and the Improvements.
TOGETHER WITH:
all right, title, interest and estate of Borrower now owned, or
hereafter acquired, in and to the following property, rights, interests and
estates (the Premises, the Improvements, and the property, rights, interests and
estates hereinafter described are collectively referred to herein as the
"Property"):
(A)
ALL EASEMENTS, RIGHTS-OF-WAY, STRIPS AND GORES OF LAND, STREETS,
WAYS, ALLEYS, PASSAGES, SEWER RIGHTS, WATER, WATER COURSES, WATER RIGHTS AND
POWERS, AIR RIGHTS AND DEVELOPMENT RIGHTS, RIGHTS TO OIL, GAS, MINERALS, COAL
AND OTHER SUBSTANCES OF ANY KIND OR CHARACTER, AND ALL ESTATES, RIGHTS, TITLES,
INTERESTS, PRIVILEGES, LIBERTIES, TENEMENTS, HEREDITAMENTS AND APPURTENANCES
OF ANY NATURE WHATSOEVER, IN ANY WAY BELONGING, RELATING OR PERTAINING TO THE
PREMISES AND THE IMPROVEMENTS; AND THE REVERSION AND REVERSIONS, REMAINDER AND
REMAINDERS, AND ALL LAND LYING IN THE BED OF ANY STREET, ROAD, HIGHWAY, ALLEY OR
AVENUE, OPENED, VACATED OR PROPOSED, IN FRONT OF OR ADJOINING THE PREMISES, TO
THE CENTER LINE THEREOF; AND ALL THE ESTATES, RIGHTS, TITLES, INTERESTS, DOWER
AND RIGHTS OF DOWER, CURTESY AND RIGHTS OF CURTESY, PROPERTY, POSSESSION, CLAIM
AND DEMAND WHATSOEVER, BOTH AT LAW AND IN EQUITY, OF BORROWER OF, IN AND TO THE
PREMISES AND THE IMPROVEMENTS; AND EVERY PART AND PARCEL THEREOF, WITH THE
APPURTENANCES THERETO;
(B)
ALL MACHINERY, FURNITURE, FURNISHINGS, EQUIPMENT, COMPUTER
SOFTWARE AND HARDWARE, FIXTURES (INCLUDING ALL HEATING, AIR CONDITIONING,
PLUMBING, LIGHTING, COMMUNICATIONS AND ELEVATOR FIXTURES), INVENTORY, MATERIALS,
SUPPLIES AND OTHER ARTICLES OF PERSONAL PROPERTY AND ACCESSIONS THEREOF,
RENEWALS AND REPLACEMENTS THEREOF AND SUBSTITUTIONS THEREFOR, AND OTHER PROPERTY
OF EVERY KIND AND NATURE, TANGIBLE OR INTANGIBLE, OWNED BY BORROWER, OR IN WHICH
BORROWER HAS OR SHALL HAVE AN INTEREST, NOW OR HEREAFTER LOCATED UPON THE
PREMISES OR THE IMPROVEMENTS, OR APPURTENANT THERETO, AND USABLE IN CONNECTION
WITH THE PRESENT OR FUTURE OPERATION AND OCCUPANCY OF THE PREMISES AND THE
IMPROVEMENTS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "EQUIPMENT"),
INCLUDING ANY LEASES OF, DEPOSITS IN CONNECTION WITH, AND PROCEEDS OF ANY SALE
OR TRANSFER OF ANY OF THE FOREGOING, AND THE RIGHT, TITLE AND INTEREST OF
BORROWER IN AND TO ANY OF THE EQUIPMENT THAT MAY BE SUBJECT TO ANY "SECURITY
INTEREST" AS DEFINED IN THE UNIFORM COMMERCIAL CODE, AS IN EFFECT IN THE STATE
WHERE THE PROPERTY IS LOCATED (THE "UCC"), SUPERIOR IN LIEN TO THE LIEN OF THIS
MORTGAGE;
(C)
ALL AWARDS OR PAYMENTS, INCLUDING INTEREST THEREON, THAT MAY
HERETOFORE OR HEREAFTER BE MADE WITH RESPECT TO THE PREMISES OR THE
IMPROVEMENTS, WHETHER FROM THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN OR
CONDEMNATION (INCLUDING ANY TRANSFER MADE IN LIEU OF OR IN ANTICIPATION OF THE
EXERCISE OF SUCH RIGHT), OR FOR A CHANGE OF GRADE, OR FOR ANY OTHER INJURY TO OR
DECREASE IN THE VALUE OF THE PREMISES OR IMPROVEMENTS;
(D)
ALL LEASES AND OTHER AGREEMENTS OR ARRANGEMENTS HERETOFORE OR
HEREAFTER ENTERED INTO PROVIDING FOR THE USE, ENJOYMENT OR OCCUPANCY OF, OR THE
CONDUCT OF ANY ACTIVITY UPON OR IN, THE PREMISES OR THE IMPROVEMENTS, INCLUDING
ANY EXTENSIONS, RENEWALS, MODIFICATIONS OR AMENDMENTS THEREOF