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<br />use or occupancy of the Property, to the extent assignable), plans, specifications and other
<br />documents, whether entered into by Borrower or Borrower's agent or any manager or
<br />administrator of the Property, including, without limitation, contracts and agreements with
<br />respect to the operations conducted or to be conducted at the Facility now or hereafter entered
<br />into, and all rights therein and thereto, respecting or pertaining to the use, occupation,
<br />construction, management or operation of the Land and any part thereof and any Improvements
<br />or 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
<br />happening of any default hereunder, to receive and collect any sums payable to Borrower
<br />thereunder;
<br />(o) Trademarks. All tradenames, trademarks, serviccmarks, logos, copyrights,
<br />goodwill, books and records and all other general intangibles relating to or used in connection
<br />with the operation of the Property;
<br />(p) Accounts. To the extent permitted by applicable law, all reserves, escrows
<br />and deposit accounts maintained by Borrower with respect to the Property or the operation of the
<br />Facility thereon, including, without limitation, all accounts established or maintained pursuant to
<br />the Cash Management Agreement; together with all deposits or wire transfers made to such
<br />accounts and all cash, checks, drafts, certificates, securities, investment property, financial assets,
<br />instruments and other property held therein from time to time and all proceeds, products,
<br />distributions or dividends or substitutions thereon and thereof;
<br />(q) Interest Rate Can Agreement. The Interest Rate Cap Agreement,
<br />including, but not limited to, all "accounts ", "chattel paper ", "general intangibles" and
<br />"investment property" (as such terms are defined in the Uniform Commercial Code as from time
<br />to time in effect) constituting or relating to the foregoing; and all products and proceeds of any of
<br />the foregoing; and
<br />(r) Other Rights. To the extent permitted by applicable law, any and all other
<br />rights of Borrower in and to the items set forth in Subsections (a) through (q) above.
<br />AND without limiting any of the other provisions of this Security Instrument, to
<br />the extent permitted by applicable law, Borrower expressly grants to Lender, as secured party, a
<br />security interest in the portion of the Property which is or may be subject to the provisions of the
<br />Uniform Commercial Code which are applicable to secured transactions; it being understood and
<br />agreed that the Improvements and Fixtures are part and parcel of the Land (the Land, the
<br />Improvements and the Fixtures collectively referred to as the "Real Property ") appropriated to
<br />the use thereof and, whether affixed or annexed to the Real Property or not, shall for the
<br />purposes of this Security Instrument be deemed conclusively to be real estate and conveyed
<br />hereby.
<br />Section 1.2 Assignment of Rents. To the extent permitted under applicable
<br />law, Borrower hereby absolutely and unconditionally assigns to Lender all of Borrower's right,
<br />title and interest in and to all current and future Leases and Rents; it being intended by Borrower
<br />that this assignment constitutes a present, absolute assignment and not an assignment for
<br />additional security only. Nevertheless, subject to the terms of the Assignment of Leases, the
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