supplemented or otherwise modified from time to time, the
"Assignment of Leases"), including the rights, remedies, obligations, covenants,
conditions, agreements, indemnities, representations and warranties of the
parties therein, are hereby incorporated by reference herein as though set forth
in full and shall be considered a part of this Mortgage.
D.
NOW THEREFORE, in consideration of the making of the Loan by Mortgagee
and the covenants, agreements, representations and warranties set forth in this
Mortgage:
ARTICLE I.
GRANTS OF SECURITY
SECTION 1.01
PROPERTY MORTGAGED.
MORTGAGOR DOES HEREBY IRREVOCABLY
MORTGAGE, GRANT, BARGAIN, SELL, PLEDGE, ASSIGN, WARRANT, TRANSFER AND CONVEY TO
MORTGAGEE AND ITS SUCCESSORS AND ASSIGNS, WITH POWER OF SALE, ALL RIGHT, TITLE,
INTEREST AND ESTATE OF MORTGAGOR NOW OWNED, OR HEREAFTER ACQUIRED, IN AND TO THE
FOLLOWING (COLLECTIVELY, THE "PROPERTY"):
(A)
OFFICE UNITS.
THE REAL PROPERTY DESCRIBED IN EXHIBIT A
ATTACHED HERETO AND MADE A PART HEREOF (THE "OFFICE UNITS"), INCLUDING, BUT NOT
LIMITED TO, THE UNIT OR UNITS (COLLECTIVELY, THE "UNIT") IN THE CONDOMINIUM (THE
"CONDOMINIUM") ESTABLISHED PURSUANT TO THE INSTRUMENTS MORE PARTICULARLY
DESCRIBED ON EXHIBIT A, TOGETHER WITH THE INTEREST OF THE OWNER OF THE UNIT IN
THE COMMON AREAS OR ELEMENTS OF THE CONDOMINIUM (INCLUDING WITHOUT LIMITATION,
ALL COMMON ELEMENTS AND APPURTENANT INTERESTS RELATED THERETO), ALL AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY
THIS REFERENCE;
(B)
ADDITIONAL PROPERTY.
ALL ADDITIONAL LANDS, ESTATES AND
DEVELOPMENT RIGHTS HEREAFTER ACQUIRED BY MORTGAGOR FOR USE IN CONNECTION WITH
THE OFFICE UNITS AND THE DEVELOPMENT OF THE OFFICE UNITS AND ALL ADDITIONAL
LANDS AND ESTATES THEREIN WHICH MAY, FROM TIME TO TIME, BY SUPPLEMENTAL MORTGAGE
OR OTHERWISE BE EXPRESSLY MADE SUBJECT TO THE LIEN OF THIS MORTGAGE;
(C)
IMPROVEMENTS.
THE BUILDINGS, STRUCTURES, FIXTURES,
ADDITIONS, ENLARGEMENTS, EXTENSIONS, MODIFICATIONS, REPAIRS, REPLACEMENTS AND
IMPROVEMENTS NOW OR HEREAFTER ERECTED OR LOCATED ON THE OFFICE UNITS
(COLLECTIVELY, THE "IMPROVEMENTS");
(D)
EASEMENTS.
ALL EASEMENTS, RIGHTS‐OF‐WAY OR USE, RIGHTS,
STRIPS AND GORES OF LAND, STREETS, WAYS, ALLEYS, PASSAGES, SEWER RIGHTS, WATER,
WATER COURSES, WATER RIGHTS AND POWERS, AIR RIGHTS AND DEVELOPMENT RIGHTS, AND
ALL ESTATES, RIGHTS, TITLES, INTERESTS, PRIVILEGES, LIBERTIES, SERVITUDES,
TENEMENTS, HEREDITAMENTS AND APPURTENANCES OF ANY NATURE WHATSOEVER, IN ANY WAY
NOW OR HEREAFTER BELONGING, RELATING OR PERTAINING TO THE OFFICE UNITS AND THE
IMPROVEMENTS AND THE REVERSION AND REVERSIONS, REMAINDER AND REMAINDERS, AND ALL
LAND LYING IN THE BED OF ANY STREET, ROAD OR AVENUE, OPENED OR PROPOSED, IN
FRONT OF OR ADJOINING THE OFFICE UNITS, 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 MORTGAGOR OF, IN AND TO THE OFFICE UNITS AND THE
IMPROVEMENTS AND EVERY PART AND PARCEL THEREOF, WITH THE APPURTENANCES THERETO;
(E)
EQUIPMENT.
ALL "EQUIPMENT," AS SUCH TERM IS DEFINED IN
ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE (AS HEREINAFTER DEFINED), NOW OWNED OR
HEREAFTER ACQUIRED BY MORTGAGOR, WHICH IS USED AT OR IN CONNECTION WITH THE
IMPROVEMENTS OR THE