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TOGETHER with (a) aU buildings, structures and improvements of every
kind and description now or hereafter erected or placed on said Land (b) all fixtures,
fittings, appliances, apparatus, equipment, machinery, chattels, building materials and
articles of personal property and replacements thereof, and additions thereto (hereinafter
collectively called the "Fixtures"), now or at any time hereafter affixed to or attached
to or placed upon or used in any way in connection with the complete and comfortable j
use, enjoyment or occupancy for operation and maintenance of said buildings, structures `
and improvements (excepting any personal property owned by any tenant or unit owner
occupying said buildings and used by such tenant or unit owner in the use or occupancy
the space occupied by it to the extent the same does riot become the property of the
Mortgagor under the lease or other agreement with such tenant or unit owner or pursuant
to applicable law) all of which now so affixed, placed or used are represented by Mortgagor
to be, and all of which hereafter to be affixed, placed or used Mortgagor warrants will
be, owned by Mortgagor free from any prior liens or encumbrances and are intended
to be subject to the lien of this Mortgage as if part of the real estate, and (e) all right,
title and interest of Mortgagor in and to all contracts and agreements for the sale or
other transfer by Mortgagor to third persons of any condominium unit or other portion -
of the Mortgaged Property, and ell cash and noncash proceeds thereof. This provision
shall beself-operative, and this Mortgage, to the extent that any such Fixtures shall
not be deemed to be part of the real estate, shall constitute a security agreement under
the Florida Uniform Commercial Code and Mortgagor will execute and deliver to Mortgagee
on demand, and hereby irrevocably appoints Mortgagee or any officer of Mortgagee the
attorney-in-fact of Mortgagor to execute, deliver and file, such financing statements
and other instruments as Mortgagee may require in order to perfect and maintain such
security interest under the Florida Uniform Commercial Code upon the aforesaid collateral.
If any Fixtures are or shall be subject to a conditional bill of sale, chattel mortgage or
security interest other than that created hereby, then in the event of any default hereunder,
all the right, title and interest of Mortgagor in and to any and all deposits made thereunder
are hereby assigned to Mortgagee, together with the benefit of any payments now or
hereafter made thereon. Mortgagor's rights as lessee under eny and all leases relating ~
to equipment and other personal property used or useful in connection with the use, operation
and maintenance of tie improvements on hand are hereby assigned to Mortgagee together
with any options to purchase the same and together with the benefit of any payments
now or hereafter made thereon.
TOGETHER with the reversions, remainders, easements, rents, issues and j
profits arising or issuing from said Land and from the buildings, structures and improve-
ments thereon, including, but not limited to, the.rents, issues and profits arising or issuing
' from all leases and subleases now or hereafter entered into covering all or any part of ~
said Land and for the buildings, structures and improvements thereon, all of which leases, ~
subleases, rents, issues and profits are hereby assigned and, if requested by Mortgagee, t
shall be caused to be further assigned to Mortgagee by Mortgagor (provided that unless 1
and until a default hereunder shall occur, Mortgagor may continue to collect and receive
such rents, issues and profits). The foregoing assignment shall include without limitation,
cash or securities deposited under leases to secure performance of lessees of their obliga-
tions 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 installments of rent coming due prior -
to the expiration of such terms. Mortgagee, or any officer of Mortgagee, is hereby irrevo-
cably appointed attorney-in-fact for Mortgagor to collect such rents, issues and profits
after default by Mortgagor. Mortgagor will execute and deliver to. Mortgagee on demand
such assignments and instruments as Mortgagee may require to implement, confirm,
maintain and continue the assignment hereunder.
C TOGETHER with any and all awards, damages, payments and other compensa-
tion and any and all claims therefor and rights thereto which may result from taking
or injury by virtue of the exercise of the power of eminent domain of or to, or any damage,
E injury or destruction m eny manner caused to, said Land, the buildings; structures and
improvements thereon, or any part thereof, or from any change of grade or vacation
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aoox315 PacE1616