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201000147
<br />occupancy of the Mortgaged Property and the Improvements heretofore or
<br />hereafter entered into (the "Other Leases"), and all income, rents, issues, profits
<br />and revenues (including all oil and gas or other mineral royalties and bonuses)
<br />from the Mortgaged Property (if, and to the extent that, Borrower has any rights,
<br />title or interest therein) (the "Rents"), and all proceeds from the sale or other
<br />disposition of the Lease or Other Leases and the right to receive and apply the
<br />Rents to the payment of the Debt and the right to receive and apply any payments,
<br />made to Borrower by the Lessee in connection with any condemnation or
<br />casualty, to payment of the Debt, subject to the Lessee's rights to such payments
<br />under the Lease, provided however, that Excepted Rights and Excepted Payments,
<br />as defined in the Assignment of Lease and Rents dated the date hereof from
<br />Borrower to Lender (the "Assi ent") are not assigned to Lender;
<br />(f) all right, title and interest of Borrower in and to any insurance policies covering
<br />the Mortgaged Property or the Lease, including, without limitation, all proceeds
<br />thereof and any unearned premiums on any insurance policies covering the
<br />Mortgaged Property, including, without limitation, the right to receive and apply
<br />.the proceeds of any insurance, judgments, or settlements made in lieu thereof, for
<br />damage to the Mortgaged Property or any part thereof, subject to and in
<br />accordance with tl~e terms and conditions of the Lease;
<br />(g) subject to the terms and provisions of this Security Instrument, the right, in the
<br />name and on behalf of Borrower, to appear in and defend any action or
<br />proceeding brought with respect to the Mortgaged Property and to commence any
<br />action or proceeding to protect the interest of Lender in the Mortgaged Property
<br />or any part thereof;
<br />(h) all franchises, trade names, trademarks, symbols, service marks, books, retards,
<br />plans and specifications, contracts, licenses, approvals, consents, subcontracts,
<br />service contracts, management contracts, permits and other agreements of any
<br />nature whatsoever now or hereafter obtained or entered into by Borrower, or any
<br />managing agent of the Mortgaged Property on behalf of Borrower, with respect to
<br />the use, occupation, development, construction and/or operation of the Mortgaged
<br />Property or any part, thereof or the activities conducted thereon or therein, or
<br />otherwise pertaining to the Mortgaged Property or any part thereof (but excluding
<br />any such items now or hereafter obtained or entered into by Lessee if, and to the
<br />extent that, Borrower has no right, title or interest therein);
<br />(i) all accounts receivable, contract rights, interests, estate or other claims, both in
<br />law and in equity, which Borrower now has or may hereafter acquire in the
<br />Mortgaged Property or any part thereof, and all reserve accounts, accounts for the
<br />deposit, collection and/or disbursement of Rents and other accounts now or
<br />hereafter inexistence under any Loan Documents with respect to the Nate;
<br />(j) subject to the terms of the Assignment, all rights which Borrower now has or may
<br />hereafter acquire, to be indemnified and/or held harmless from any liability, loss,
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