NAME AND ON BEHALF OF MORTGAGOR,
TO APPEAR IN AND DEFEND ANY ACTION OR PROCEEDING BROUGHT WITH RESPECT TO THE
PROPERTY AND TO COMMENCE ANY ACTION OR PROCEEDING TO PROTECT THE INTEREST OF
MORTGAGEE IN THE PROPERTY;
(M)
AGREEMENTS.
TO THE EXTENT THE SAME MAY BE ENCUMBERED OR
ASSIGNED BY MORTGAGOR PURSUANT TO THE TERMS THEREOF WITHOUT OCCURRENCE OF A
BREACH OR DEFAULT THEREUNDER, AND WITHOUT IMPAIRMENT OF THE VALIDITY OR
ENFORCEABILITY THEREOF, ALL AGREEMENTS, CONTRACTS, CERTIFICATES, INSTRUMENTS,
FRANCHISES, PERMITS, LICENSES, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS, NOW OR
HEREAFTER ENTERED INTO, AND ALL RIGHTS THEREIN AND THERETO, RESPECTING OR
PERTAINING TO THE USE, OCCUPATION, CONSTRUCTION, MANAGEMENT OR OPERATION OF THE
OFFICE UNITS AND ANY PART THEREOF AND ANY IMPROVEMENTS OR RESPECTING ANY
BUSINESS OR ACTIVITY CONDUCTED ON THE OFFICE UNITS AND ANY PART THEREOF AND ALL
RIGHT, TITLE AND INTEREST OF MORTGAGOR THEREIN AND THEREUNDER, INCLUDING,
WITHOUT LIMITATION, THE RIGHT, UPON THE HAPPENING OF ANY DEFAULT HEREUNDER, TO
RECEIVE AND COLLECT ANY SUMS PAYABLE TO MORTGAGOR THEREUNDER;
(N)
INTELLECTUAL PROPERTY.
ALL TRADENAMES, TRADEMARKS,
SERVICEMARKS, LOGOS, COPYRIGHTS, GOODWILL, BOOKS AND RECORDS AND ALL OTHER
GENERAL INTANGIBLES RELATING TO OR USED IN CONNECTION WITH THE OPERATION OF THE
PROPERTY;
4
(O)
ACCOUNTS.
(I) ALL ACCOUNTS RECEIVABLE AND (II) THE CLEARING
ACCOUNT, THE DEPOSIT ACCOUNT AND THE CASH MANAGEMENT ACCOUNTS AND ALL OTHER
RESERVES, ESCROWS AND DEPOSIT ACCOUNTS MAINTAINED BY MORTGAGOR WITH RESPECT TO
THE PROPERTY AS REQUIRED PURSUANT TO THE TERMS OF THE LOAN DOCUMENTS, TOGETHER
WITH ALL DEPOSITS OR WIRE TRANSFERS MADE TO SUCH ACCOUNTS, AND ALL CASH, CHECKS,
DRAFTS, CERTIFICATES, SECURITIES, INVESTMENT PROPERTY, FINANCIAL ASSETS,
INSTRUMENTS AND OTHER PROPERTY HELD THEREIN FROM TIME TO TIME, AND ALL PROCEEDS,
PRODUCTS, DISTRIBUTIONS, DIVIDENDS AND/OR SUBSTITUTIONS THEREON AND THEREOF;
(P)
UNIFORM COMMERCIAL CODE PROPERTY.
ALL DOCUMENTS, INSTRUMENTS,
CHATTEL PAPER AND INTANGIBLES, AS THE FOREGOING TERMS ARE DEFINED IN THE UNIFORM
COMMERCIAL CODE, AND GENERAL INTANGIBLES RELATING TO THE PROPERTY;
(Q)
PROCEEDS.
SUBJECT TO THE TERMS OF THE LOAN AGREEMENT, ALL
PROCEEDS OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, PROCEEDS OF
INSURANCE AND CONDEMNATION AWARDS, WHETHER IN CASH OR IN LIQUIDATION OR OTHER
CLAIMS, OR OTHERWISE; AND
(R)
OTHER RIGHTS.
ANY AND ALL OTHER RIGHTS OF MORTGAGOR IN AND
TO THE ITEMS SET FORTH IN SUBSECTIONS (A) THROUGH (R) ABOVE.
AND, without limiting any of the other provisions of this Mortgage, to the
extent permitted by applicable law, Mortgagor expressly grants to Mortgagee, as
secured party, a security interest in the portion of the Property which is or
may be subject to the provisions of the Uniform Commercial Code which are
applicable to secured transactions; it being understood and agreed that the
Improvements and Fixtures are part and parcel of the Office Units (the Office
Units, the Improvements and the Fixtures collectively referred to as the "Real
Property") appropriated to the use thereof and, whether affixed or annexed to
the Office Units or not, shall for the purposes of this Mortgage be deemed
conclusively to be real estate and mortgaged hereby.
SECTION