��14��135
<br /> used n�vv or in the future in�onne�t�on vvith the�wnership, manag�ment or operation
<br /> of the Hea�thcare Facility andlor any other por�ion�f the Pr�ject, or are locat�d on the
<br /> Land ar in the �mprovements, and any operating agreements relating to the ProjeCt,
<br /> and any surveys, plans and specifi�ations and contracts f�r architectural, engine�ring,
<br /> and construction serv�ces relating to the Project, and all other intangibl� pr�perty and
<br /> rights relating to the aperation of, or used in cannection with, the Project, including
<br /> a�l certifications, approvals and governmental permits relating t� any acti�ities on the
<br /> Lar�d. P�rsona�ty includes a�l tang�ble and intangible persanal property used in
<br /> conne�tion �vith the Health�are Facility �such as major mo�able equipment and
<br /> systems}, a�counts, licenses, bed authorities, cer�if�ates of need required to vperate
<br /> th� Healthcare Facility and ta recei�e b�nefits and reimbursements under pro�ider
<br /> agreemer�ts with Medicaid, Medicare, State and local programs, payments from
<br /> healthcare insur�rs ar�d any oth�r assistance providers; all certifications, permits and
<br /> a pro�als, instruments, Rents, �ease and contract rights, and equipment leases relat�ng
<br /> p
<br /> to the use, operatinn, maintenance, repair and improvement of the Health�are Facility.
<br /> Generally, intangibles shall also include aIl cash and cash escrow funds, such as but
<br /> r�at lirnit�d to: reserve fnr replacernent accounts, debt ser�ice reser�e accounts, bank
<br /> accounts, residual rec�ipts accounts, and in�estments;
<br /> a. As used herein, "Rent" means all rent due pursuant to any Master Lease or
<br /> �perator Lease, any payments due pur�uant t� any Residential Agreement,
<br /> any other lease payments, re�enues, charges, fees and assistan�e payments
<br /> arisin from the operati�n of the Proje�t, including but not limited to, if and
<br /> �
<br /> for sa long as applicable, workers' compensation, social security} M�dicar�,
<br /> Medicaid, and other third-party r�imbursement payments, Acc�unts
<br /> Re�ei�able ar�d all paymer�ts and income arising from the operation af the
<br /> Healthcare Facility andlor the provision �f servi�es t� residents thereof.
<br /> r Ri hts. All current and future ri hts, including air rights, develapmer�t rights,
<br /> �. �the g g .
<br /> zonin ri hts, and other similar rights or interests, easements, tenements, rights-of-
<br /> � g
<br /> way, strips and gores of�and, streets, aileys,roads, sewer rights, waters, waterc�urses,
<br /> . and a ur��nances related to or benefitir�g the Land or the Improvements, or both, and
<br /> pp
<br /> all ri hts-of wa , streets, alleys, and roads which may have been or may in the future
<br /> � y
<br /> be vacated;
<br /> 7. Insurance Policies and Proce�ds. A1� insurance policies co�ering any of the
<br /> Mort a ed Pro ert , and all proceeds paid ar to be paid by any insurer of the Land,
<br /> � � p Y
<br /> the �m ro�ements, the F ixtures, the Personalty, or any other part af the Mortgaged
<br /> �
<br /> Pro ert whether or not Debtar obtained the insurance pursuant t� Secured Party's
<br /> p Y�
<br /> requirement;
<br /> 8. Awards. Ail awards, payments and other campensation made or to be made by at�y
<br /> �a�ernmer�tal Authorit with respect to the Land, the Irnpro�ements,the Fixtures,the
<br /> y
<br /> Persana�t or ar� other part �f the M�rtgaged Praperty, including any awards or
<br /> Y Y
<br /> settlements resultin from c�ndemnation proceedings nr the total nr par�ial taki�g of
<br /> g
<br /> the Land the �m ro�ements, the F�xtures, the� Personalty or any other par� af the
<br /> a p
<br /> B-3
<br />
|