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<br /> °� �.0498 F11e No. 95B � _
<br /> - � 98— ic:iol8
<br /> � :;.:
<br /> B. Any and all buildinga and improvementa now or hereafter
<br /> t� erected an the Property, including, but not limited to, the fixtureA, �•_=_.
<br /> �r.,�_.
<br /> attachmenta, appliances, equipment, machinery, and other articlee attached
<br /> ,• 'i�`� to such buildings and improvemente (the "Improvements") J 6.�;�-
<br /> _ ��� � �:.'�.
<br /> II. Truetor further granta Beneficiary a security intereat in the �,�;"
<br /> ���� following (tlie "Peraonal Property") : --
<br /> " A. All righC, title and interest of Truator in and to all
<br /> , tangible personal property now owned er hereafter acquired by Trustor and �`
<br /> now or at any time hereafter located on or at the Property or used in
<br /> �• connection therewith, including, but not limited to: all building
<br /> materiala stored on the Property, goods, machinery, toola, equipment
<br /> ,+ (including fire sprinklers and alarm systeme, air conditioning, heating
<br /> and refrigerating aquipment, ec,�uipment for electronic monitoring,
<br /> ' enL-ertainment, recreation, window or atructural cleaning, maintenance, T
<br /> exclusion of vermin or inaecta, removal of dust, refuse or garbaga, all
<br /> � �. kitchen equipment, and all other equipment of every kind) , other than auch
<br /> :� property owned by tenanto of Trustorj __
<br /> . 't:�;�
<br /> '� B, All of Truetor's interest in all existing and future accounta,
<br /> ' con�ract rights, general intangibles, files, books of account, agreements,
<br /> . psrmit.s, licenaes and certi£icatee necessary ar deairable in connection
<br />_ , with the acquiaition, ownership, leasing, construction, �peration,
<br /> , aervicing or management of the Mortgaged Property (as defined below� ,
<br />- ' • . whether now existing or entered into or obtained after the date hereofJ
<br /> --- a1Z exi�t±ng end f��*_ure nAmee rnAer or by which the Mortga3ed Property, or
<br />-_ .. . any portion thereof, may at any time be operated or known1 all righte to
<br /> ;�.' . � carry on bueinese under any auch names or any variant thereof, and all
<br />_- " , exiating and future telephone numbere and liatings, adverti�ing and mar-
<br />�': r'�" ' keting materiala, trademarks and good will in any way relating to the
<br />'�•..�. M�rtgaged Property, or any postion thereof; and
<br /> •,�:-
<br /> x;..:.;
<br />- '� `s'�3' C. A].1 the estate, interest, right, title, other claim or demand,
<br />�,a., . j including claims or demands with reapect to the proceeds of insurance in
<br />- �. effect with respect thereto, which Trustor now has or may hereafter
<br />'.. • acquire in the Mortgaged Property, and any and all awards tnade for the
<br /> taking by eminent domain, or by any proceeding or purchase in lisu
<br /> ° - thereof, of the whole or any part of the Mortgaged Property, including,
<br /> _ _
<br /> without limitation, any awarda reaulting from a change of grade of atreets
<br /> :' r and awarda for severance damagea; and Truetor hereby authorizes, directs
<br /> and empowera Beneficiary, at its option, on Trustor�s behalf, or on behalf -
<br /> of the euccesaora or assigns of Truatar, to ad�uat, compromise, claim,
<br /> callect and receive such proceeda and to give proper receipts and
<br /> p acquittancea therefor.
<br /> ' � The foregoing items o£ Real Property and Personal Property are hereinafter
<br />� e called the "Mortgaged Property."
<br /> PROVIDED, HOWEVER, that these presents are upon the condition that, if Che
<br /> .," obligations secured hereby ahall be paid when due, and if the Trustor ahal'1 keep, —
<br /> �• perform and obsarve all and singular the obligations, covenante, agreementa and _.
<br /> Q=
<br /> provisiona in this Deed of Truet e�cpressed to be kept, performed by and obaerved -_
<br /> by or on the part of the Truatcr, then the Trustee, its auccessora and aesigna,
<br /> ehall reconvey and releaae the Mortgaged Property.
<br /> ' THIS DEED OF 'TRUST SHALL SECURS THE FOLIAWING INDEBTEDNESS AND OBLIC3ATIONS:
<br /> (i) Payment of indebtednese evidenced by certain Promisaory Notes I
<br /> dated February , 1996 (collectively, the "Pzomiasory Note") ,
<br /> ,...�.,.,,� 1.,.. •r�.•��otnr in favnr nf Rancafic�iarv lIl the pY1riC�pol amounts Of
<br /> $8,500,000l00 and $285,000.00, bearing interest and being payable as
<br /> provided therein, according to iCs terms, scheduled to mature May 1, 2009,
<br /> and all extensions, renewals and modifications thereof;
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