter -of- credit rights, and
<br />investment property, including without limitation, goodwill, trademarks, tradestyles,
<br />tradenames, books and records tenant or guest lists, advertising materials, telephone
<br />exchange numbers identified in such materials, consumer lists, vendor lists, accounting
<br />software, franchise rights, option rights, purchase contracts, and leasehold interests
<br />arising out of the use of or relating to the Premises or the Improvements, or any portion
<br />thereof; (iv) any and all inventory in any form arising out of the use of or relating to the
<br />Premises or the Improvements, or any portion thereof, wherever located, now or hereafter
<br />existing, including, without limitation, (A) all products sold in the ordinary course of
<br />business of the Borrower and raw materials and work -in- process therefor, finished goods
<br />thereof, and materials used or consumed in the manufacture or production thereof; (B)
<br />goods in which the Borrower has any interest in mass or a joint or other interest or right
<br />of any kind (including, without limitation, goods in which the Borrower has an interest or
<br />right as consignee); and (C) goods which are returned to or repossessed by the Borrower,
<br />and all accessions thereto and products thereof and documents therefor; (v) any and all
<br />water and water rights, ditch and ditch rights, reservoir and reservoir rights, stock or
<br />interest in water, irrigation or ditch companies, royalties, minerals, oil and gas rights, and
<br />lease or leasehold interest owned by the Borrower, now or hereafter used or useful in
<br />connection with, appurtenant to or related to the Premises or the Improvements, or any
<br />portion thereof; (vi) all leases ( "Lease ") of the Premises or the Improvements, or any
<br />portion thereof, or any part thereof, including, without limitation, that certain Lease
<br />Agreement between Borrower, as landlord, and Chief Industries, Inc., as tenant, and that
<br />certain Equipment Lease between Borrower, as landlord, and Chief Industries, Inc., as
<br />tenant, now or hereafter entered into or presently in existence and all rights, title, and
<br />interest of the Borrower thereunder, including cash and securities deposited under said
<br />leases to secure the performance by the lessees of their obligations thereunder or
<br />894633/2 /COLUMBUS
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