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20010725E
<br />gas, oil, minerals (with the right to extract, sever and remove such gas, oil and minerals), and
<br />easements, of every nature whatsoever, located in or on the Premises and all bther rights and
<br />privileges thereunto belonging or appertaining, (c) all water, ditch, well and reservoir rights
<br />which are appurtenant to or which have been used in connection with the Premises, (d) all
<br />development rights associated with the Premises, including any development rights previously
<br />or subsequently transferred to the Premises from other real property and any development
<br />rights now or hereafter susceptible of transfer from such Premises to other real property,
<br />(e) any land lying between the boundaries of the Premises and the center line of any adjacent
<br />street, road, avenue or alley, whether opened or proposed, (f) all other or greater rights and
<br />interest of every nature in the Mortgaged Property and in the possession or use thereof and
<br />income therefrom, whether now owned or hereafter acquired by Grantor and (g) all extensions,
<br />additions, improvements, betterments, renewals, substitutions and replacements to, or of any
<br />of the rights and interests described in subparagraphs (a) through (f) above (hereinafter the
<br />"Property Rights ").
<br />TOGETHER WITH all fixtures and appurtenances of every nature whatsoever
<br />now or hereafter located in, on or attached to, and used or intended to be used in connection
<br />with, or with the operation of, the Project, including, but not limited to (a) all apparatus,
<br />machinery and equipment of Grantor; (b) all now existing and hereafter acquired machinery,
<br />equipment and other property comprising the facility located and operated on the Premises or
<br />to be located and operated on the Premises; and (c) all extensions, additions, improvements,
<br />betterments, renewals, substitutions, and replacements to or of any of the foregoing (the
<br />"Fixtures "); as well as (d) all personal property and equipment of every nature whatsoever
<br />now or hereafter located in or on the Project, (e) all insurance proceeds of or relating to any of
<br />the foregoing; and (f) all accessions and additions to, substitutions for, and replacements,
<br />products and proceeds of any of the foregoing clauses (d) and (e) (the items described in the
<br />foregoing clauses (d) through (f) and any other personal property referred to in this paragraph
<br />being the "Personal Property "). It is mutually agreed, intended and declared, that the
<br />Improvements and all of the Property Rights and Fixtures owned by Grantor (which are
<br />referred to collectively herein as the "Real Property ") shall, so far as permitted by law, be
<br />deemed to form a part and parcel of the Premises and for the purpose of this Deed of Trust to
<br />be real estate and covered by this Deed of Trust. It is also agreed that if any of the property
<br />herein described is of a nature so that a security interest therein can be perfected under the
<br />Code, this instrument shall constitute a security agreement, fixture filing and financing
<br />statement, and Grantor agrees to execute, deliver and file or refile any financing statement,
<br />continuation statement, or other instruments Beneficiary may reasonably require from time to
<br />time to perfect or renew such security interest under the Code. To the extent permitted by
<br />law, (i) all of the Fixtures are or are to become fixtures on the Premises; and (ii) this
<br />instrument, upon recording or registration in the real estate records of the proper office, shall
<br />constitute a "fixture filing" within the meaning of Sections 9 -313 and 9 -402 of the Code. The
<br />remedies for any violation of the covenants, terms and conditions of the agreements herein
<br />contained shall be as prescribed herein or by general law, or, as to that part of the security in
<br />which a security interest may be perfected under the Code, by the specific statutory
<br />consequences now or hereafter enacted and specified in the Code, all at the Beneficiary's sole
<br />election.
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<br />003.302830.1
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