|
(g)
<br />(h)
<br />(i)
<br />- 3 -
<br />400
<br />subleases (if, and to the extent that, Borrower has any rights, title or interest therein),
<br />including, without limitation, any assignments thereof (including, without limitation, all
<br />guarantees of any such leases, assignment of leases and subleases) and other agreements
<br />affecting the use, enjoyment or occupancy of the Mortgaged Property and the
<br />Improvements heretofore or hereafter entered into (the "Other Leases "), and all income,
<br />rents, issues, profits and revenues (including all oil and gas or other mineral royalties and
<br />bonuses) from the Mortgaged Property (if, and to the extent that, Borrower has any rights,
<br />title or interest therein) (the "Rents "), and all proceeds from the sale or other disposition of
<br />the Lease or Other Leases and the right to receive and apply the Rents to the payment of the
<br />Debt and the right to receive and apply any payments made to Borrower by the Lessee in
<br />connection with any condemnation or casualty, including, without limitation, Lessee's
<br />purchase of the Mortgaged Property, to payment of the Debt;
<br />(f) all right, title and interest of Borrower in and to any insurance policies covering the
<br />Mortgaged Property or the Lease, including, without limitation, all proceeds thereof and
<br />any unearned premiums on any insurance policies covering the Mortgaged Property,
<br />including, without limitation, the right to receive and apply the proceeds of any insurance,
<br />judgments, or settlements made in lieu thereof, for damage to the Mortgaged Property or
<br />any part thereof, subject to and in accordance with the terms and conditions of the Lease;
<br />subject to the terms and provisions of this Security Instrument, the right, in the name and on
<br />behalf of Borrower, to appear in and defend any action or proceeding brought with respect
<br />to the Mortgaged Property and to commence any action or proceeding to protect the interest
<br />of Lender in the Mortgaged Property or any part thereof;
<br />all franchises, trade names, trademarks, symbols, service marks, books, records, plans and
<br />specifications, contracts, licenses, approvals, consents, subcontracts, service contracts,
<br />management contracts, permits and other agreements of any nature whatsoever now or
<br />hereafter obtained or entered into by Borrower, or any managing agent of the Mortgaged
<br />Property on behalf of Borrower, with respect to the use, occupation, development,
<br />construction and/or operation of the Mortgaged Property or any part thereof or the activities
<br />conducted thereon or therein, or otherwise pertaining to the Mortgaged Property or any part
<br />thereof (but excluding any such items now or hereafter obtained or entered into by Lessee
<br />or Lease Guarantor if, and to the extent that, Borrower has no right, title or interest therein);
<br />all accounts receivable, contract rights, interests, estate or other claims, both in law and in
<br />equity, which Borrower now has or may hereafter acquire in the Mortgaged Property or any
<br />part thereof, and all reserve accounts, accounts for the deposit, collection and /or
<br />disbursement of Rents and other accounts now or hereafter in existence under any Loan
<br />Documents with respect to the Loan (as defined in paragraph 50), including, without
<br />limitation, all interest reserve accounts and replacement reserve accounts provided for
<br />under any documentation entered into or delivered by Borrower in connection with the
<br />Loan;
<br />(j) subject to the terms of the Assignment, all rights which Borrower now has or may hereafter
<br />acquire, to be indemnified and /or held harmless for, from and against any liability, loss,
<br />
|