<br />I"
<br />
<br />n
<br />
<br />all plans, specifications, renderings and other similar
<br />materials presently owned and hereafter acquired by Debtor' in
<br />connection with any of the Real Property; (c) all presently
<br />:existing and hereafter created contracts, leases and agreements
<br />. pertaining to the ownership, management, leasing, maintenance
<br />or operation of the Real Property; (d) all presently and
<br />hereafter eXisting policies and agreements of insurance, surety
<br />or indemnity in favor .of Debtor in connection with the Real
<br />Property; (e) all choses in action, claims, rights, interests,
<br />indemnities, warranties and representations, made, or ariSing
<br />under, or conferred upon or in favor of Debtor pursuant to the
<br />Purchase Agreements (hereinafter defined); (f) all presently
<br />and hereafer existing loan commitments, equity contribution
<br />agreements and other finanCing arrangements in favor of Debtor
<br />and pertaining to the Real Property; and (g) all other
<br />presently existing and hereafter acquired documents, accounts.
<br />general intangibles and intangible personal property of ariy
<br />kind, and all rights, interests and liens held by Debtor
<br />thereunder, arising out of the acquiSition, development,
<br />improvement, financing, leasing, operation or other use of the
<br />Real Property; the following purchase agreements (herein
<br />sometimes referred to collectively as the "Purchase Agreements"
<br />and individually as a "Purchase Agreement..) and all rights,
<br />titles, interests and claims of Debtor in, to or under such
<br />agreements (but not the Obligations of Debtor thereunder): (a)
<br />that certain Asset Purchase Agreement, dated as of January 15,
<br />1988, by and among Safeway Stores, Incorporated, Safeway Stores
<br />45, Inc., Safeway Stores 46, Inc., Safeway Stores 61, Inc., and
<br />Safeway Stores 62, Inc. , as seller, and SunWest Development
<br />Co., Inc., a Texas corporation ("SunWest..), as buyer, as
<br />amended by that certain Amendment to Asset Purchase Agreement,
<br />dated as of February 12, 1988, and any other modifications or
<br />amendments thereto; (b) that certain Asset Purchase Agreement,
<br />dated as of January IS, 1988, by and between Property
<br />Development Associates (RPDA"), as seller, and SunWest, as
<br />buyer, as amended by that certain Amendment to Asset Purchase
<br />Agreement, dated as of February 12, 1988, and any other
<br />modifications or amendments thereto; (c) that certain Asset
<br />Purchase Agreement, dated as of February 25, 1988, by and among
<br />Safeway Stores 40, Inc.. Safeway Stores 68, Inc., Safeway
<br />Stores 81, Inc.. Safeway Stores 82, Inc., and Safeway Stores
<br />83. Inc.. as sellers, and SunWest. as buyer, and any and all
<br />modifications or amendments thereto; and (d) that certain Asset
<br />Purchase Agreement, dated as of ~ebruary 25, 1988. by and
<br />between PDA, as seller, and SunWest, as buyer, and any and all
<br />modifications and amendments thereto, each of such agreements
<br />having been dUly assigned by SunWest to Debtor pursuant to that
<br />certain Assignment of Contracts, dated as of Apri 1 , 1988.
<br />executed. by SunWest, Debtor and all of the above-named sellers
<br />under the Purchase Agreements (herein sometimes referred to
<br />COllectively as the "Sellers") and Debtor; any and all present
<br />
<br />88-- 10,D046
<br />
<br />-3-
<br />
<br />
<br />L
<br />
<br />..J
<br />
<br />L
<br />
|