|
2� 1 ���835
<br /> extent that I�dividua� Borrawer sha11�ave any right or interest therein and then�n1y tn the e�tent
<br /> - - of such r�ght or inter�st therein;
<br /> �h} Leases and Rents. A�� ��� �eases, sub�eases ar subsubleases, �ett�ngs,
<br /> �i�enses, con�ess�ons or other agreements �Whether written nr aral� �nc�ud�ng, w�th�ut �imitation,
<br /> all of Indiv�dua� B�rrower's r�ghts and interests ��nc�ud�ng a�l security interests granted thereon�
<br /> pursuant t� the Master Lease, pursua.rit to which Individual Borrower has granted any Person a
<br /> possessory interest in, or right ta use �r occupy a11 or any portian of the Land and the
<br /> Impro�ements, a�.d e�ery rnodificat�an, amendment or nther agreement supplementing any of the
<br /> forego�ng and ever� guarantee �f the p�rformance and obser�vance of the covenants, conditions
<br /> and agreements to be perfarmed and obser�ed by the ather party theret�, her�t�far� or hereafter
<br /> er�tered �nto (callective�y, the "Leases"}, whether b�f�r� or after the fi��ng by or against
<br /> Indi��dua� B�rrovv�r af any pet�ti�n for relief under the Bankruptcy �ode and all right, t�tle and
<br /> interest �f Ind�vidua� Borr�wer, �ts success�rs and assigns therein and thereunder, zncluding,
<br /> withaut ��mitation, cash or secur�ties deposited thereunder to secure the performan�e by the
<br /> �essees of their obligat�ans thereunder, �Yi} rents, additional rents, rent equiva�ents, rn�neys
<br /> payable as damages or �n �xeu of rent ar rent equ�valents, royalt�es (including, without ��mitation,
<br /> a�� �il and gas or other mineral royalties and bonuses}, income, r�cei�ables, reCeipts, revenues,
<br /> deposits ��ncluding, w�thaut l�m�tatian, security, utr�ity and oth�r depQsits}, acc�unts, cash,
<br /> �ssues, prafits, charges for services rendered and �ther c�nsideration �f whatever form �r nature
<br /> received by or paxd to or for the account �f or benef�t of Ind�vidua� Barrower �r its agents or
<br /> emp�oyees fr�m any and all saurces aris�ng from or attributable ta the Land and Impro�em�nts,
<br /> and pr�ceeds, if a�y, fr�m �bus�ness interrupt�on or other loss �f in�ome insurance, whether paid
<br /> or accruir�g before or after the f Iing by ar agaxnst Individua� B�rrower of any p�t�tion f�r r��ief
<br /> under the Bankruptc� ��de �cal�ectively, t�e "Rents"), (i��� c�a�ms and rights �the "Bankruptcy
<br /> C�a�ms"} t� the paymer�t of damages arising from any rej ection by a lessee of an� Lease under
<br /> th� BankruptCy �ade, (�v} r�ght, title and �nterest �n and ��axms under any and a�� lease
<br /> guarant�es, letters of credit and any other credit support �individua�ly, a "Lease Guaranty," and
<br /> co�Iectively, th� "Lease Guarant�es"} g�ven by any guarant�r in �onnection With any of the
<br /> Leases (�ndividual�y, a "Lease Guarantvr," and c���ect�vely, the "Lease Guarantors"� to
<br /> Indi��dua� Borrov�rer, �v} proceeds from the sale or other dispositian of the Leases, the Rents, the
<br /> Lease Guaranties and the Bankruptcy ��axms, and �vi} rights, p�W�rS, pr��ileges, opt�ons and
<br /> �ther benefits of Indi�idua� Borrower as lessor under the Leases and beneficiary under the Lease
<br /> �uarant�es, �ncluding, w�thout limitatian, the immediat� and cantinuxng r�ght to make c�aim far,
<br /> rece�ve and collect a�l Rents payab�e or receivable under the Leases and all sums payab�e under
<br /> the L�ase Guaranti�s or pursuant theret� �and to apply th� same to the payment of the De�t�, and
<br /> to d� a�� other things whi�h Ind�vidual B�rroWer or any less�r is or ma� become entit�ed to da
<br /> under the Leases or the Lease Guaranties;
<br /> ��� Cond�mnation Awards. All Awards wh�ch may her�tofore and her�after
<br /> be made w�th respe�t to the Property, wheth�r from the exercise �f the right of emxnent d�main
<br /> �including, but not�imited ta, any transfer made in lieu of or in ant�cipat�an�f the exerc�se af the
<br /> right�, ar for a change of grade, ar for any ather�nj ury t� or decrease �n the va�ue of the Pr�perty;
<br /> �j� Insurance Prnceeds. All Insurance Pro�eeds in respect �f the Praperty
<br /> under any Policies cov�rin� the Property, including, Without ��m�tat�on, the right to recex�e and
<br /> 4
<br /> �wYORx.3�6�gz?4a
<br />
|