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<br />(5) all current and future rights, including air rights, development rights, zoning rights
<br />and other similar rights or interests, easements, tenements, rights -of -way, strips
<br />and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and
<br />appurtenances related to or benefiting the Land or the Improvements, or both,
<br />and all rights -of -way, streets, alleys and roads which may have been or may in
<br />the future be vacated;
<br />(6) all proceeds paid or to be paid by any insurer of the Land, the Improvements, the
<br />Fixtures, the Personalty or any other part of the Mortgaged Property, whether or
<br />not Borrower obtained the insurance pursuant to Lender's requirement;
<br />(7) all awards, payments and other compensation made or to be made by any
<br />municipal, state or federal authority with respect to the Land, the Improvements,
<br />the Fixtures, the Personalty or any other part of the Mortgaged Property,
<br />including any awards or settlements resulting from condemnation proceedings or
<br />the total or partial taking of the Land, the Improvements, the Fixtures, the
<br />Personalty or any other part of the Mortgaged Property under the power of
<br />eminent domain or otherwise and including any conveyance in lieu thereof;
<br />(8) all contracts, options and other agreements for the sale of the Land, the
<br />Improvements, the Fixtures, the Personalty or any other part of the Mortgaged
<br />Property entered into by Borrower now or in the future, including cash or
<br />securities deposited to secure performance by parties of their obligations;
<br />(9) all proceeds from the conversion, voluntary or involuntary, of any of the above
<br />into cash or liquidated claims, and the right to collect such proceeds;
<br />(10) all Rents and Leases;
<br />(11) all earnings, royalties, accounts receivable, issues and profits from the Land, the
<br />Improvements or any other part of the Mortgaged Property, and all undisbursed
<br />proceeds of the loan secured by this Instrument and, if Borrower is a cooperative
<br />housing corporation, maintenance charges or assessments payable by
<br />shareholders or residents;
<br />(12) all Imposition Deposits;
<br />(13) all refunds or rebates of Impositions by any municipal, state or federal authority
<br />or insurance company (other than refunds applicable to periods before the real
<br />property tax year in which this Instrument is dated);
<br />(14) all tenant security deposits which have not been forfeited by any tenant under
<br />any Lease; and
<br />(15) all names under or by which any of the above Mortgaged Property may be
<br />operated or known, and all trademarks, trade names, and goodwill relating to any
<br />of the Mortgaged Property.
<br />(w) "Note" means the Construction Note and Revolving Note described on page 1 of this
<br />Instrument, including all schedules, riders, allonges and addenda, as such Promissory Notes may be
<br />amended from time to time. The Construction Note evidences a construction and term loan in the sum of
<br />$1,1320,000.00 and the Revolving Note evidences a revolving credit line in the maximum sum of
<br />$500,000.00. As long as Borrower is not in default, Borrower may request, borrow and receive advances
<br />from Lender under said revolving credit line, repay such advances in whole or in part, and re- borrow
<br />against the unused credit line during the term of the Revolving Note; provided, however, that no advances
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<br />Sec I ns. N E.S i nefr02. RDST D
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