200507874
<br />(a) the plot(s), piece(s) or parcel(s) of real property described in Exhibit A attached hereto
<br />and made a part hereof (individually and collectively, hereinafter referred to as the "Premises ");
<br />(b) (i) all buildings, foundations, structures, fixtures, additions, enlargements, extensions,
<br />modifications, repairs, replacements and improvements of every kind or nature now or hereafter located on
<br />the Premises (hereinafter collectively referred to as the "Improvements "); and (ii) to the extent permitted by
<br />law, the name or names, if any, as may now or hereafter be used for any of the Improvements, and the
<br />goodwill associated therewith;
<br />(c) all easements, servitudes, rights -of -way, strips and gores of land, streets, ways, alleys,
<br />passages, sewer rights, water, water courses, water rights and powers, ditches, ditch rights, reservoirs and
<br />reservoir rights, air rights and development rights, lateral support, drainage, gas, oil and mineral rights,
<br />tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or
<br />pertaining to the Premises or the Improvements and the reversion and reversions, remainder and
<br />remainders, whether existing or hereafter acquired, and all land lying in the bed of any street, road or
<br />avenue, opened or proposed, in front of or adjoining the Premises to the center line thereof and any and all
<br />sidewalks, drives, curbs, passageways, streets, spaces and alleys adjacent to or used in connection with the
<br />Premises and/or Improvements and all the estates, rights, titles, interests, property, possession, claim and
<br />demand whatsoever, both in law and in equity, of Borrower of, in and to the Premises and Improvements
<br />and every part and parcel thereof, with the appurtenances thereto;
<br />(d) all machinery, equipment, fittings, apparatus, appliances, furniture, furnishings, tools,
<br />fixtures (including, but not limited to, all heating, air conditioning, ventilating, waste disposal, sprinkler
<br />and fire and theft protection equipment, plumbing, lighting, communications and elevator fixtures) and
<br />other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall
<br />have an interest, now or hereafter located upon, or in, and used in connection with the Premises or the
<br />Improvements, or appurtenant thereto, and all building equipment, materials and supplies of any nature
<br />whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter
<br />located upon, or in, and used in connection with the Premises or the Improvements or appurtenant thereto
<br />(hereinafter, all of the foregoing items described in this paragraph (d) are collectively called the
<br />"Equipment "), all of which, and any replacements, modifications, alterations and additions thereto, to the
<br />extent permitted by applicable law, shall be deemed to constitute fixtures (together with all "fixtures" (as
<br />defined in the UCC) hereafter located on the Premises or the Improvements, the "Fixtures "), and are part of
<br />the real estate and security for the payment of the Debt and the performance of Borrower's obligations. For
<br />specificity, the parties acknowledge that U- Haul's truck, van and wagon rental fleet shall not constitute
<br />Equipment hereunder. To the extent any portion of the Equipment is not real property or Fixtures under
<br />applicable law, it shall be deemed to be personal property, and this Security Instrument shall constitute a
<br />security agreement creating a security interest therein in favor of Lender under the UCC;
<br />(e) all awards or payments, including interest thereon, which may hereafter be made with
<br />respect to the Premises, the Improvements, the Fixtures, or the Equipment, whether from the exercise of the
<br />right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the
<br />exercise of said right), or for a change of grade, or for any other injury to or decrease in the value of the
<br />Premises, the Improvements or the Equipment or refunds with respect to the payment of property taxes and
<br />assessments, and all other proceeds of the conversion, voluntary or involuntary, of the Premises,
<br />Improvements, Equipment, Fixtures or any other Property or part thereof into cash or liquidated claims;
<br />(f) all leases, tenancies, licenses and other agreements affecting the use, enjoyment or
<br />occupancy of the Premises, the Improvements, the Fixtures, or the Equipment or any portion thereof now or
<br />hereafter entered into, whether before or after the filing by or against Borrower of any petition for relief
<br />under the Bankruptcy Code and all reciprocal easement agreements, license agreements and other
<br />agreements with Pad Owners (hereinafter collectively referred to as the "Leases "), together with all cash or
<br />security deposits, lease termination payments, advance rentals and payments of similar nature and
<br />guarantees or other security held by, or issued in favor of, Borrower in connection therewith to the extent of
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