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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 />