SPACE, GUEST ROOMS OR OTHER SPACE, HALLS, STORES, AND OFFICES, AND
DEPOSITS SECURING RESERVATIONS OF SUCH SPACE), LICENSE, LEASE, SUBLEASE AND
CONCESSION FEES AND RENTALS, HEALTH CLUB MEMBERSHIP FEES, FOOD AND BEVERAGE
WHOLESALE AND RETAIL SALES, SERVICE CHARGES, VENDING MACHINE SALES AND PROCEEDS,
MOVIE RENTALS, TELEPHONE SERVICE, IF ANY, FROM BUSINESS INTERRUPTION OR OTHER
LOSS OF INCOME INSURANCE FROM THE LAND AND THE IMPROVEMENTS WHETHER PAID OR
ACCRUED 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 OF THE SECURED OBLIGATIONS;
(J)
CONDEMNATION AWARDS.
ALL AWARDS OR PAYMENTS,
INCLUDING INTEREST THEREON, WHICH MAY HERETOFORE AND HEREAFTER BE MADE WITH
RESPECT TO THE SUBJECT 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 SUBJECT PROPERTY;
(K)
INSURANCE PROCEEDS.
ALL PROCEEDS IN RESPECT OF THE
SUBJECT PROPERTY UNDER ANY INSURANCE POLICIES COVERING THE SUBJECT PROPERTY,
INCLUDING, WITHOUT LIMITATION, THE RIGHT TO RECEIVE AND APPLY THE PROCEEDS OF
ANY INSURANCE, JUDGMENTS, OR SETTLEMENTS MADE IN LIEU THEREOF, FOR DAMAGE TO THE
SUBJECT PROPERTY;
(L)
TAX CERTIORARI.
ALL REFUNDS, REBATES OR CREDITS
IN CONNECTION WITH REDUCTION IN REAL ESTATE TAXES AND ASSESSMENTS CHARGED
AGAINST THE SUBJECT PROPERTY AS A RESULT OF TAX CERTIORARI OR ANY APPLICATIONS
OR PROCEEDINGS FOR REDUCTION;
(M)
CONVERSION.
ALL PROCEEDS OF THE CONVERSION, VOLUNTARY
OR INVOLUNTARY, OF ANY OF THE FOREGOING INCLUDING, WITHOUT LIMITATION, PROCEEDS
OF INSURANCE AND CONDEMNATION AWARDS, INTO CASH OR LIQUIDATION CLAIMS;
(N)
RIGHTS.
THE RIGHT, IN THE NAME AND ON BEHALF OF
MORTGAGOR, TO APPEAR IN AND DEFEND ANY ACTION OR PROCEEDING BROUGHT WITH RESPECT
TO THE SUBJECT PROPERTY AND TO COMMENCE ANY ACTION OR PROCEEDING TO PROTECT THE
INTEREST OF MORTGAGEE IN THE SUBJECT PROPERTY;
(O)
AGREEMENTS.
ALL AGREEMENTS, CONTRACTS, CERTIFICATES,
INSTRUMENTS, FRANCHISES, PERMITS, LICENSES (INCLUDING, WITHOUT LIMITATION,
LIQUOR LICENSES, IF ANY, TO THE EXTENT PERMITTED BY APPLICABLE LAW), 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 LAND AND ANY PART THEREOF AND ANY
IMPROVEMENTS OR ANY BUSINESS OR ACTIVITY CONDUCTED ON THE LAND 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;
(P)
TRADEMARKS.
ALL TRADENAMES, TRADEMARKS, SERVICEMARKS
AND LOGOS THAT ARE USED EXCLUSIVELY IN CONNECTION WITH THE OPERATION OF THE
SUBJECT PROPERTY, WHICH IS INTENDED TO EXCLUDE FROM THE SUBJECT PROPERTY,
WITHOUT LIMITATION, ALL TRADENAMES, TRADEMARKS, SERVICEMARKS AND LOGOS
INCORPORATING THE WORDS KAPALUA, MAUI PINEAPPLE OR MAUI