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201310009
<br />otherwise, whether before or after the filing by or against Borrower of any petition for
<br />relief under 11 U.S.C. §101 et seq., as the same may be amended from time to time or
<br />any successor statute thereto; (vii) all licenses, permits, authorizations, or approvals of
<br />any type or nature whatsoever, now owned or held or hereafter acquired which relate to
<br />the use, development or occupancy of the Premises or the Improvements, or any portion
<br />thereof; (viii) all insurance monies relating to the Premises or the Improvements, or any
<br />portion thereof, and all funds, monies, certificates of deposit, instruments, letters of credit
<br />and deposits of the Borrower held by, deposited with, or paid or payable to the
<br />Beneficiary; (ix) all rents ( "Rents ") from, all issues, uses, profits, proceeds (including
<br />insurance proceeds) and condemnation awards, all products of, all replacements and
<br />substitutions for, and other rights and interests now and hereafter belonging to, any of the
<br />foregoing, all regardless of whether paid or accruing before or after the filing by or
<br />against Borrower of any petition for relief under 11 U.S.C. §101 et seq., as the same may
<br />be amended from time to time or any successor statute thereto; (x) any and all awards or
<br />payments ( "Awards ") accepted in lieu thereof, and including interest thereon and the
<br />right to receive the same, which may be made with respect to the Premises or the
<br />Improvements, or any portion thereof as the result of: (A) the exercise of the right of
<br />eminent domain; (B) the alteration of the grade of any street; or (C) any injury to or
<br />decrease in the value of the Premises or the Improvements, or any portion thereof, to the
<br />extent of the Obligations at the date of the receipt of any such award or payment by the
<br />Beneficiary and to the extent of the reasonable attorneys' fees, costs, and expenses
<br />incurred by the Beneficiary in connection with enforcement thereof and the collection of
<br />any such award or payment; (xi) all construction materials (whether or not incorporated
<br />into the Improvements, or any portion thereof) now owned or hereafter acquired by the
<br />Borrower and located upon or intended to be used in, on, or about the Premises or the
<br />Improvements, or any portion thereof, and in all accessories, parts and accessions
<br />attached to or used in connection therewith; (xii) any and all soil studies and reports,
<br />environmental audits, plans, specifications, drawings, computations, sketches, test data,
<br />survey results, models, photographs, renderings, contract rights, rights, agreements, and
<br />other tangible or intangible property now or hereafter issued, used in connection with,
<br />essential to or relating to the Premises or the Improvements, or any portion thereof, or the
<br />development and construction of improvements thereon; and (xiii) all of Borrower's
<br />right, title and interest in and to all special development and declarant rights, including
<br />without limitation all development rights and all other comparable rights of Borrower as
<br />declarant or successor to declarant arising now or in the future under applicable law; and
<br />f. Any and all proceeds, cash and noncash, and products of the foregoing in
<br />whatever form and all accessions thereto, substitutions and replacements therefor.
<br />894633 /2 /COLUMBUS
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