|
any property . that Is subject to a "Primary Lease,* as that term
<br />is hereinafter defined (collectively., the *Uhkruptcy Rights").
<br />i.s.. chattels: I All, goodoc f ixtuzos r - inventory j, equip -__
<br />ment,_buildLog and other _aateii'als, supplies, an o
<br />po. nal . pr . operty of every hatur .a how w owned or horwafte-r acquired
<br />by ; Grahf6r' 'aiid used, j7tjt-*ftdtd --jar wsm-1- or ---reasonably - required.- in-
<br />the. construction, development, , or operation of the Property,
<br />together With all accessions thereto, replacements and subititu-
<br />tions therefor, and proceeds thereof.
<br />1.7 Intangible Personalty: The right to use all
<br />tri4dwarks, and trade names and symbols or logos used in connec-
<br />tion. thereo-ith" or any modifications or variations thereof, in
<br />connection Oath the operation of the improvements existing or to
<br />be constructed om'-.the Property, together with. all Bankruptcy
<br />Righ#s (to the -extent, that the same -ccrgrtitute personal
<br />propi,fty), accounts, monies in the possess ioif..'"of Beneficiary
<br />(including without limitation retainages and deposits for taxes
<br />and.,ilasurance)p contract rights and general intangibles (whether
<br />now..-j wned or hereafter acquired, and including proceeds thereof)
<br />r*Uiing to or arising from Grantor's ownership, use, operation,
<br />ldjsih9p or sale of all or any par, outh*..Property, specifically
<br />to which Grantor may
<br />including bist. in no way limited
<br />have.: *o acquire ',o transfer any dev614
<br />.Oment. -tights from the
<br />P r Cp". !,�t t y to other iiml' property, and any develapMpm rights which
<br />m "bt so transferee -d.
<br />'
<br />1.8 Loan. Docum4ots: The Loan Agreement of eiien -date
<br />hereitqh, between aieneficiary and ,-grantor (the "Loan Agreement") ;
<br />all...'.af the promii-sory notes j=de and delivered by Grantor
<br />pursuant to the provisions. of the Loan Agreement, including the
<br />Note, a detciiption of which promissory, -notes is attached hereto
<br />as exhibit 3 (collectively, the "Notes")', and all of the deeds of
<br />trusts, mortgages and other instruments and Aor.umeftts securing
<br />the 'Notes, including this Deed of� - Trusts, a Seinz],ULty
<br />I Agreement of
<br />even --date herewith, between Grantor, SunWesC_"taievelopmont Cost
<br />Inc. # a Texas corporation ("SunWest") and Robert J. Pierson
<br />( "Pierson "), as. debtors* and Beneficiary# as secured -Party; a
<br />pacr.1cipation Agreement of even, date herewith, Grantor
<br />and '"Beneficiary (the "Participation Agreemejr1t*.-v-,c.,,.:&.., dm ranty of
<br />even date herewith executed by Sunwest; a Guaran,.-.,V-`*f,'ejven date
<br />herewith executed by Pierson; and each other doctzAeft . t'exicuted or
<br />delivered by.Grantor in connection with the tra.m4action pursuant
<br />to which the Loan Agreement has been executed aiivd,delivered. The
<br />term "Loan Documents" also includes all modifications, exten-
<br />sions, renewals, and replacements of each document referred to
<br />above.
<br />A,
<br />19
<br />-3-
<br />j
<br />
|