|
20140 400
<br />damage, costs or expense (including, without limitation, attorneys' fees and disbursements)
<br />relating to the Mortgaged Property or any part thereof;
<br />(k) all appurtenances in respect of or otherwise relating to the Lease, including, but not limited
<br />to, all the estate and rights of the Borrower of, in and to (i) all modifications, extensions and
<br />renewals of the Lease and all rights to renew or extend the term thereof, (ii) all of
<br />Borrower's rights, if any, pertaining to deposits of the Lessee under the Lease (including
<br />lessee security deposits, if any), (iii) all other options, privileges and rights granted and
<br />demised to the Borrower under the Lease, (iv) all the right or privilege of the Borrower to
<br />terminate, cancel, abridge, surrender, merge, modify or amend the Lease, and (v) any and
<br />all possessory rights of the Borrower and other rights and /or privileges of possession,
<br />including, without limitation, the Borrower's right to elect to take possession of the
<br />Mortgaged Property;
<br />(1) all of the Borrower's claims and rights to damages and any other remedies in connection
<br />with or arising from the rejection of the Lease by the Lessee or any trustee, custodian or
<br />receiver pursuant to the United States Bankruptcy Code, as amended (the "Bankruptcy
<br />Code ") in the event that there shall be filed by or against the Lessee any petition, action or
<br />proceeding under the Bankruptcy Code or under any other similar federal or state law now
<br />or hereafter in effect;
<br />(m) all of Borrower's interest in and to all minerals, crops, timber, trees, shrubs, flowers and
<br />landscaping features now or hereafter located on, under or above the Premises;
<br />(n) all present and future monetary deposits given by Borrower to any public or private utility
<br />with respect to utility services furnished to any part of the Premises or the Improvements;
<br />(o) all right, title and interest of Borrower in and to all building materials, supplies and
<br />equipment now or hereafter placed on the Premises or in the Improvements and all
<br />architectural renderings, models, drawings, plans, specifications, studies and data now or
<br />hereafter relating to the Premises or the Improvements;
<br />(p) all right, title and interest of Borrower in and to all refunds and rebates of taxes and
<br />assessments relating to the Premises and Improvements (except to the extent such refunds
<br />and rebates relate to taxes or assessments which are paid by the Lessee under the Lease);
<br />(q) all of Borrower's interest in moneys and investments which may from time to time become
<br />subject to the lien hereof;
<br />(r) all right, title and interest of Borrower in and to all proceeds, products, substitutions and
<br />accessions (including claims and demands therefor) of the conversion, voluntary or
<br />involuntary, of any of the foregoing into cash or liquidated claims, including, without
<br />limitation, the proceeds of insurance and condemnation awards; and
<br />(s) all other or greater rights and interests of every nature in the Premises or the Improvements
<br />and in the possession or use thereof and income therefrom, whether now owned or hereafter
<br />acquired by Borrower (excluding, however, the Excepted Payments and Excepted Rights as
<br />specifically set forth in the Assignment).
<br />-4-
<br />
|