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200603191
<br />and all kitchen, medical, dental, diagnostic, rehabilitation and other fixtures and appurtenances
<br />thereto, now owned or hereafter acquired by Borrower and any and all additions, substitutions
<br />and replacements of any of the foregoing), together with all attachments, components, parts,
<br />equipment and accessories installed thereon or affixed thereto (collectively, the "Equipment ").
<br />Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants
<br />under Leases (hereinafter defined) except to the extent that Borrower shall have any right or
<br />interest therein;
<br />(f) Fixtures. All Equipment now owned, or the ownership of which is
<br />hereafter acquired, by Borrower which is so related to the Land and Improvements forming part
<br />of the Property that it is deemed fixtures or real property under the law of the particular state in
<br />which the Equipment is located, including, without limitation, all building or construction
<br />materials intended for construction, reconstruction, alteration or repair of or installation on the
<br />Property, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses,
<br />fixtures and other items now or hereafter attached to, installed in or used in connection with
<br />(temporarily or permanently) any of the Improvements or the Land or the activities conducted
<br />therein, including, but not limited to, engines, devices for the operation of pumps, pipes,
<br />plumbing, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating,
<br />ventilating, incinerating, electrical, air conditioning and air cooling equipment and systems, gas
<br />and electric machinery, appurtenances and equipment, pollution control equipment, security
<br />systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of
<br />all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and
<br />equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent
<br />of Borrower's interest therein) and all other utilities whether or not situated in easements, all
<br />water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other
<br />structures, together with all accessions, appurtenances, additions, replacements, betterments and
<br />substitutions for any of the foregoing and the proceeds thereof (collectively, the "Fixtures ").
<br />Notwithstanding the foregoing, "Fixtures" shall not include any property which tenants are
<br />entitled to remove pursuant to Leases, except to the extent that Borrower shall have any right or
<br />interest therein;
<br />(g) Personal Property. To the extent permitted by applicable law, all
<br />furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general
<br />intangibles, contract rights, accounts (including, without limitation, any rights of Borrower in
<br />accounts arising from the operation of the Facility), accounts receivable, franchises, licenses,
<br />certificates and permits, and all other personal property of any kind or character whatsoever as
<br />defined in and subject to the provisions of the Uniform Commercial Code, whether tangible or
<br />intangible, other than Fixtures, which are now or hereafter owned by Borrower and which are
<br />located within or about the Land and the Improvements or used in connection with the activities
<br />conducted therein, together with all accessories, replacements and substitutions thereto or
<br />therefor and the proceeds thereof (collectively, the "Personal Property "), and the right, title and
<br />interest of Borrower in and to any of the Personal Property which may be subject to any security
<br />interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or
<br />states where any of the Property is located (the "Uniform Commercial Code "), superior in lien
<br />to the lien of this Security Instrument and all proceeds and products of the above;
<br />NYLIB4 753775.3 -3-
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