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All right, title and interest of Maker now owned, or hereafter acquired, in and to the following <br />property, rights and interests (such property, rights and interests being hereinafter collectively <br />referred to as the "Mortgaged Property "): <br />(a) the Premises more particularly described on the attached Exhibit ___ <br />(b) all buildings and improvements now or hereafter located on the Premises <br />(hereinafter referred to as the "Improvements"); <br />(g) <br />CLT 837332v1CLT 837332v1 <br />SCHEDULE A <br />to <br />Secured Promissory Note No. 18963 -100 <br />dated _ , 2005 <br />between Irwin Franchise Capital Corporation, as Holder <br />and RT Omaha Franchise, LLC, as Maker <br />6 <br />20150057.E <br />(c) all of the estate, right, title, claim or demand of any nature whatsoever of <br />Maker, either in law or in equity, in possession or expectancy, in and to <br />the Mortgaged Property or any part thereof; <br />(d) all easements, rights -of -way, gores of land, streets, ways, alleys, passages, <br />sewer rights, waters, water courses, water rights and powers, and all <br />estates, rights, titles, interests, privileges, liberties, tenements, <br />hereditaments, and appurtenances of any nature whatsoever, in any way <br />belonging, relating or pertaining to the Mortgaged Property (including, <br />without limitation, any and all development rights, air rights or similar or <br />comparable rights of any nature whatsoever now or hereafter appurtenant <br />to the premises or now or hereafter transferred to the premises) and all <br />land lying in the bed of any street, road or avenue, opened or proposed, in <br />front of or adjoining the premises to the center line thereof; <br />(e) all awards or payments, including interest thereon, and the right to receive <br />the same, which may be made with respect to the Mortgaged Property, <br />whether from the exercise of the right of eminent domain (including any <br />transfer made in lieu of the exercise of said right), or for any other injury <br />to or decrease in the value of the Mortgaged Property; <br />(f) all leases and other agreements affecting the use or occupancy of the <br />Mortgaged Property now or hereafter entered into (hereinafter referred to <br />as the "Leases ") and the right to receive and apply the rents, issues and <br />profits of the Mortgaged Property - (hereinafter referred to as the "Rents") <br />to the payment of the Obligations; <br />all proceeds of and any unearned premiiimc on any insurance policies <br />(collectively, hereinafter referred to as the "Policies ") covering the <br />Mortgaged Property, including, without limitation, the right to receive and <br />