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200603191
<br />NOW THEREFORE, in consideration of the making of the Loan by Lender and
<br />the covenants, agreements, representations and warranties set forth in this Security Instrument:
<br />ARTICLE 1 - GRANTS OF SECURITY
<br />Section 1.1 Property Mortgaged. Borrower does hereby irrevocably
<br />mortgage, grant, bargain, sell, pledge, assign, warrant, transfer and convey to Trustee (in trust,
<br />with the power of sale, for the benefit and security of Lender) and its successors and assigns the
<br />following property, rights, interests and estates now owned, or hereafter acquired by Borrower
<br />(collectively, the "Property ") and the operations conducted or to be conducted on or related to
<br />the Property:
<br />(a) Land. The real property described in Exhibit A attached hereto and made
<br />a part hereof (the "Land ");
<br />(b) Additional Land. All additional lands, estates and development rights
<br />hereafter acquired by Borrower for use in connection with the Land and the development of the
<br />Land and all additional lands and estates therein which may, from time to time, by supplemental
<br />mortgage or otherwise, be expressly made subject to the lien of this Security Instrument;
<br />(c) Improvements. The buildings, structures, fixtures, additions,
<br />enlargements, extensions, modifications, repairs, replacements and improvements now or
<br />hereafter erected or located on the Land, including the healthcare related facility described on
<br />Schedule I (the "Facility ") operated on the Land (collectively, the "Improvements ");
<br />(d) Easements. All easements, rights -of -way or use, rights, strips and gores of
<br />land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers,
<br />air rights and development rights, and all estates, rights, titles, interests, privileges, liberties,
<br />servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way
<br />now or 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 or
<br />proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights,
<br />titles, interests, rights of dower, rights of curtesy, property, possession, claim and demand
<br />whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements
<br />and every part and parcel thereof, with the appurtenances thereto;
<br />(e) Equipment. To the extent permitted by applicable law, all "equipment," as
<br />such term is defined in Article 9 of the Uniform Commercial Code (hereinafter defined), now
<br />owned or hereafter acquired by Borrower, which is used at or in connection with the
<br />Improvements or the Land or is located thereon or therein (including, but not limited to, all
<br />machinery, equipment, furnishings, and electronic data- processing and other office equipment
<br />including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks,
<br />cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, beds, linens,
<br />televisions, lamps, glassware, and chinaware, and all appliances, plumbing, heating, air
<br />conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, cleaning
<br />apparatus, telephones, cash registers, computers, rehabilitation equipment, restaurant and kitchen
<br />equipment, and medical, dental, therapeutic, diagnostic and paramedical equipment and supplies,
<br />NYLIB4 753775.3 -2-
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