TO THE LAND AND IMPROVEMENTS
FORMING PART
2
OF THE PROPERTY THAT IT IS DEEMED FIXTURES OR REAL PROPERTY UNDER THE LAW OF THE
PARTICULAR STATE IN WHICH THE EQUIPMENT 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, CLEANING, CALL AND SPRINKLER SYSTEMS, FIRE
EXTINGUISHING APPARATUSES AND EQUIPMENT, HEATING, VENTILATING, PLUMBING,
LAUNDRY, 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;
(G)
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 AS
HEREINAFTER DEFINED), 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 IS LOCATED (THE "UNIFORM COMMERCIAL CODE"), SUPERIOR IN LIEN TO THE
LIEN OF THIS MORTGAGE AND ALL PROCEEDS AND PRODUCTS OF THE ABOVE;
(H)
LEASES AND RENTS. ALL LEASES, SUBLEASES OR SUB-SUBLEASES,
LETTINGS, LICENSES, CONCESSIONS OR OTHER AGREEMENTS (WHETHER WRITTEN OR ORAL)
PURSUANT TO WHICH ANY PERSON IS GRANTED A POSSESSORY INTEREST IN, OR RIGHT TO
USE OR OCCUPY ALL OR ANY PORTION OF THE LAND AND THE IMPROVEMENTS, AND EVERY
MODIFICATION, AMENDMENT OR OTHER AGREEMENT RELATING TO SUCH LEASES, SUBLEASES,
SUB-SUBLEASES, OR OTHER AGREEMENTS ENTERED INTO IN CONNECTION WITH SUCH LEASES,
SUBLEASES, SUB-SUBLEASES, OR OTHER AGREEMENTS AND EVERY