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201007174
<br />of way, easements, privileges and appurtenances relating or appertaining to such real estate and
<br />all water and water rights, sewer and sewer rights, ditches and ditch rights, minerals, ail and gas
<br />rights, royalties, lease or leasehold interests owned by such Grantor, now or hereafter used in
<br />connection with or appurtenant to or related to such real estate, and all interests of such Grantor
<br />now owned or hereafter acquired in and to streets, roads, alleys and public places, now or
<br />hereafter used in connection with such real estate, and all existing or fiiture licenses, contracts,
<br />permits and agreements required or used in connection with the ownership, operation or
<br />maintenance of such real estate, and any and all insurance proceeds, and any and all awards,
<br />including interest, previously or hereafter made to such Grantor for taking by eminent domain or
<br />in lieu thereof (collectively, the "Land"); and
<br />(b) All buildings and improvements of every kind and description now ar hereafter
<br />erected or placed on the Land (the "Tm~rovements") and all materials intended for construction,
<br />reconstruction, alteration and repair of such Improvements now or hereafter erected thereon, all
<br />of which materials shall be deeaned to be included within the Premises (as hereinafter defined)
<br />immediately upon the delivery thereof to the Land, and all fixtures and articles of personal
<br />property now or hereafter owned by such Grantor and attached to ar contained in and used in
<br />connection with the Land and Improvements including, but not limited to, all furniture,
<br />furnishings, apparatus, machinery, equipment, motors, elevators, supplies, fittings, radiators,
<br />ranges, refrigerators, awnings, shades, screens, blinds, carpeting, office equipment and other
<br />furnishings and all plumbing, heating, lighting, cooking, laundry, ventilating, refrigerating,
<br />incinerating, air conditioning and sprinkler equipment and fixtures and appurtenances thereto and
<br />all renewals or replacements thereof or articles in substitution thereof, whether or not the same
<br />are or shall be attached to the Land and Improvements in any manner (the "Tan ible
<br />Personalty") and all proceeds of the Tangible Personalty (hereinafter, the Land, T;<nprovements,
<br />Tangible Personalty and all other property and interests described above, together with all
<br />proceeds thereof, being collectively referred to as the "Premises").
<br />TO HAVE AND HOLD the same, together with all privileges, hereditarnents, easements
<br />and appurtenances thereunto belonging, to the Trustee, for the benefit of the Agent, as security
<br />for the Secured Obligations (as defined below).
<br />As additional security for the Secured Obligations, each Grantor hereby transfers and
<br />assigns to the Agent and grants to the Agent a security interest under the Uniform Commercial
<br />Code (as defined herein) in all right, title and interest of such Grantor in and to all of the
<br />following:
<br />(1) All security deposits, rents, issues, profits and revenues of the Premises from time
<br />to time accruing (the "Rents an Profits") and all existing and future leases, subleases, licenses
<br />and other agreements for the use and occupancy of all or part of the Premises, together with all
<br />guarantees of the lessee's obligations thereunder (collectively, the "Leases"), whether oral or
<br />written, for a definite term or month-to-month. This assignment shall extend to and cover any
<br />and all extensions and renewals and future Leases and to any and all present and future rights
<br />against guarantor(s) of any such obligations and to any and all Rents and Profits collected under
<br />the Leases or derived from the Premises. In pursuance of this assignment, and not in lieu hereof,
<br />such Grantor shall, upon request from the Agent, execute and deliver to the Agent separate
<br />CHARI\l 182503v1
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