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<br />TOGETHER WITH all contract rights (including any contract deposits), but not any contract
<br />obligations or liabilities, relating to or arising out of any agreement to sell, transfer, assign, convey or
<br />encumber the Land, the Improvements, any portion thereof, any interest therein, and
<br />TOGETHER WITH all rights (including any deposits and rights to payment), but not any
<br />obligations or liabilities, of Grantor under the TIF Documents, and
<br />TOGETHER WITH all plans and specifications, surveys, reports, diagrams, drawings, service
<br />contracts, accounting records, invoices, change orders, licenses, authorizations, certificates, variances,
<br />approvals and other permits necessary or appropriate to permit the construction, reconstruction, repair or
<br />alteration, addition, improvement, use, operation and management of the Land and the Improvements, and
<br />TOGETHER WITH all of the Grantor’s cash, bank accounts, notes and other instruments,
<br />documents, accounts receivable, contract rights, permits, receipts, sales and promotional literature and
<br />forms, advertising materials and the like, trademarks, names, logos, copyrights and other items of
<br />intangible personal property now or hereafter owned by the Grantor relating to the ownership, operation,
<br />development, leasing or management of the Land or the Improvements,
<br />TO HAVE AND TO HOLD the Land, the Improvements, fixtures, personal property, tenements,
<br />hereditaments, appurtenances and other property interests granted hereinabove (hereinafter collectively
<br />called the “Property”) unto the Beneficiary, its successors and assigns, subject only to the Permitted
<br />Encumbrances.
<br />FOR THE PURPOSE OF SECURING:
<br />(a) payment and performance of each and every obligation, covenant and agreement of the
<br />Grantor contained in the Borrower Note and the Borrower Loan Agreement from and after the execution
<br />and delivery thereof;
<br />(b) performance of every obligation, covenant and agreement of the Grantor contained in any
<br />other Funding Loan Document or in any other agreement or instrument now or hereafter executed by the
<br />Grantor which recites that the obligations thereunder are secured by this Mortgage; and
<br />(c) payment of all sums, with interest thereon at the rate set forth in the Borrower Note, the
<br />Borrower Loan Agreement and the other Funding Loan Documents that may become due and payable to
<br />or for the benefit of the Beneficiary pursuant to the terms of this Mortgage; and
<br />(d) the reimbursement of the Beneficiary for all money advanced, as provided herein, and all
<br />expenses (including, reasonable attorneys’ fees) incurred or paid by, the Beneficiary on account of any
<br />action (whether formal litigation or otherwise) that may arise in connection with this Mortgage, the
<br />Funding Loan Documents or the Property, or in obtaining possession of the Property as hereinafter
<br />provided.
<br />The obligations described in subparagraphs (a) through (d) above shall hereinafter be referred to
<br />collectively as the “Secured Obligations.”
<br />TO PROTECT THE SECURITY GRANTED BY THIS MORTGAGE, THE GRANTOR,
<br />AGREES AS FOLLOWS:
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