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<br />I <br /> <br />84 - 0066'1.1 <br /> <br />I <br />;;. .~ <br /> <br /> <br />TOGETHER with all right, rille and interest of Mortgagor, including any after-acquiled title or reversiOllin8l1l! <br />to the beds of the ways, roads, streets, aVlf,ues and alleys adjoining the said premises; and <br /> <br />TOGETHER with all <ind singular the tenements, hereditaments, easements, appurtenances, paSSllltS,,\V;a,s'i), <br />water ripts, water COlllsts, riparian npts, o!helllghts, liberties and privileges thereof or in anyway noV' orllermter~~i' <br />including hOlMStead and any other claim at law or in equity as well as any after-acquiled litle, franthiseOltitmeandtlte~Jj,.O.!I <br />and reversions and rell\llinder and remainders thereo!; and . <br /> <br />r <br /> <br />TOGETHER with all rents, issues, proceeds and profits accluing 3!ld to ac<<UllfrOlll $lid prellli$U; and <br />all of its right in an estate on conditional limitation in <br />TOGETHER wlth)lll buil1ings and improvements of every kind and deSCliptiOll nOWOlllereafter~tedorPIaeell <br />therlOll and all matenals mtended for construction, re-construction, alteration and repails of S\lCllimprovements 1lCI'IV~.~ <br />erected !heleon, all of which matenals shall be deemed to be Included within the mortgagedplllllisesimmediate~~!!I'idetivery <br />!heleolto tile $lid mortgaged premises, and all fixtures and iIIticles of personal property now or lIerufm OWfttdbY<~.. <br />attached to orCOlltained in and used so connection with said premises, including but not limited to lIt1l1flp1l'atus,~ 1IIotfi. <br />elevators, fithngs, radiators. gas ranges, ice boxes, mechanical refrigerators, awninp, shades, SCl'eelIS, offICI ~and <br />other furnishings, and all plumbing, healing, lighting, cooking, laundry, ventilating, relrigerating, incinerating, air-cOliditiOllillland <br />sprinkler equipment and rixtures and appurtenances thereto: and all renewals or replacements thereof or articles ill SIlIIstitlltiOll <br />therefor, whethel or not the ume are or shall be allached to said building or buildings in any fIlI/lller; it beinglll1ltlllUy qmd tllIt <br />all the aforeuld ploperty owned by said Mortgagor and placed by it on said premises shall, so far as permitted by law, be__ <br />to be fixtures and a part 01 the realty security fOlthe said indebtedness and covered by this Mortgage, and as to IIle balance of !lie <br />said property, this Mortgage is hereby deemed to be as well a Security Agreement for the pulpo5e of creating herelly a secllltty <br />IAterest in said prOjlelty secUllng the said indebtedness for the benefit of the Morta.e. <br /> <br />TOGETHER WIth all awards and ctller compensations heretofore or hereafter to be mede to !lie present and all <br />~UClj\Uwlltifsottli1lmOi'tj~-iJtmiSi:lnOr anyTalfIiij or emlOent domalO, ettner perl!IIlltml or telllllOlI/Y, Ofifl or lIlIy part of <br />the said premises Of any easement orlll1lllltenance thereof, including severance and consequential damage llIIll c!lallle ill gfade of <br />streets, which said awards and compenution are hereby assigned to Mortgagee, and Mortgagor hereby 8llIlOintS Mort&ape its Attorney- <br />in.Fact, coupled with an interest, and authorizes, directs and empowers such Attorney, at the option of the AttorReY, on beIlalf of <br />Mortgagor or the heirs, personal representatives, successors or assigns of Mortgagor to adjust or cOlllllomise the claim for any award <br />and to c'ollect and receive the proceeds thereof. to give proper receipts and acquillances th81'efor and, after deductmg expenses of <br />collectiOll, to allP1y the net proceeds as a credit upon any portion, as selected by Mortgagee, of the indebtedness secured hereby, <br />notwithstanding the f3Ctlhat the amount owing thereon may not lhen be dUll and payable or that IIle indebtedness is otherwise adequatety <br />secured_ <br /> <br />TO HAVE AND TO HOLD the same unto the Mortgagee and Its successors and assIgns forever. <br />a leasehold <br />AND MORTGAGOR COVENANTS AND WARRANTS lawful selsm of /xxxxxxxx estate in-'"",1f1UIIt <br />said premises; that the same ,s free from all encumbrances and hens wl1atsoeverAhat Mortgagor has good and legal right, power and <br />authority to so convey the same and that Morlgagor and successors ,n interest will forever WARRANT AND DEFEND the title of said <br />property and the lien and priorIty of this Mortgage agamst the lawful claims and demands of all persons whomsoever: and that Mortgagor <br />,,," execute, acknowltdge and deliver all and every SUCh furlhel assurances unto the Mortgagee of the lille to all and sincvlar the <br />prtllllsts hereby conveyed and mtended so to be, Of whIch Mortgagor r.:ay be 01 shall become helelOafter bound so 10 do. All such <br />cOVtllanls and wiIIlanl,es Shall run With the land. <br /> <br />la-WIt: <br /> <br />PROVIDED ALWA VS, and these presents are e~eculed and delivered upon the following express conditions, <br /> <br />THAT ,f ~lIlltgil!lOl shall payor cause to be ;alo 10 the 'Aortgagee, or Older, lhe JuSI and full jlflOclpal sum of <br />THIRTEEN MILLION FIYE HUNDRED 7HOUS,u,D A;.D OO/lOOTrlS------__________________ <br /> <br />-------------------------------------------------.i.S 13,500,000.00 ) DOLLARS, <br />w,lllmltresl tlleleon accordmg to rhe telms ana COndl!lOflS of a ce.taln P1omlssory Note bearrn@ even date hereWith" which <br />principal SUIn may be increased en ,January I, 1990, the terms of '..hich Note are <br />Incorvorated herein by reference, and a copy of which is attached hereto and <br />l'lll~e a part hereof ;15 Exh i bit "e". <br /> <br />*l!'ltcept thOll~l, enCUmbl'M('ec listed in EX11ibit "E", <br /> <br />L <br /> <br />',1141 ~41 <br /> <br /> <br /> <br />..J <br />