CONVERSION, VOLUNTARY OR
INVOLUNTARY, OF ANY OF THE FOREGOING INCLUDING, WITHOUT LIMITATION, INSURANCE
PROCEEDS AND AWARDS, INTO CASH OR LIQUIDATION CLAIMS;
(M)
RIGHTS.
THE RIGHT, IN THE NAME AND ON BEHALF OF TRUSTOR, 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 BENEFICIARY IN
THE PROPERTY;
(N)
AGREEMENTS.
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
LAND AND ANY PART THEREOF OR ANY IMPROVEMENTS OR ANY BUSINESS OR ACTIVITY
CONDUCTED IN, AT OR ON THE LAND AND ANY PART THEREOF OR ANY IMPROVEMENTS AND ALL
RIGHT, TITLE AND INTEREST OF TRUSTOR THEREIN AND THEREUNDER, INCLUDING, WITHOUT
LIMITATION, THE RIGHT, UPON THE HAPPENING OF ANY DEFAULT HEREUNDER, TO RECEIVE
AND COLLECT ANY SUMS PAYABLE TO TRUSTOR THEREUNDER;
(O)
INTELLECTUAL PROPERTY.
ALL TRADEMARK COLLATERAL, COPYRIGHT
COLLATERAL, GOODWILL, BOOKS AND RECORDS AND ALL OTHER GENERAL INTANGIBLES
RELATING TO OR USED IN CONNECTION WITH THE OWNERSHIP, MANAGEMENT, OPERATION,
MAINTENANCE OR RENOVATION OF THE PROPERTY;
(P)
ACCOUNTS.
ALL RESERVES, ESCROWS, DEPOSIT ACCOUNTS AND SECURITIES
ACCOUNTS ESTABLISHED OR MAINTAINED WITH RESPECT TO THE PROPERTY, INCLUDING,
WITHOUT LIMITATION, THE LOCKBOX ACCOUNT, THE CASH MANAGEMENT ACCOUNT (AND ALL
SUB-ACCOUNTS THEREOF) AND THE RESERVE FUNDS AND ALL OTHER ACCOUNTS ESTABLISHED
OR MAINTAINED PURSUANT TO THE LOAN AGREEMENT
4
(COLLECTIVELY, "ACCOUNTS"); TOGETHER WITH ALL DEPOSITS OR WIRE TRANSFERS MADE OR
CREDITED TO SUCH ACCOUNTS AND ALL CASH, CHECKS, DRAFTS, CERTIFICATES,
SECURITIES, SECURITIES ENTITLEMENTS, INVESTMENT PROPERTY, FINANCIAL ASSETS,
INSTRUMENTS AND OTHER PROPERTY HELD THEREIN OR CREDITED THERETO FROM TIME TO
TIME AND ALL PROCEEDS, PRODUCTS, DISTRIBUTIONS OR DIVIDENDS OR SUBSTITUTIONS
THEREON AND THEREOF;
(Q)
INTEREST RATE CAP AGREEMENT.
THE INTEREST RATE CAP AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, ALL "ACCOUNTS", "CHATTEL PAPER", "GENERAL
INTANGIBLES" AND "INVESTMENT PROPERTY" (AS SUCH TERMS ARE DEFINED IN THE UNIFORM
COMMERCIAL CODE) CONSTITUTING OR RELATING TO THE FOREGOING; AND ALL PRODUCTS AND
PROCEEDS OF ANY OF THE FOREGOING; AND
(R)
OTHER RIGHTS.
ANY AND ALL OTHER RIGHTS OF TRUSTOR IN AND TO THE
ITEMS SET FORTH IN PARAGRAPHS (A) THROUGH (Q) ABOVE.
AND without limiting any of the other provisions of this Security Instrument,
Trustor hereby expressly grants to Beneficiary, 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 Land (the Land, the Improvements and the Fixtures
collectively referred to as the "Real Property") appropriated to the use thereof
and, whether affixed or annexed to the Real Property or not, shall for the
purposes of this Security Instrument be deemed conclusively to be real estate
and mortgaged hereby.
SECTION 1.2.
ASSIGNMENT OF RENTS.
TRUSTOR HEREBY ABSOLUTELY AND
UNCONDITIONALLY ASSIGNS