200500259
<br />and proper planning, development, use, occupancy or operation thereof, or acquired (whether
<br />delivered to the Land or stored elsewhere) for use or installation in or on the Land or the
<br />Improvements, and all renewals and replacements of, substitutions for and additions to the
<br />foregoing (the properties referred to in this clause b sometimes collectively called the
<br />"Accessories ", all of which are hereby declared to be permanent accessions to the Land);
<br />(c) all (i) Debtor's right, title and interest in and to plans and specifications for
<br />the Improvements, and any and all changes thereto; (ii) Debtor's rights, but not liability for any
<br />breach by Debtor, under all commitments, insurance policies, architectural, engineering,
<br />construction, management, leasing, and other contracts related to the Premises or the Accessories
<br />or the design, construction, use or operation thereof, (iii) deposits (including Debtor's rights in
<br />tenants' security deposits, deposits with respect to utility services to the Premises, and any
<br />deposits or reserves under any Loan Document for taxes, insurance or otherwise), money,
<br />accounts, instruments, documents, notes and chattel paper arising from or by virtue of any
<br />transactions related to the Premises or the Accessories (without derogation of Article 3 hereof);
<br />(iv) permits, licenses, franchises, certificates, development rights, commitments and rights for
<br />utilities, and other rights and privileges obtained in connection with the Premises or the
<br />Accessories; (v) leases, rents, royalties, bonuses, issues, profits, revenues and other benefits of
<br />the Premises and the Accessories (without derogation of Article 3 hereof); and (vi) engineering,
<br />accounting, title, legal, and other technical or business data concerning the Mortgaged Property
<br />which are in the possession of Debtor or in which Debtor can otherwise grant a security interest;
<br />and
<br />(d) all (i) proceeds of or arising from the properties, rights, titles and interests
<br />referred to above in this Section 1.2, including but not limited to proceeds of any sale, lease or
<br />other disposition thereof, proceeds of each policy of insurance relating thereto (including
<br />premium refunds), proceeds of the taking thereof or of any rights appurtenant thereto, including
<br />change of grade of streets, curb cuts or other rights of access, by eminent domain or transfer in
<br />lieu thereof for public or quasi - public use under any Applicable Law, and proceeds arising out of
<br />any damage thereto; and (ii) other interests of every kind and character which Debtor now has or
<br />hereafter acquires in, to or for the benefit of the properties, rights, titles and interests referred to
<br />above in this Section 1.2 and all property used or useful in connection therewith, including but
<br />not limited to rights of ingress and egress and remainders, reversions and reversionary rights or
<br />interests and any and all water and water rights, ditches and ditch rights, reservoirs and reservoir
<br />rights, stock or interests in water, irrigation or ditch companies, royalties, minerals, oil and gas
<br />rights; and if the estate of Debtor in any of the property referred to above in this Section 1.2 is a
<br />leasehold estate, this conveyance shall include, and the lien, security title and security interest
<br />created hereby shall encumber and extend to, all other or additional title, estates, interests or
<br />rights which are now owned or may hereafter be acquired by Debtor in or to the property
<br />demised under the lease creating the leasehold estate.
<br />TO HAVE AND TO HOLD the foregoing rights, interests and properties, and all rights,
<br />estates, powers and privileges appurtenant thereto (herein collectively called the "Mortgaged
<br />Propert y "), unto the Trustee, for the benefit of Secured Party, upon the terms, provisions and
<br />conditions herein set forth.
<br />Section 1.3 Security Interest. In order to further secure the payment of the secured
<br />indebtedness hereinafter referred to, and the performance of the obligations, covenants,
<br />DEED OF TRUST— Page 3
<br />
|