<br />RIDER A TO UCC
<br />
<br />200604019
<br />
<br />Debtor:
<br />SHOPKO PROPERTIES SPE-.
<br />REAL ESTATE. LLC
<br />a Delaware limited liability company.
<br />
<br />Secured Party:
<br />BARCLAYS CAPITAL REAL ESTATE INC..
<br />a Delaware corporation.
<br />
<br />All rights, interests and estates now owned, or hereafter acquired by Debtor in, to or under the
<br />following:
<br />
<br />(a) Land. The real property described in Exhibit A attached hereto and made a part
<br />hereof (the "Land");
<br />
<br />(b) Additional Land. All additional lands, estates and development rights hereafter
<br />acquired by Debtor for use in connection with the Land and the development of the Land which
<br />may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the
<br />lien of the Deed of Trust, Security Agreement and Assignment of Leases and Rents, (the
<br />"Security Instrument");
<br />
<br />( c) Improvements. The buildings, structures, fixtures, pads, additions, enlargements,
<br />extensions, modifications, repairs, replacements and improvements now or hereafter erected or
<br />located on the Land (collectively, the "Improvements");
<br />
<br />(d) Easements. All easements, rights-of-way or use rights, strips and gores of land,
<br />streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air
<br />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 Debtor of, in and to the Land and the Improvements
<br />and every part and parcel thereof, with the appurtenances thereto;
<br />
<br />(e) Fixtures. All machinery, equipment, fixtures (including, but not limited to, all
<br />heating, air conditioning, plumbing, lighting, communications and elevator fixtures but expressly
<br />excluding any trade fixtures) and additions thereto and replacements thereof used in connection
<br />with or to operate any of the foregoing owned by Debtor, or in which Debtor has or shall have an
<br />interest, now or hereafter, affixed to, attached to or placed upon the Land and the Improvements,
<br />or appurtenant thereto, and used in connection with the present or future operation and
<br />occupancy of the Land and the Improvements (collectively, the "Fixtures"), and the right, title
<br />and interest of Debtor in and to any of the Fixtures 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"), and all proceeds
<br />and products of accessions to and substitutions and replacements for the above;
<br />
<br />NEBRASKA RIDER
<br />
|