200603080
<br />W Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing
<br />including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
<br />(k) Rights. The right, in the ruune and on behalf of Borrower, to appear in and defend any action or
<br />proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of
<br />Trustee and /or Lender in the Property;
<br />(1) Agreements. All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans,
<br />specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or
<br />pertaining to the use, occupation, construction. management or operation of the Land and any part thereof and any
<br />Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and
<br />interest of Borrower therein and thereunder, including, without limitation, the right, upon the occurrence and during the
<br />continuance of an Event of Default (defined in Article 10), to receive and collect any sums payable to Borrower
<br />thereunder;
<br />(m) Intangibles. All trade names, trademarks, servicemarks, logos, copyrights, goodwill, books and
<br />records and all other general intangibles relating to or used in connection with the operation of the Property;
<br />(n) Cash and Accounts. All cash funds, deposit accounts and other rights and evidence of rights to cash,
<br />all present and future funds, accounts, instruments, accounts receivable, documents, causes of action, or claims now or
<br />hereafter held, created or otherwise capable of credit to the Debtor/Borrower; and
<br />(o) Other Rights. Any and all other rights of Borrower in and to the items set forth in Subsections (a)
<br />through (n) above.
<br />Section 1.2. ASSIGNMENT OF LEASES AND Borrower hereby absolutely and unconditionally
<br />assigns to "Trustee for the benefit of Lender Borrower's right, title and interest in and to all current and future Leases and
<br />Rents; it being intended by Borrower that this assignment constitutes a present, absolute assignment and not an
<br />assignment for additional security only. Nevertheless, subject to the terms of this Section 1.2 and Section 3.8, Lender
<br />grants to Borrower a revocable license to collect and receive the Rents. Borrower shall hold a portion of the Rents
<br />sufficient to discharge all current sums due on the Debt, for use in the payment of such sums.
<br />Section 1.3. SECURITY AGREEMENT. This Security Instrument is both a real property Deed of Trust and a
<br />"security agreement" within the meaning of the Uniform Commercial Code. The Property includes both real and personal
<br />property and all other rights and interests, whether tangible or intangible in nature, of Borrower in the Property. By
<br />executing and delivering this Security Instrument, Borrower hereby grants to Lender, as security for the Obligations
<br />(defined in Section 2.3), a security interest in the Personal Property to the full extent that the Personal Property may be
<br />subject to the Uniform Commercial Code.
<br />Section 1.4. PLEDGE, OF MONIES HELD. Borrower hereby pledges to Lender any and all monies now or
<br />hereafter held by Lender, including, without limitation, any Sums deposited in the Escrow Fund (defined in Section 3.5),
<br />Net Proceeds (defined in Section 3.7) and condemnation awards or payments described in Section 3.6, as additional
<br />Secw-ity for the Obligations until expended or applied as provided in this Security Instrument.
<br />ARTICLE2. - DEBT AND OBLIGATIONS SECURED
<br />Section 2.1. DF13T. This Security instrument and the grants, assignments and transfers made in Article 1 are
<br />given for the purpose of Securin 1 the payment of the following, in Such order of priority as Lender may determine in its
<br />sole discretion (the "Debt "):
<br />(a) the indebtedness evidenced by the Note in lawful money of the United States of America;
<br />(b) interest, default interest, late charges and other stuns, as provided in the Note, this Security
<br />Instrument or the Other Security Documents (del'ined in Section 3.2);
<br />(c) the Prepayment Consideration (defined in the Note), if any;
<br />
|