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<br />88-10002t1~ <br /> <br />r <br /> <br />Deed of Trust and the Loan Agreement, the terms and provisions of <br />the Loan Agreement shall govern and control. <br /> <br />CON V E Y A N C E: <br />- - - - - - - - - <br /> <br />Mortgagor, to secure the payment of the Indebtedness to <br />Beneficiary and the performance of the covenants and agreements <br />herein contained and in consideration of the further sum of Ten <br />Dollars ($10.00) unto tllortgagor in hand well and truly paid by <br />Beneficiary at or before the sealing and delivery hereof, the <br />receipt whereof is hereby acknowledged, and intending to be <br />legally and firmly bound hereby, and in consideration of the <br />Reci tals set forth above which are incorporated herein by this <br />reference, Beneficiary has granted, bargained, assigned, sold, <br />aliened, released, conveyed and confirmed, and by these presents <br />does hereby grant, bargain, assign, sell, alien, release, convey, <br />warrant and confirm unto Trustee and unto his successors or <br />assigns, forever, in Trust, WITH POWER OF SALE for the benefit and <br />security of Beneficiary with the right of entry and possession to <br />the extent permitted by law, all of Mortgagor's right, title and <br />interest in and to the following (collectively, "Mortgaged Proper- <br />ty"), whether now ovmed or held or hereafter acquired: <br /> <br />A. The leapehold estate including any extensions <br />thereof, and all other property interests that may at any time be <br />acquired in the land described in Exhibit A, together with any and <br />all easements, rights-of-way, sidewalks, gores of land, streets, <br />ways, alleys, passages, sewer rights, waters, water courses, water <br />rights and powers, and all estates, rights, titles, interests, <br />privileges, liberties, servitudes, licenses, tenements, heredita- <br />ments and appurtenances whatsoever, in any way belonging, relating <br />or appertaining thereto, or any part thereof, or which hereafter <br />shall in any way belong, relate or be appurtenant thereto, and all <br />reversion and reversions, remainder and remainders, income, rents, <br />issues, revenues and profits thereof (collectively, "Land"); <br /> <br />:1 <br /> <br />t <br />. ~ <br />:a <br />-,-..~ <br /> <br />B. IlIortgagor' s leasehold interest and any other <br />interest in the buildings, structures and other improvements and <br />any and all alterations or additions thereto now or hereafter <br />located or erected on the Land, including, without limitation, <br />personal property, attachments, walkways, parking faci li ties and <br />light stanchions (collectively, II Improvements") (Improvements <br />together with the Land, collectively, the "premises"); <br /> <br />--{,. <br /> <br />C. To the extent assignable, any and all permits, <br />certificates, approvals and authorizations however characterized, <br />issued or in any way furnished, whether necessary or not for the <br />operation and use of the Premises or the operation of Mortgagor's <br />business, including, without limitation, building permits, certif- <br />icates of occupancy, environmental certificates, certificates of <br />operation, warranties and guarantees; <br /> <br />D. All machinery, apparatus, equipment, fittings, <br />fixtures, improvements and articles of personal property of every <br /> <br /> -3- <br /> ("'- <br /> l-J <br />L L ~ <br />-.J 1 <br /> ,J <br /> ~., <br /> L <br />