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<br />the UCC, now owned or hereafter acquired by Grantor and now or hereafter affixed to,
<br />placed upon, used in connection with, arising from or otherwise related to the Land or
<br />Improvements or which may be used in or relating to the planning, development,
<br />financing or operation of the Mortgaged Property, including, furniture, furnishings,
<br />equipment, machinery, money, insurance proceeds, accounts, contract rights,
<br />trademarks, goodwill, chattel paper, documents, trade names, licenses and franchise
<br />agreements, rights of Grantor under leases of Fixtures or other personal property or
<br />equipment, inventory, all refundable, returnable or reimbursable fees, deposits or other
<br />funds or evidences of credit or indebtedness deposited by or on behalf of Grantor with
<br />any governmental authorities, boards, corporations, providers of utility services, public or
<br />private, including specifically, but without limitation, all refundable, returnable or
<br />reimbursable tap fees, utility deposits, commitment fees and development costs (the
<br />"Personalty "), (v) all reserves, escrows or impounds required under this Deed of Trust
<br />and all deposit accounts maintained by Grantor with respect to the Mortgaged Property,
<br />(vi) all plans, specifications, shop drawings and other technical descriptions prepared for
<br />construction, repair or alteration of the Improvements, and all amendments and
<br />modifications thereof (the "Plans "), (vii) all leases, ground leases, subleases, licenses,
<br />concessions, occupancy agreements, rental contracts, or other agreements (written or
<br />oral) now or hereafter existing relating to the use or occupancy of all or any part of the
<br />Mortgaged Property, together with all guarantees, letters of credit and other credit
<br />support, modifications, extensions and renewals thereof (whether before or after the
<br />filing by or against Grantor of any petition of relief under 11 U.S.C. § 101 et seq., as
<br />same may be amended from time to time (the "Bankruptcy Code ")) and all related
<br />security and other deposits (the "Leases ") and all of Grantor's claims and rights (the
<br />"Bankruptcy Claims ") to the payment of damages arising from any rejection by a Tenant
<br />of any Lease under the Bankruptcy Code, (viii) all of the rents, revenues, issues, income,
<br />proceeds, profits, and all other payments of any kind under the Leases for using,
<br />leasing, licensing, possessing, operating from, residing in, selling or otherwise enjoying
<br />the Mortgaged Property whether paid or accruing before or after the filing by or against
<br />Grantor of any petition for relief under the Bankruptcy Code (the "Rents "), (ix) all other
<br />agreements, such as construction contracts, architects' agreements, engineers'
<br />contracts, utility contracts, maintenance agreements, property management agreements,
<br />franchise agreements, service contracts, permits, licenses, certificates and entitlements
<br />in any way relating to the development, construction, use, occupancy, operation,
<br />maintenance, enjoyment, acquisition or ownership of the Mortgaged Property (the
<br />"Property Agreements "), (x) all rights, privileges, tenements, hereditaments, rights -of-
<br />way, easements, appendages and appurtenances pertaining to the foregoing, and all
<br />right, title and interest, if any, of Grantor in and to any streets, ways, alleys, strips or
<br />gores of land adjoining the Land or any part thereof, (xi) all accessions, replacements
<br />and substitutions for any of the foregoing and all proceeds thereof, (xii) all insurance
<br />policies, unearned premiums therefor and proceeds from such policies covering any of
<br />the above property now or hereafter acquired by Grantor, (xiii) all mineral, water, oil and
<br />gas rights now or hereafter acquired and relating to all or any part of the Mortgaged
<br />Property, (xiv) all trade names, trademarks, service marks, logos, copyrights, goodwill,
<br />books and records and all other general intangibles relating to or used by Grantor solely
<br />in connection with the operation of the Mortgaged Property; and (xv) all of Grantor's
<br />right, title and interest in and to any awards, remunerations, reimbursements,
<br />settlements or compensation heretofore made or hereafter to be made by any
<br />governmental authority pertaining to the Land, Improvements, Fixtures or Personalty. As
<br />used in this Deed of Trust, the term "Mortgaged Property" shall mean all or, where the
<br />context permits or requires, any portion of the above or any interest therein.
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