EQUIPMENT, FURNISHINGS, AND ELECTRONIC DATA-PROCESSING AND OTHER
OFFICE EQUIPMENT NOW OWNED OR HEREAFTER ACQUIRED BY BORROWER AND USED AT THE
IMPROVEMENTS OR THE LAND AND ANY AND ALL ADDITIONS, SUBSTITUTIONS AND
REPLACEMENTS OF ANY OF THE FOREGOING), TOGETHER WITH ALL ATTACHMENTS,
COMPONENTS, PARTS, EQUIPMENT AND ACCESSORIES INSTALLED THEREON OR AFFIXED
THERETO (COLLECTIVELY, THE "EQUIPMENT").
NOTWITHSTANDING THE FOREGOING,
EQUIPMENT SHALL NOT INCLUDE ANY PROPERTY BELONGING TO TENANTS UNDER LEASES
EXCEPT TO THE EXTENT THAT BORROWER SHALL HAVE ANY RIGHT OR INTEREST THEREIN;
(I)
FIXTURES.
ALL EQUIPMENT NOW OWNED, OR THE OWNERSHIP OF WHICH IS
HEREAFTER ACQUIRED, BY BORROWER WHICH IS SO RELATED TO THE LAND AND IMPROVEMENTS
3
FORMING PART OF THE PROPERTY THAT IT IS DEEMED FIXTURES OR REAL PROPERTY UNDER
THE LAW OF THE PARTICULAR STATE IN WHICH THE LAND IS LOCATED, INCLUDING, WITHOUT
LIMITATION, ALL BUILDING OR CONSTRUCTION MATERIALS INTENDED FOR CONSTRUCTION,
RECONSTRUCTION, ALTERATION OR REPAIR OF OR INSTALLATION ON THE PROPERTY,
CONSTRUCTION EQUIPMENT, APPLIANCES, MACHINERY, PLANT EQUIPMENT, FITTINGS,
APPARATUSES, FIXTURES AND OTHER ITEMS NOW OR HEREAFTER ATTACHED TO, INSTALLED IN
OR USED IN CONNECTION WITH (TEMPORARILY OR PERMANENTLY) ANY OF THE IMPROVEMENTS
OR THE LAND, INCLUDING, BUT NOT LIMITED TO, ENGINES, DEVICES FOR THE OPERATION
OF PUMPS, PIPES, PLUMBING, CALL AND SPRINKLER SYSTEMS, FIRE EXTINGUISHING
APPARATUSES AND EQUIPMENT, HEATING, VENTILATING, INCINERATING, ELECTRICAL, AIR
CONDITIONING AND AIR COOLING EQUIPMENT AND SYSTEMS, GAS AND ELECTRIC MACHINERY,
APPURTENANCES AND EQUIPMENT, POLLUTION CONTROL EQUIPMENT, SECURITY SYSTEMS,
DISPOSALS, DISHWASHERS, REFRIGERATORS AND RANGES, RECREATIONAL EQUIPMENT AND
FACILITIES OF ALL KINDS, AND WATER, GAS, ELECTRICAL, STORM AND SANITARY SEWER
FACILITIES, UTILITY LINES AND EQUIPMENT (WHETHER OWNED INDIVIDUALLY OR JOINTLY
WITH OTHERS, AND, IF OWNED JOINTLY, TO THE EXTENT OF BORROWER'S INTEREST
THEREIN) AND ALL OTHER UTILITIES WHETHER OR NOT SITUATED IN EASEMENTS, ALL WATER
TANKS, WATER SUPPLY, WATER POWER SITES, FUEL STATIONS, FUEL TANKS, FUEL SUPPLY,
AND ALL OTHER STRUCTURES, TOGETHER WITH ALL ACCESSIONS, APPURTENANCES,
ADDITIONS, REPLACEMENTS, BETTERMENTS AND SUBSTITUTIONS FOR ANY OF THE FOREGOING
AND THE PROCEEDS THEREOF (COLLECTIVELY, THE "FIXTURES").
NOTWITHSTANDING THE
FOREGOING, "FIXTURES" SHALL NOT INCLUDE ANY PROPERTY WHICH TENANTS ARE ENTITLED
TO REMOVE PURSUANT TO LEASES EXCEPT TO THE EXTENT THAT BORROWER SHALL HAVE ANY
RIGHT OR INTEREST THEREIN;
(J)
PERSONAL PROPERTY.
ALL FURNITURE, FURNISHINGS, OBJECTS OF ART,
MACHINERY, GOODS, TOOLS, SUPPLIES, APPLIANCES, GENERAL INTANGIBLES, CONTRACT
RIGHTS, ACCOUNTS, ACCOUNTS RECEIVABLE, FRANCHISES, LICENSES, CERTIFICATES AND
PERMITS, AND ALL OTHER PERSONAL PROPERTY OF ANY KIND OR CHARACTER WHATSOEVER AS
DEFINED IN AND SUBJECT TO THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE, WHETHER
TANGIBLE OR INTANGIBLE, OTHER THAN FIXTURES, WHICH ARE NOW OR HEREAFTER OWNED BY
BORROWER AND WHICH ARE LOCATED WITHIN OR ABOUT THE LAND AND THE IMPROVEMENTS,
TOGETHER WITH ALL ACCESSORIES, REPLACEMENTS AND SUBSTITUTIONS THERETO OR
THEREFOR AND THE PROCEEDS THEREOF (COLLECTIVELY, THE "PERSONAL PROPERTY"), AND
THE RIGHT, TITLE AND INTEREST OF BORROWER IN AND TO ANY OF THE PERSONAL PROPERTY
WHICH MAY BE SUBJECT TO ANY SECURITY INTERESTS, AS DEFINED IN THE UNIFORM
COMMERCIAL CODE, AS ADOPTED AND ENACTED BY THE STATE OR STATES WHERE ANY OF THE
PROPERTY