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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 <br />2 <br />1922549 <br />