|
201503940
<br /> a termination thereof, (c) all hereditaments, gas, oil and minerals (with the right to extract, sever
<br /> and remove such gas, oil and minerals) located in, on or under the Premises, (d) all split ar
<br /> division rights with respect to the Land and easements of every nature ��vhatsoever and (e) all
<br /> other rights and privileges thereunto belonging or appertaining and all extensions, additions,
<br /> improvements, betterments, renewals, substitutions and replacements to or of any of the rights
<br /> and interests described in clauses a b�, � and �above (ail of the foregoing, the "Property
<br /> Rights„�.
<br /> TOGETHER WiTH all right, title and interest, if any, including any after-acquired right,
<br /> title and interest,and including any right of use or occupancy, that the Grantor may now possess
<br /> or hereafter acquire in and to all fixtures and appurtenances of every nature whatsoever now or
<br /> hereafter located in or on, or attached to, or used or intended to be used in connection with (or
<br /> with the operation o fl,the Premises, including(a) all apparatus,machinery and equipment of the
<br /> Grantor (to the extent that any of the foregoing constitute "fixtures" under applicable law); and
<br /> (b) all extensions, additions, improvements, betterments, renewals, substitutions and
<br /> replacements to or of any of the foregoing (all items listed in the foregoing clauses a and�,
<br /> the "Fixtures"). Grantor and Agent agree that the Premises and all of the Property Rights and
<br /> Fixtures owned by the Grantor (collectively the "Real Pro e ") shall, so far as permitted by
<br /> law, be deemed to forni a part and parcel of the Land and for the purpose of this Deed of Trust to
<br /> be real estate and covered by this Deed of Trust.
<br /> TOGETHER WITH all the estate, right, titl� and interest, if any, of the Grantor in and to
<br /> (i) all judgments, insurance proceeds, awards of damages and settlements resulting from
<br /> condemnation proceedings or the taking of the Real Property, or any part thereof, under the
<br /> power of eminent domain or for any damage (whether caused by such taking or otherwise)to the
<br /> Real Properly, or any part thereof, or to any rights appurtenant thereto, and all proceeds of any
<br /> sale or other disposition of the Real Property or any part thereof(it being understood that,except
<br /> as otherwise provided herein or in the Loan Agreement, the Grantor is hereby authorized to
<br /> collect and receive such awards and proceeds and to give proper receipts and acquittance
<br /> therefor, and to apply the same as provided herein); (ii) all contract rights, general intangibles,
<br /> actions and rights in action relating to the Real Property, including all rights to insurance
<br /> proceeds and unearned premiums arising from or relating to damage to the Real Property; {iii)all
<br /> plans and specifications, designs, drawings and other information, materials and matters
<br /> heretofore or hereafter prepared relating to the Real Property; arid (iv) all proceeds, products,
<br /> replacements, additions, substitutions, renewals and accessions of and to the Real Property (the
<br /> rights and interests described ir�this paragaph,the"Intan i�bles").
<br /> The Grantor (i) pledges and assigns to the Agent from and after the date of the
<br /> effectiveness hereof (including any period of redemption}, primarily and on a parity with the
<br /> Real Property, and not secondarily,all rents, issues and profits of the Real Property and all rents,
<br /> issues, profits, revenues, royalties, bonuses, rights and benefits due, payable or accruing
<br /> {including all deposits of money as advance rent, for security, as earnest money or as down
<br /> payment for the purchase of all or any part of the Real Property) under any and all present and
<br /> future leases, contracts or other agreements relative to the ownership or occupancy of all or any
<br /> portion of the Real Property{all of the foregoing, the "Rents"}, and (ii) except to the extent such
<br /> a transfer or assignment is not permitted by the terms thereof, transfers and assigns to Agent all
<br /> such leases, contracts and agreements (including all the Grantor's rights under any contract for
<br /> 716530428 14447759 3
<br />
|