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<br />remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession,
<br />claim and demand whatsoever at law, as well as in equity, of Grantor in and to the same;
<br />(Hereinafter the properties contained in Paragraphs 1 through 3 shall collectively be referred to as the "Premises");
<br />4. All existing leases of all or any portion of the Premises, together with any and all future leases hereinafter
<br />entered into by any lessor or lessee affecting all or any portion of the Premises, and all guaranties, amendments,
<br />extensions, modifications and renewals of such leases and any of them, all of which are hereinafter called the
<br />"Leases," and all rents, receipts, revenues, awards, income and profits (collectively referred to as "Rents") which
<br />may now or hereafter be or become due or owing under the Leases, and any of them, on account of the use of the
<br />Premises or otherwise arising out of or pertaining to the Premises.
<br />5. All furniture, fixtures, appliances, machinery, equipment, construction and building materials, and all
<br />personal property used in the maintenance or operation of the Premises and any replacements and proceeds and
<br />substitutions thereof, owned by Grantor and now located thereon, attached to, or hereafter acquired or located
<br />thereon or attached thereto, and all lighting, heating, cooking, ventilating, air conditioning, incinerating, sprinkling
<br />and plumbing systems and all pipes, wires, attached fixtures and apparatus forming a part of or used in connection
<br />therewith, and all cooking appliances, cabinets, windows, doors and all wall to wall carpeting located thereon;
<br />6. All judgments, awards of damages and settlements hereafter made resulting from condemnation
<br />proceedings or the taking of the Premises or any part thereof under the power of eminent domain, or for any damage
<br />(whether caused by such taking or otherwise) to the Premises or the improvements thereon or any part thereof, or to
<br />any rights appurtenant thereto, including any award for change of grade or streets;
<br />7. All inventory, contract rights, cash (including the "Funds," as such term is defined in Section 1.3 hereof),
<br />proceeds, accounts receivable, insurance proceeds, deposit and other accounts, logos, trademarks, and all trade name
<br />agreements, and all replacements and proceeds relating thereto now owned or hereafter acquired by Grantor, in each
<br />case in connection with the Premises, including but not limited to all revenues and credit card receipts collected
<br />from guest rooms, meeting rooms, recreational facilities, all receivables, customer obligations, installment payment
<br />obligations, deposits securing reservations, license, lease and concession fees and vending machine sales.
<br />8. All documents, instruments, chattel paper, claims, deposits and general intangibles, as the foregoing terms
<br />are defined in the Uniform Commercial Code, and all contract rights, franchises, property management agreements,
<br />books, records, plans, specifications, permits, franchise agreements, licenses, approvals, actions and telephone
<br />numbers, which now or hereafter relate to, are derived from or used in connection with the Premises or in the use,
<br />operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon.
<br />9. All contracts and general intangibles relating to construction of improvements at the Premises, including
<br />without limitation any and all construction contracts, architect contracts, and plans and specifications created
<br />thereunder, development contracts, payment and/or performance bonds, and claims for defective materials or
<br />workmanship, including any judgments and awards arising from such claims.
<br />(Hereinafter the items set forth in Paragraphs 5, 6, 7, 8, and 9 shall collectively be referred to as the "Collateral.")
<br />TO HAVE AND TO HOLD
<br /> the Premises and Collateral, and all other properties hereinabove granted to
<br />Beneficiary, its successors and assigns, to its own proper use and benefit forever, subject however to the terms and
<br />conditions herein.
<br />PROVIDED, HOWEVER
<br />, that these presents are upon the condition that, if Grantor shall pay or cause to be paid
<br />to Beneficiary the principal, interest and other charges provided in the Note and this Deed of Trust and the other
<br />Loan Documents, at the times and in the manner stipulated therein and herein, all without any deduction or credit for
<br />taxes or other similar charges paid by Grantor, and shall keep, perform and observe all the covenants and promises
<br />in the Note and in this Deed of Trust expressed and the other Loan Documents to be kept, performed and observed,
<br />then the foregoing conveyance and transfer of the Premises and the Collateral shall cease, determine and be void but
<br />shall otherwise remain in full force and effect.
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