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 MORTGAGOR SHALL HAVE ANY RIGHT OR
INTEREST THEREIN;
-3-
(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 MORTGAGOR 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 MORTGAGOR 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 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 AND OTHER AGREEMENTS AFFECTING THE USE,
ENJOYMENT OR OCCUPANCY OF THE LAND AND THE IMPROVEMENTS HERETOFORE OR HEREAFTER
ENTERED INTO, WHETHER BEFORE OR AFTER THE FILING BY OR AGAINST MORTGAGOR OF ANY
PETITION FOR RELIEF UNDER 11 U.S.C. §101 ET SEQ., AS THE SAME MAY BE AMENDED
FROM TIME TO TIME (THE "BANKRUPTCY CODE") (COLLECTIVELY, THE "LEASES") AND ALL
RIGHT, TITLE AND INTEREST OF MORTGAGOR, ITS SUCCESSORS AND ASSIGNS THEREIN AND
THEREUNDER, INCLUDING, WITHOUT LIMITATION, CASH OR SECURITIES DEPOSITED
THEREUNDER TO SECURE THE PERFORMANCE BY THE TENANTS OF THEIR OBLIGATIONS
THEREUNDER AND ALL RENTS, ADDITIONAL RENTS, REVENUES, ISSUES AND PROFITS
(INCLUDING ALL OIL AND GAS OR OTHER MINERAL ROYALTIES AND BONUSES) FROM THE LAND
AND THE IMPROVEMENTS WHETHER PAID OR ACCRUING BEFORE OR AFTER THE FILING BY OR
AGAINST MORTGAGOR OF ANY PETITION FOR RELIEF UNDER THE BANKRUPTCY CODE
(COLLECTIVELY, THE "RENTS") AND ALL PROCEEDS FROM THE SALE OR OTHER DISPOSITION
OF THE LEASES AND THE RIGHT TO RECEIVE AND APPLY THE RENTS TO THE PAYMENT AND
PERFORMANCE OF THE OBLIGATIONS (AS HEREINAFTER DEFINED), INCLUDING THE PAYMENT
OF THE INDEBTEDNESS;
(I)
CONDEMNATION AWARDS.
SUBJECT TO SECTION 6.2 OF THE LOAN AGREEMENT, ALL
AWARDS OR PAYMENTS, INCLUDING INTEREST THEREON, WHICH MAY HERETOFORE AND
HEREAFTER BE MADE WITH RESPECT TO THE PROPERTY, WHETHER FROM THE EXERCISE OF THE
RIGHT OF EMINENT DOMAIN (INCLUDING BUT NOT LIMITED TO ANY TRANSFER MADE IN LIEU
OF OR IN ANTICIPATION OF THE EXERCISE OF THE RIGHT), OR FOR A CHANGE OF GRADE,
OR FOR ANY OTHER INJURY TO OR DECREASE IN THE VALUE OF THE PROPERTY;
(J)
INSURANCE PROCEEDS.
SUBJECT TO SECTION 6.2 OF THE LOAN AGREEMENT, ALL
PROCEEDS IN RESPECT OF THE PROPERTY UNDER ANY