X X X X X X X X X X that for and in consideration of the mutual promises hereinafter set forth the Fund and Custodian agree as follows:
X X X X X X X X X X. 0. Xale. THAT, FOR THE CONSIDERATION stated hereinbelow in Article 5. and OTHER VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, Assignor does hereby GRANT, SELL, TRANSFER, ASSIGN, and CONVEY unto Assignee the undivided right, title and interest reflected in Exhibit 1 Part (a) hereof, in and to the following described interests and properties (the undivided interest being assigned hereunder in such interests and properties shall hereinafter be referred to collectively as the "Assets" and the specific quantitative interest being assigned hereunder represents an undivided twenty percent (20%) of the interest of Assignor in the Assets):
X X X X X X X X X X. Xxxx xxr and in consideration of the mutual promises hereinafter set forth, the Fund and FTIS agree as follows:
X X X X X X X X X X. To secure the payment of an indebtedness in the principal sum of ONE HUNDRED AND TWENTY FIVE MILLION DOLLARS ($125,000,000), lawful money of the United States of America, to be paid with interest and all other sums and fees payable according to a certain Promissory Note dated the date hereof made by Trustor and HPTWN Corporation, a Delaware corporation ("HPTWN") to Beneficiary (the promissory note together with all extensions, renewals or modifications thereof being hereinafter collectively called the "Note", and the loan evidenced by the Note being hereinafter referred to as the "Loan") and all indebtedness, obligations, liabilities and expenses due hereunder and under any other Loan Document (as hereinafter defined) (the indebtedness, interest, other sums, fees, obligations and all other sums due under the Note and/or hereunder and/or any other Loan Document being collectively called the "Indebtedness"), Trustor hereby irrevocably grants, bargains, sells and conveys to Trustee IN TRUST, WITH POWER OF SALE, and grants unto Trustee a security interest in, all of Trustor's right, title and interest, if any, in the following property and rights, whether now owned or held or hereafter acquired (collectively, the "Trust Property"): GRANTING CLAUSE ONE All right, title and interest in and to the real property or properties described on Schedule A hereto (collectively, the "Land"). GRANTING CLAUSE TWO Any and all buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located on the Land or any part thereof (collectively, the "Improvements"; the Land and the Improvements hereinafter collectively referred to as the "Real Property"). GRANTING CLAUSE THREE All easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, oil, gas and mineral rights, air rights and development rights, zoning rights and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever in any way belonging, relating or pertaining to the Real Property or any part thereof, and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land or any part thereof to the center line thereof and all the estates, rights, titles, interests, dower and rights of...
X X X X X X X X X X. ARTICLE I
X X X X X X X X X X. This Agreement is made with reference to the following facts and objectives:
X X X X X X X X X X. In consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
X X X X X X X X X X. Xxxx the Lessor, for and in consideration of the covenants and agreements hereinafter set forth and the rent hereinafter specifically reserved, does hereby Lease unto the Lessee the "Premises" identified herein in accordance with the following terms and conditions:
X X X X X X X X X X. Xxx xxxxxxx xereto, for themselves, their heirs, distributees, executors, administrators, legal representatives, successors and assigns, hereby covenant as follows:
X X X X X X X X X X. For and in consideration of the mutual covenants hereinafter contained, the parties agree as follows:
