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TOGETHER WITH the following property and rights (the Premises, i
together with such property and rights, being hereinafter collectively called
"Mortgaged. Property" or "property"):
(a) All right, title and interest of Mortgagor. in and to the land lying ~ ;
in the bed of any street. road or avenue, opened or proposed, in front of
or adjoining the Premises, and in .and to the appurtenances thereto:
. (b) all machinery, apparatus. equipment. fittings. fixtures and articles
of personal property of every kind and nature whatsoever, now or hereafter I
located in any building or upon the Premises, or any part thereof, and used
or usable in connection with any present or future occupancy of said building
and now owned or hereafter acquired by Mortgagor (hereinafter called i
Building Equipment) including..: but without limiting the generally of the ,
foregoing, all heating, lighting. laundry. incinerating and power equipment.
engines, pipes, pumps, tanks, motors, conduits. switchboards, plumbing.
lifting, cleaning, fire prevention. fire .extinguishing, refrigerating. ventilating,
and communications apparatus. air cooling and air-conditioning apparatus, ~
elevators, escalators. shades, awnings, screens, storm doors and windows,
stoves. wall beds, refrigerators, attached cabinets, partitions, ducts and ,
compressors; it being understood and agreed that all Building Equipment ~
is part and parcel of the Premises and appropriated to the use thereof and. j
whether affixed or annexed to the Premises or not, shall for the purpose ~
of this Mortgage be deemed conclusively to be real estate and mortgaged
hereby; and Mortgagor agrees to execute and deliver, from time to time.
such further instruments as may be requested by Mortgagee to confirm the
paramount and superior first lien of this Mortgage on any Building Equipment;
and
(c) any and all awards or payments. including interest thereon, j
and the right to receive the same, which may be made with respect to the
Premises as a result of the exercise of the right of eminent domain, the alteration _
of the grade of any street. any other injury to or decrease in the value of
the Premises, or proceeds of insurance awards, to the extent of all amounts
which may be secured by this Mortgage at the date of receipt of any such
award or payment by Mortgagee. and of the reasonable attorneys' fees, costs ~
and disbursements incurred by I~tortgagee in connection with the collection
of such award or payment; and Mortgagor agrees to execute and deliver,
from time to time, such further instruments as may be requested by Mortgagee
~ ~ to confirm such assignment to Mortgagee of any such award or payment;
~ i (d) all leases of the premises now and hereafter entered into and }
~ all right, title. and interest of the Mortgagor thereunder, including. without ii
limitation. cash or securities deposited thereunder to secure performance ft
by the lessees of their obligations thereunder, whether such cash or securities `
are to be held until the expiration of the terms of such leases or applied to
one or more of the installments of ~•ent coming due immediately prior to the
- expiration of such terms. including, further, the right upon the happening -
~ i! of an Event of Default, to receive and collect the rents thereunder.
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~ TO HAVE AIvD TO HOLD the above described property unto the Mortgagee,
its successors and assigns forever . {
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The Mortgagor hereby covenants ~~~ith the Mortgagee that the Mortgagor
~ is ind~teasibly seized with the absolute and fee-simple title to said property,
and has full power and lawful authority to sell, conve}•, transfer and mortgage
the same: that is shall be lawful at any time hereafter for-the Mortgagee to ~ ~
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