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<br />200603193
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<br />(5) Equipment: to the extent permitted by applicable law, all "equipment,"
<br />as such term is defined in Article 9 of the Uniform Commercial Code (as
<br />such term is hereinafter defined), now owned or hereafter acquired by
<br />Debtor, which is used at or in connection with the Improvements or the
<br />Land or is located thereon or therein (including, but not limited to, all
<br />machinery, equipment, furnishings, and electronic data-processing and
<br />other office equipment including, but not limited to, all machines, engines,
<br />boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens,
<br />shades, blinds, carpets, draperies, lawn mowers, beds, linens, televisions,
<br />lamps, glassware, and chinaware, and all appliances, plumbing, heating,
<br />air conditioning, lighting, ventilating, refrigerating, disposal and
<br />incinerating equipment, cleaning apparatus, telephones, cash registers,
<br />computers, rehabilitation equipment, restaurant and kitchen equipment,
<br />and medical, dental, therapeutic, diagnostic and paramedical equipment
<br />and supplies, and all kitchen, medical, dental, diagnostic, rehabilitation
<br />and other fixtures and appurtenances thereto, now owned or hereafter
<br />acquired by Debtor and any and all additions, substitutions and
<br />replacements of any of the foregoing), together with all attachments,
<br />components, parts, equipment and accessories installed thereon or affixed
<br />thereto (collectively, the "Equipment"). Notwithstanding the foregoing,
<br />Equipment shall not include any property belonging to tenants under
<br />Leases (as such term is hereinafter defined) except to the extent that
<br />Debtor shall have any right or interest therein;
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<br />(6) Fixtures: all Equipment now owned, or the ownership of which is
<br />hereafter acquired, by Debtor which is so related to the Land and
<br />Improvements forming part of the Property that it is deemed fixtures or
<br />real property under the law of the particular state in which the Equipment
<br />is located, including, without limitation, all building or construction
<br />materials intended for construction, reconstruction, alteration or repair of
<br />or installation on the Property, construction equipment, appliances,
<br />machinery, plant equipment, fittings, apparatuses, fixtures and other items
<br />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
<br />activities conducted therein, including, but not limited to, engines, devices
<br />for the operation of pumps, pipes, plumbing, call and sprinkler systems,
<br />fire extinguishing apparatuses and equipment, heating, ventilating,
<br />incinerating, electrical, air conditioning and air cooling equipment and
<br />systems, gas and electric machinery, appurtenances and equipment,
<br />pollution control equipment, security systems, disposals, dishwashers,
<br />refrigerators and ranges, recreational equipment and facilities of all kinds,
<br />and water, gas, electrical, storm and sanitary sewer facilities, utility lines
<br />and equipment (whether owned individually or jointly with others, and, if
<br />owned jointly, to the extent of Debtor's interest therein) and all other
<br />utilities whether or not situated in easements, all water tanks, water
<br />supply, water power sites, fuel stations, fuel tanks, fuel supply, and all
<br />other structures, together with all accessions, appurtenances, additions,
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<br />EXHIBIT A - PAGE 2
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<br />NYLIB4 755076.1
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