renewals, alterations, substitutions and replacements thereof (hereinafter sometimes collectively
<br />referred to as the "E ui ment ");
<br />D. All surface rights, easements, rights of way, and other rights, titles, interests,
<br />privileges, liberties and tenaments appurtenant to the use and enjoyment of, or used in
<br />connection with, the Pioneer Trail Land and/or the Improvements;
<br />E. All streets, roads and public places (whether open or proposed) now or hereafter
<br />adjoining or otherwise providing access to the Pioneer Trail Land, the land lying in the bed of
<br />such streets, roads and public places, and all other sidewalks, alleys, ways, passages, vaults,
<br />water courses, strips and gores of land now or hereafter adjoining or used or intended to be used
<br />in connection with all or any part of the Pioneer Trail Land and/or the Improvements;
<br />F. Any leases, lease guaranties and in any other agreements relating to the use and
<br />occupancy of the Pioneer Trail Land and/or the Improvements or any portion thereof, including,
<br />but not limited to, any use or occupancy arrangements created pursuant to Section 365(h) of Title
<br />11 of the United States Code (the "B aMigy Code ") or otherwise in connection with the
<br />commencement or continuance of any bankruptcy, reorganization, arrangement, insolvency,
<br />dissolution, receivership or similar proceedings, or any assignment for the benefit of creditors, in
<br />respect of any tenant or occupant of any portion of the Pioneer Trail Land and/or the
<br />Improvements (collectively, "Leases ");
<br />G. All revenues, rents, receipts, income, accounts receivable, issues and profits of the
<br />Trust Property (collectively,
<br />H. All permits, licenses and rights relating to the use, occupation and operation of the
<br />Pioneer Trail Land and/or the Improvements or any business conducted thereon or therein;
<br />I. All real estate tax refunds payable to the Trustor with respect to the Pioneer Trail
<br />Land or the Improvements, and refunds, credits or reimbursements payable with respect to
<br />bonds, escrow accounts or other sums payable in connection with the use, development, or
<br />ownership of the Pioneer Trail Land and/or Improvements;
<br />J. Any claims or demands with respect to any proceeds of insurance in effect with
<br />respect to the Pioneer Trail Land and/or the Improvements, including interest thereon, which the
<br />Trustor now has or may hereafter acquire and any and all awards made for the taking by eminent
<br />domain, condemnation or by any proceedings, transfer or purchase in lieu or in anticipation of
<br />the exercise of said rights, or for a change of grade, or for any other injury to or decrease in the
<br />value of, the whole or any part of the Pioneer Trail Land and/or Improvements;
<br />K. Any zoning rights, air rights and development rights which are or may become
<br />vested in the Trustor (including, without limitation, pursuant to zoning lot agreements);
<br />L. All assignments, modifications, amendments, extensions and renewals of the
<br />Pioneer Trail Grain Facility Lease and all credits, deposits, options, privileges and rights of
<br />Trustor as tenant under the Pioneer Trail Grain Facility Lease, including, but not limited to,
<br />rights of first refusal, if any, options to purchase, if any, and the right, if any, to renew or extend
<br />the Pioneer Trail Grain Facility Lease for a succeeding term or terms, and also including all the
<br />5
<br />
|