|
agreements, use or development agreements, and parking agreements); and all easements, licenses and rights of way
<br />now or hereafter appertaining to the Property (hereinafter collectively called "Appurtenant Rights ").
<br />GRANTING CLAUSE V.
<br />General Intangibles. Payment Rights and Agreements. All estate, right, title and interest of
<br />Trustor in, to, under or derived from all contract rights, chattel paper, instruments, general intangibles, guaranties
<br />and warranties, letters of credit, and documents, in each case relating to the Property or to the present or future
<br />operation or occupancy of the Property, and all plans, specifications, maps, surveys, studies, records, insurance
<br />policies, guarantees and warranties, all relating to the Property or to the present or future operation or occupancy of
<br />the Property, all management contracts, all supply and service contracts for water, sanitary and -swm sewer,
<br />drainage, electricity, steam, gas, telephone and other utilities relating to the Property (the foregoing being herein
<br />collectively called the "Agreements ") and all other agreements affecting or relating to the use, enjoyment or
<br />occupancy of the Land or the Equipment.
<br />GRANTING CLAUSE VI.
<br />Leases. All estate, right, title and interest of Trustor in, to, under and derived from any lease,
<br />tenancy, subtenancy, license, concession or other occupancy agreement relating to the Property (together with all
<br />amendments, supplements, consolidations, replacements, restatements, extensions, renewals and other modifications
<br />of any thereof) (the "Leases "), other than the Site Lease assigned under Granting Clause I, now or hereafter in
<br />effect, whether or not of record; and the right to bring actions and proceedings under the Lease or for the
<br />enforcement thereof and to do anything which Trustor or any lessor is or may become entitled to do under the
<br />Lease.
<br />GRANTING CLAUSE VII.
<br />Rents, Issues and Profits. To the extent assignable, all estate, right, title and interest of Trustor in,
<br />to, under or derived from all rents, royalties, issues, profits, receipts, revenue, income, earnings and other benefits
<br />now or hereafter accruing with respect to all or any portion of the Property, including all rents and other sums now
<br />or hereafter payable pursuant to the Leases; and all other claims, rights and remedies now or hereafter belonging or
<br />accruing with respect to the Property, including oil, gas and mineral royalties (herein collectively called the
<br />"Rents "), all of which Trustor hereby irrevocably directs be paid to Beneficiary, subject to the license granted to
<br />Trustor pursuant to Section 5.7, to be held, applied and disbursed as provided in this Deed of Trust.
<br />GRANTING CLAUSE VIII.
<br />Permits. To the extent assignable, all estate, right, title and interest of Trustor in, to, under or
<br />derived from all licenses, certificates, variances, consents and other permits now or hereafter pertaining to the
<br />Property and all estate, right, title and interest of Trustor in, to, or the present or future operation or occupancy of
<br />the Property (herein collectively called the "Permits "), excluding, however, from the grant under this Granting
<br />Clause (but not the definition of the term "Permits" for the other purposes hereof) any Permits which cannot be
<br />transferred or encumbered by Trustor without causing a default thereunder or a termination thereof.
<br />GRANTING CLAUSE IX.
<br />Proceeds and Awards. All estate, right, title and interest of Trustor in, to, under or derived from
<br />all proceeds of any sale, transfer, taking by Condemnation (or any proceeding or purchase in lieu thereof), whether
<br />voluntary or involuntary, of any of the Subject Property described above, including all Insurance Proceeds and
<br />awards and title insurance proceeds, now or hereafter relating to any of the Subject Property, all of which Trustor
<br />hereby irrevocably directs be paid to Beneficiary to the extent provided hereunder, to be held, applied and disbursed
<br />as provided in this Deed of Trust.
<br />111/150348.02.00 4
<br />010499/1956/35239.00196
<br />
|