|
<br />200600023
<br />
<br />SCHEDULE 1 TO UCC-l FINANCING STATEMENT
<br />
<br />DEBTOR:
<br />
<br />ShopKo Properties, LLC
<br />
<br />SECURED PARTY: Wachovia Bank, National Association, as Administrative Agent
<br />
<br />Debtor grants to the Secured Party a security interest in all property, rights, interests and
<br />estates now owned or hereafter acquired by Debtor (collectively, the "Property"):
<br />
<br />a. Land. The real property described in Exhibit A attached hereto (the "Land").
<br />
<br />b. Additional Land. All additional lands, estates and development rights hereafter acquired by
<br />Debtor for use in connection with the Land and the development of the Land which may,
<br />from time to time, by supplemental mortgage, deed of trust or otherwise be expressly made
<br />subject to the lien evidenced by this financing statement;
<br />
<br />c. Improvements. The buildings, structures, fixtures, pads, additions, enlargements, extensions,
<br />modifications, repairs, replacements and improvements now or hereafter erected or located
<br />on the Land (collectively, the "Improvements");
<br />
<br />d. Easements. All easements, rights-of-way or use rights, strips and gores of land, streets, ways,
<br />alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and
<br />development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes,
<br />tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or
<br />hereafter belonging, relating or pertaining to the Land and the Improvements and the
<br />reversions and remainders, and all land lying in the bed of any street, road or avenue, opened
<br />or proposed, in front of or adjoining the Land, to the center line thereof and all the estates,
<br />rights, titles, interests, rights of dower, rights of curtesy, property, possession, claim and
<br />demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the
<br />Improvements and every part and parcel thereof, with the appurtenances thereto;
<br />
<br />e. Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not
<br />limited to, all heating, air conditioning, plumbing, lighting, communications and elevator
<br />fixtures), furniture, fittings, appliances, apparatus, software and articles of personal property
<br />and additions thereto and replacements thereof used in connection with or to operate any of
<br />the foregoing and other property of every kind and nature whatsoever owned by Debtor, or in
<br />which Debtor has or shall have an interest, now or hereafter located upon, affixed to, attached
<br />to or placed upon the Land and the Improvements, or appurtenant thereto, or usable in any
<br />way in connection with the present or future operation and occupancy of the Property and all
<br />building equipment, materials and supplies of any nature whatsoever owned by Debtor, or in
<br />which Debtor has or shall have an interest, now or hereafter located upon, affixed to, attached
<br />to or placed upon the land and the Improvements, or appurtenant thereto, or usable in any
<br />way in connection with the present or future operation and occupancy of the Land and the
<br />Improvements (collectively, the "Personal Property"), and the right, title and interest of
<br />Debtor in and to any of the Personal Property which may be subject to any security interests,
<br />as defined in the Uniform Commercial Code, as adopted and enacted by the state or states
<br />where any of the Property is located, and all proceeds and products of the above;
<br />
<br />-NEWY! :7962534.v!
<br />
|