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04-14-2021 Council Packet
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04-14-2021 Council Packet
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13135953v2 <br /> <br /> <br />13 <br /> <br />Description of the types (or items) <br />of property covered by this <br />Fixture Filing: <br /> <br />See granting clause II on page 2 <br />hereof. <br />Description of real estate to which <br />the collateral is attached or upon <br />which it is or will be located: <br /> See Exhibit A hereto <br /> <br />Upon the occurrence of an Event of Default hereunder in addition to the other <br />rights and remedies available to it, the Mortgagee may exercise all other rights <br />and remedies with respect to such property that are available to a secured party <br />under the UCC. The Mortgagor agrees to pay any reasonable attorney fees and <br />legal expenses incurred by the Mortgagee in enforcing or protecting its rights <br />under the security interest created hereunder. In the event of notice of intended <br />disposition of such property is required by law in any particular instance, the <br />Mortgagor agrees that notice give in the manner and the place provided in Section <br />38 hereunder and sent ten days prior to a disposition of collateral is commercially <br />reasonable notification within the meaning of the UCC. Information concerning <br />the security interests may be obtained from the parties at the addresses set forth <br />above. <br />The Mortgagor warrants and agrees that no financing statement or security <br />agreement covering any of the Mortgaged Property is or will be placed on file in <br />any public office or delivered to any secured party except pursuant hereto, except <br />for Permitted Encumbrances. <br />21. Assignment of Leases and Rents. The Mortgagor does hereby grant, transfer and <br />assign to the Mortgagee (this “Assignment”) all of the right, title and interest of <br />the Mortgagor in and to (i) any and all present or future leases or tenancies, <br />whether written or oral, covering or affecting any or all of the Mortgaged Property <br />(all of which, together with any and all extensions, modifications and renewals <br />thereof, are hereinafter collectively referred to as the “Leases” and each of which <br />is referred to as a “Lease”), and (ii) all rents, profits and other income or <br />payments of any kind due or payable or to become due or payable to the <br />Mortgagor as the result of any use, possession or occupancy of all or any portion <br />of the Mortgaged Property or as the result of the use of or lease of any personal <br />property constituting a part of the Mortgaged Property (all of which are <br />hereinafter collectively referred to as “Rents”), but not including any general <br />revenues, income or accounts receivable of the Mortgagor, and whether the Rents <br />accrue before or after foreclosure of the Mortgage or during the periods of <br />redemption thereof, all for the purpose of securing: <br />(a) All indebtedness under the Loan Agreement and all other sums secured by <br />this Mortgage and Assignment; and <br />(b) Performance and discharge of each and every obligation, covenant and
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