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� � ' �9- i�S138
<br /> carpeting, furniture, laundry equipment, cooking apparatus and
<br /> appurtenances, and all building material, supplies and equipment
<br /> now located on or hereafter delivered to the Property and intended
<br /> to be installed therein; all other fixtures and personal property
<br /> of whatever kind and nature at present contained in or hereafter
<br /> placed in any building standing on the Pr�perty; and all renewals
<br /> or replacements thereof or articles in substitution thereof; and
<br /> all proceeds and profits thereof and all of the estate, right,
<br /> title and interest of Grantor in and to all property of any nature
<br /> whatsoever, now or hereafter situated on the Property or intended
<br /> to be used in connection with the operation thereof; all leases and
<br /> use agreements of machinery, equipment and other personal property
<br /> of Grantor in the categories hereinabove set forth, under which
<br /> Grantor is the lessee of, or entitled to use, such items, and all
<br /> deposits made therefore; and all rents, incomes, profits, revenues,
<br /> royalties, bonuses, rights, accounts, contract rights, general
<br /> intangibles (including but not limited to trademarks, tradenames
<br /> and symbols) benefits and securities deposits under any and all
<br /> leases or tenancies now existing or hereafter created of the
<br /> Personal Property described above, or any part thereof;
<br /> TOGETHER WITH, all the estate, interest, right, title, and
<br /> other claim or demand, including claims or demands with respect to
<br /> the proceeds of insurance which Grantor now has or may hereinafter
<br /> acquire in the Property, Improvements, and Personal Property, and
<br /> any and all awards made for the taking of eminent domain, or by any
<br /> proceeding or purchase in lieu thereof, of the whole or any part of
<br /> the Property and Improvements, including without limitation any
<br /> awards resulting from a change of grade of streets and awards for
<br /> severance damages.
<br /> TO HAVE AND TO HOLD all of Grantor' s interest in the Fee
<br /> Parcel and the Leasehold Parcel pursuant to the Ground Lease in the
<br /> aforesaid Property, Personal Property, Improvements, Rents,
<br /> property rights, contract rights and claims (all of which are
<br /> collectively referred to herein as the "Premises") to the use,
<br /> benefit and behoof of Trustee, forever, in FEE SIMPLE in trust.
<br /> Grantor warrants that Grantor has good title to the Premises,
<br /> is lawfully seized and possessed of the Premises and every part
<br /> thereof, and has the right to convey same; that the Premises are
<br /> unencumbered except as to the matters which are listed and
<br /> described in Exhibit �"B" attached hereto and by reference made a
<br /> part hereof; and Grantor will forever warrant and defend the title
<br /> to the Premises unto Trustee against the claims of all persons
<br /> whomsoever. Grantor warrants to Beneficiary that the Premises nor
<br /> any part thereof constitutes the homestead of Grantor.
<br /> THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST, that:
<br /> a. If Grantor shall pay the indebtedness, with interest
<br /> thereon, evidenced by the Note in the original face principal
<br /> amount of FIVE MILLION ONE HUNDRED THOUSAND AND NO/100THS DOLLARS
<br /> ($5, 100, 000. 00) which has been executed by Grantor, delivered to
<br /> and is payable to the order of Beneficiary and which by this
<br /> reference is hereby made a part hereof, , and any and all
<br /> modifications, extensions, renewals thereof;
<br /> b. I f Grantor sha 11 pay a 11 sums advanced by Trustee or
<br /> Beneficiary to protect the Premises, with interest thereon at the
<br /> rate provided in the Note;
<br /> c. If Grantor shall perform each and every covenant,
<br /> obligation and undertaking of Grantor in this Deed and in that
<br /> certain Assignment of Rents and Leases (the "Assignment of Rents")
<br /> from Grantor to Beneficiary with respect to the Premises; and
<br /> d. If Grantor shall perform all obligations of Grantor
<br /> under any loan and security agreement (the "Loan Agreement") by and
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