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20100014'7
<br />and reversions, remainder and remainders, and all land lying in the .bed of any
<br />street, road or avenue, opened or proposed, in front of or adjoining the Mortgaged
<br />Property, to the center line thereof and all the estates, rights, titles, interests,
<br />dower and rights of dower, curtesy and rights of curtesy, property, possession,
<br />claim and demand whatsoever, both at law and in equity, of Borrower of, in and
<br />to the Mortgaged Property and every part and parcel thereof, with the
<br />appurtenances thereto;
<br />(c) subject to section 17 of the Lease (hereinafter defined), all machinery, equipment,
<br />fixtures (including but not limited to all heating, air conditioning, plumbing,
<br />lighting, communications and elevator fixtures) and other property of every kind
<br />and nature, whether tangible or intangible, whatsoever owned by Borrower, or in
<br />which Borrower has or shall have an interest, now or hereafter located upon the
<br />Premises and the Improvements, or appurtenant thereto, and usable in connection
<br />with the present or future operation and occupancy of the Premises and the
<br />Improvements and all building equipment, materials and supplies of any nature
<br />whatsoever owned by Borrower, or in which Borrower has or shall have an
<br />interest, now or hereafter located upon the Premises and the Improvements, or
<br />appurtenant thereto, or usable in connection with the present or future operation,
<br />enjoyment and occupancy of the Premises and the Improvements, but excluding
<br />any "trade fixtures" and other equipment described in section 17 of the Lease),
<br />(hereinafter collectively called the. "Equipment"), including the proceeds of any
<br />sale or transfer of the foregoing, and the right, title and interest of Borrower in
<br />and to any of the Equipment which may be subject to any security interests, as
<br />defined in the Uniform Commercial Code, as adopted and enacted from time to
<br />time by the State or States where any of the Mortgaged Property is located or
<br />where Borrower is organized, as applicable (the "Uniform Commercial Code"),
<br />superior in priority to the lien of this Security Instrument. In connection with
<br />Equipment which is leased to Borrower or which is subject to a lien or security
<br />interest which is superior to the lien of this Security Instrument, this Security
<br />Instrument shall also cover all right, title and interest of each Borrower in and to
<br />all deposits, and the benefit of all payments now or hereafter made with respect to
<br />such Equipment;
<br />(d) all awards or payments,. including interest thereon, which may hereafter be made
<br />with respect to the Mortgaged Property,, whether from the exercise of the right of
<br />eminent domain or condemnation (including but not limited to any transfer made
<br />in lieu of or in anticipation of the exercise of said rights), or for a change of grade,
<br />or far any other injury to or decrease in the value of the Mortgaged Property;
<br />(e) all right, title and interest of Borrower in and to (i) the Lease dated as of the date
<br />hereof (the "Lease") between Borrower, as lessor, and the Hy-Vee, Inc., as lessee
<br />(together with any permitted assignees under the Lease, the "Lessee"), and (ii) all
<br />other leases, subleases (if, and to the extent that, Borrower has any rights, title or
<br />interest therein), including, without limitation, any assignments .thereof
<br />(including, without limitation, all guarantees of any such leases, assignment of
<br />leases and subleases) and other agreements affecting the use, enjoyment or
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