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HomeMy WebLinkAbout21El evidence or secure the payment of the Indebtedness or the performance of the Obligations, and (5) all modifications, restatements, extensions, renewals and replacements of the foregoing. Mortganed Propyfyy": All right, tide and interest of Grantor in and to (1) the real property described in EXhlbltA together with any greater estate therein as hereafter may be acquired by Grantor (the "La""), (2) all buildings, structures and other improvements, now or at any time situated, placed or constructed upon the Land (the "lrnne0vsment1"), (3) all materials, supplies, equipment, apparatus and other items of personal property now owned or hereafter acquired by Grantor and now or hereafter attached to, installed in or used in connection with any of the Improvements or the Land and water, gas, electrical, storm and sanitary sewer facilities and all other utilities whether or not situated in easements (the "Fixtures"), (4) all right, title and 0? interest of Grantor in and to all goods, accounts, general intangibles, instruments, documents, chattel paper and all other personal property of any kind or character, including such items of personal property as defined in the UCC, now owned or 0 hereafter acquired by Grantor and now or hereafter affixed to, placed upon, used in connection with, arsiag from or otherwise related to the Land and Improvements or X which may be used in or relating to the punning, development, financing or operation M afthe Mortgaged Property, including, without limitation, furniture, furnishings, equipment, machinery, money, insurance proceeds, accounts, contract rights, trademarks, goodwill, chattel paper, documents, trade names, licenses and/or franchise agreements, rights of Grantor under leases of Fixtures or other personal property or equipment, inventory, aLt refundable, returnable or reimbursable fees, deposits or other funds or evidences of credit or indebtedness deposited by or on behalf of Grantor with any governmental authorities, boards, corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs (the "Personalty"), (5) all reserves, escrows or impounds required under the Loan Agreement and all deposit accounts maintained by Grantor with respect to the Mortgaged Property, (6) all plans, specifications, shop drawings and other technical descriptions prepared for construction, repair or alteration of the Improvements, and all amendments and modifications thereof (the "pupa"), (7) all leases, subleases, licenses, concessions, occupancy agreements or other agreements (written or oral, now or at any time in effect) which grant a possessory interest in, or the right to use, all of a, part of the Mortgaged Property, together with all related sec,uity and other deposits, including Letter of Credit No. G 194967, issued by Wirst Bank in favor of Grantor for the account of Wizards of the Coast (the "Lam"), (9) all of the rents, revenues, income, proceeds, profits, security and other types of dclwsits, and other bencf;ts paid or payable by parties to the Lases other than Grantor for using, leasing, licensing, possessing, operating from, residing in, selling or otherwise enjoying tine Mortgaged Property (the "R="), (9) all other agreements, such as construction contracts, architcas' agreements, engineers' contracts, utility contracts, maintenance agreements,