51834400.1
<br />2
<br />201508005
<br />title and interest of Debtor in and to any such personal property together with the benefit of any
<br />deposits or payments now or hereafter made on such personal property by Debtor or on its
<br />behalf, including without limitation, any and all Goods, Investment Property, Instruments,
<br />Chattel Paper, Documents, Letter of Credit Rights, Accounts, Deposit Accounts, Commercial
<br />Tort Claims and General Intangibles, each as defined in the Uniform Commercial Code of the
<br />State of Missouri (the "Code ");
<br />All proceeds of the foregoing, including, without limitation, all judgments, awards of damages
<br />and settlements hereafter made resulting from condemnation proceeds or the taking of the Land
<br />or improvements thereon or any portion thereof under the power of eminent domain, any
<br />proceeds of any policies of insurance, maintained with respect to the Land or improvements
<br />thereon or proceeds of any sale, option or contract to sell the Land or improvements thereon or
<br />any portion thereof;
<br />Any and all additions and accessories to all of the foregoing and any and all proceeds (including
<br />proceeds of insurance, eminent domain or other governmental takings and tort claims), renewals,
<br />replacements and substitutions of all of the foregoing;
<br />All of the books and records pertaining to the foregoing;
<br />All right, title and interest which the Debtor hereafter may acquire in and to all leases and other
<br />agreements now or hereafter entered into for the occupancy or use of the Land, the Appurtenant
<br />Rights, the Improvements, the Fixtures and the Personal Property or any portion thereof,
<br />whether written or oral (herein collectively referred to as the "Leases "), and all rents, issues,
<br />incomes and profits in any manner arising thereunder (herein collectively referred to as the
<br />"Rents "), and all right, title and interest which the Debtor now has or hereafter may acquire in
<br />and to any bank accounts, security deposits, and any and all other amounts held as security under
<br />the Leases, reserving to the Debtor any statutory rights;
<br />Any and all Awards and Insurance Proceeds, as each are hereinafter respectively defined, or
<br />proceeds of any sale, option or contract to sell the Mortgaged Property or any portion thereof
<br />(provided that no right, consent or authority to sell the Mortgaged Property or any portion thereof
<br />shall be inferred or deemed to exist by reason hereof); and the Debtor hereby authorizes, directs
<br />and empowers the Secured Party, at its option, on the Debtor's behalf, or on behalf of the
<br />successors or assigns of the Debtor, to adjust, compromise, claim, collect and receive such
<br />proceeds; to give acquittances therefor; and, after deducting expenses of collection, including
<br />reasonable attorneys' fees, costs and disbursements, to apply the Net Proceeds, as hereinafter
<br />defined, to the extent not utilized for the Restoration of the Mortgaged Property as provided in
<br />the Loan Agreement hereof, to payment of the Debt, notwithstanding the fact that the same may
<br />not then be due and payable or that the Debt is otherwise adequately secured; and the Debtor
<br />agrees to execute and deliver from time to time such further instruments as may be requested by
<br />the Secured Party to confirm such assignment to the Secured Party of any such proceeds;
<br />All rights reserved to or granted to the developer or declarant under the provisions of any (i)
<br />declaration of restrictive covenants and easements affecting the Land or the Mortgaged Property,
<br />or (ii) other declarations affecting the Land or the Mortgaged Property;
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