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<br />200603193
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<br />replacements, betterments and substitutions for any of the foregoing and
<br />the proceeds thereof (collectively, the "Fixtures"). Notwithstanding the
<br />foregoing, "Fixtures" shall not include any property which tenants are
<br />entitled to remove pursuant to Leases, except to the extent that Debtor
<br />shall have any right or interest therein;
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<br />(7) Personal Property: to the extent permitted by applicable law, all
<br />furniture, furnishings, objects of art, machinery, goods, tools, supplies,
<br />appliances, general intangibles, contract rights, accounts (including,
<br />without limitation, any rights of Debtor in accounts arising from the
<br />operation of the Facility), accounts receivable, franchises, licenses,
<br />certificates and permits, and all other personal property of any kind or
<br />character whatsoever as defined in and subject to the provisions of the
<br />Uniform Commercial Code, whether tangible or intangible, other than
<br />Fixtures, which are now or hereafter owned by Debtor and which are
<br />located within or about the Land and the Improvements or used in
<br />connection with the activities conducted therein, together with all
<br />accessories, replacements and substitutions thereto or therefor and the
<br />proceeds thereof (collectively, the "Personal Property"), and the right,
<br />title and interest of Debtor in and to any of the Personal Property which
<br />may be subject to any security interests, as defined in the Uniform
<br />Commercial Code, as adopted and enacted by the state or states where any
<br />of the Property is located (the "Uniform Commercial Code"), superior in
<br />lien to the lien of the Security Instrument and all proceeds and products of
<br />the above;
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<br />(8) Leases and Rents: to the extent permitted by applicable law, all leases,
<br />rental agreements, occupancy agreements, residency agreements,
<br />subleases or subsubleases, lettings, licenses, concessions or other
<br />agreements (whether written or oral) pursuant to which any Person is
<br />granted a possessory interest in, or right to use or occupy all or any portion
<br />of the Land and the Improvements, and every modification, amendment or
<br />other agreement relating to such leases, subleases, subsubleases, or other
<br />agreements entered into in connection with such leases, subleases,
<br />subsubleases, or other agreements and every guarantee of the performance
<br />and observance of the covenants, conditions and agreements to be
<br />performed and observed by the other party thereto, heretofore or hereafter
<br />entered into (collectively, the "Leases"), whether before or after the filing
<br />by or against Borrower of any petition for relief under 11 U.S.C. ~ 101 et
<br />seq., as the same may be amended from time to time (the "Bankruptcy
<br />Code") and all right, title and interest of Debtor, its successors and assigns
<br />therein and thereunder, including, without limitation, cash or securities
<br />deposited thereunder to secure the performance by the lessees of their
<br />obligations thereunder and all rents, additional rents, revenues, issues and
<br />profits (including all oil and gas or other mineral royalties and bonuses)
<br />from the Land income, charges for services rendered or to be rendered
<br />(including, without limitation, rights to payment earned under leases for
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<br />EXHIBIT A - PAGE 3
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<br />NYLlB4 755076.1
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