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--4-- <br />200304290 <br />14. Names, Trademarks and Goodwill. All names under or by which any of the <br />Mortgaged Property may be operated or known, and all trademarks, trade names, and goodwill <br />relating to any of the Mortgaged Property. <br />15. Books and Records. All of the records and books of account now or hereinafter <br />maintained by or on behalf of the Debtor and/or its agents and employees in connection with the <br />Mortgaged Property. <br />16. Funds and Accounts. All estate, right, title and interest, if any, of the Debtor in <br />and to all of the following funds and accounts and investments of funds and accounts: <br />(a) All accounts receivable to which the Debtor is now entitled or to which it <br />may be entitled at any future time. <br />(b) All cash funds and escrows maintained with, required by or under the _ <br />control of the Lender in connection with the Mortgaged Property including, without limitation: <br />mortgage loan escrows; Replacement Reserve Funds; Sinking Funds (if applicable); Surplus <br />Cash and/or Residual Receipts; and all escrows (as applicable) for operating deficits, debt service <br />reserves, interest rate differential, minor movable equipment, change orders, demolition, off -site <br />construction, latent defects, and repairs; and any other funds and accounts now or in the future <br />held by the Lender and its successors and assigns. <br />(c) Any cash escrow funds and any and all funds, securities, instruments, <br />documents and other property which are at any time paid to, deposited with, under the control of, <br />or in the possession of the Secured Party, or any of its agents, branches, affiliates, correspondents <br />or others acting on its behalf. <br />(d) The interest of the Debtor in and to any and all funds created or <br />established and held by the Trustee pursuant to any indenture of trust or similar instrument <br />authorizing the issuance of bonds or notes for the purpose of financing the Project located upon <br />the Property. <br />(e) All bank accounts, certificates of deposit, letters of credit, securities, the <br />Mortgaged Property; and every renewal or replacement thereof or articles in substitution therefor, <br />whether or not the same are now or hereafter attached to the Mortgaged Property in any manner; <br />all except for any right, title or interest therein owned by any tenant (it being agreed that all <br />personal property owned by the Debtor and placed by it on the Mortgaged Property shall, so far <br />as permitted by law, be deemed to be affixed to the Property, appropriated to its use, and covered <br />by each of the Security Documents to which this Exhibit is attached). <br />17. Proceeds. Proceeds, products, returns, additions, accessions and substitutions of <br />and to any and all of the above. <br />