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201800944
<br />T
<br />201302307
<br />washers, dryers and other appliances; light fixtures, awnings, storm windows and storm
<br />doors; pictures, screens, blinds, shades, curtains and curtain rods; mirrors; cabinets, paneling,
<br />rugs and floor and wall coverings; fences, trees and plants; swimming pools; playground and
<br />exercise equipment and classroom furnishings and equipment (the "Fixtures ");
<br />(4) Personalty. All equipment, inventory, and general intangibles. The
<br />definition of "Personalty" includes furniture, furnishings, machinery, building materials,
<br />appliances, goods, supplies, tools, books, records (whether in written or electronic form),
<br />computer equipment (hardware and software) and other tangible or electronically stored
<br />personal property (other than Fixtures) that are owned, leased or used by Borrower now or
<br />in the future in connection with the ownership, management or operation of the Land or the
<br />Improvements or are located on the Land or in the Improvements, and any operating
<br />agreements relating to the Land or the Improvements, and any surveys, plans and
<br />specifications and contracts for architectural, engineering and construction services relating
<br />to the Land or the Improvements, choses in action and all other intangible property and rights
<br />relating to the operation of, or used in connection with, the Land or the Improvements,
<br />including all certifications, approvals and governmental permits relating to any activities on
<br />the Land. Generally, intangibles shall also include all cash and cash escrow funds, such as
<br />but not limited to: Reserve for Replacement accounts, bank accounts, Residual Receipts
<br />accounts, and investments;
<br />(5) Other Rights. All current and future rights, including air rights, development
<br />rights, zoning rights and other similar rights or interests, easements, tenements,
<br />rights -of -way, strips and gores of land, streets, alleys, roads, sewer rights, waters,
<br />watercourses, and appurtenances related to or benefiting the Land or the Improvements, or
<br />both, and all rig)ns -of -way, streets, alleys and roads which may have been or may in the
<br />future be vacated;
<br />(6) Insurance Policies and Proceeds. All insurance policies covering the
<br />Mortgaged Property, and all proceeds paid or to be paid by any insurer of the Land, the
<br />Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property,
<br />whether or not Borrower obtained such insurance policies pursuant to Lender's requirement;
<br />(7) Awards. All awards, payments and other compensation made or to be made
<br />by any Governmental Authority with respect to the Land, the Improvements, the Fixtures,
<br />the Personalty or any other part of the Mortgaged Property, including any awards or
<br />settlements resulting from condemnation proceedings or the total or partial taking of the
<br />Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged
<br />Property under the power of eminent domain or otherwise and including any conveyance in
<br />lieu thereof (as used herein, "Governmental Authority" means any board, commission,
<br />department or body of any municipal, county, state, tribal or federal governmental unit,
<br />including any U.S. territorial government, and any public or quasi public authority, or any
<br />subdivision of any of then, that has or acquires jurisdiction over the Mortgaged Property,
<br />including the use, operation or improvement of the Mortgaged Proprty);
<br />B -2
<br />Vance
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