Common use of AND WHEN RECORDED MAIL TO Clause in Contracts

AND WHEN RECORDED MAIL TO. The consideration for this Assignment is included in the consideration paid for the Grant Deed being recorded concurrently herewith and in the documentary tax affixed to said deed. ________________________________________________________________________________ ASSIGNMENT OF LESSOR'S INTEREST IN LEASES THIS ASSIGNMENT OF LESSOR'S INTEREST IN LEASES (this "ASSIGNMENT") is made on ________ ___, 1997, by MISSION LAND COMPANY, a California corporation [or MISSION-VACAVILLE, L.P., a California limited partnership] ("ASSIGNOR"), in favor of XXXXXX REALTY, L.P., a Delaware limited partnership ("ASSIGNEE"). For a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of Assignor's right, title and interest in, to and under the leases (and all amendments, supplements and modifications thereto and guaranties thereof) relating to that certain real property located in the City of ____________, County of ______________, State of _______________ and more particularly described in Exhibit A attached hereto and incorporated herein by --------- this reference (the "REAL PROPERTY"), which leases, amendments, supplements and modifications thereto and guaranties thereof are identified in Exhibit B --------- attached hereto and incorporated herein by this reference (as amended and modified, together with any such guaranties, the "LEASES"), together with (i) any and all rights, title, estates and interests of Assignor in and to such security deposits and prepaid rents, if any, as have been paid to Assignor pursuant to such Leases and not previously applied pursuant to the Leases, and (ii) any and all rights, title, estates and interests of Assignor in and to any subleases, if any, relating to the Real Property.

AND WHEN RECORDED MAIL TO. The consideration for this Assignment NAME: [Zhone or the Applicable Purchaser] ADDRESS: ___________________ ATTN: ___________________ CITY: ___________________ STATE: ___________________ Zip: ___________________ MAIL TAX STATEMENTS TO: ---------------------- NAME: [Zhone or the Applicable Purchaser] ADDRESS: ___________________ ATTN: ___________________ CITY: ___________________ STATE: ___________________ Zip: ___________________ CORPORATION GRANT DEED (Covering Improvements but not the Land under the Improvements) FOR A VALUABLE CONSIDERATION, receipt of which is included hereby acknowledged, BNP LEASING CORPORATION, a Delaware corporation ("Grantor"), hereby grants to [Zhone or the Applicable Purchaser] ("Grantee") all of Grantor's interest in the consideration paid for buildings and other improvements (the Grant Deed being recorded concurrently herewith "Improvements") on the land situated in Oakland, California, described on Annex A attached hereto and hereby made a part hereof (the "Land"), together with the any other right, title and interest of Grantor in and to any easements, rights-of-way, privileges and other rights appurtenant to the Improvements; provided, however, that this grant is subject to the encumbrances described on Annex B (the "Permitted Encumbrances") and any reservations or qualifications set forth below. Grantee hereby assumes the obligations (including any personal obligations) of Grantor, if any, created by or under, and agrees to be bound by the terms and conditions of, the Permitted Encumbrances to the extent that the same concern or apply to the Improvements. Although this deed conveys Grantor's interest in the documentary tax affixed Improvements, this deed does not convey any interest in the Land under the Improvements or any rights or easements appurtenant to said Improvements. Grantor retains and reserves all right, title and interest of Grantor in and to the Land and any rights and easements appurtenant to Land. Further, this deed does not convey any right of access over or right to use the Land, it being understood that the right of Grantee or its successors and assigns to maintain or use the improvements conveyed hereby on the Land shall be on and subject to the terms and conditions of any separate ground lease or deed that Grantee may from time to time obtain, authorizing use of the Land by Grantee. [DRAFTING NOTE: IF ZHONE DESIGNATES AN APPLICABLE ------------- PURCHASER AS GRANTEE (RATHER THAN DESIGNATING ITSELF TO BE THE GRANTEE), THE FOLLOWING WILL BE ADDED TO THIS DEED: Unless Grantee has obtained or is (contemporaneously with the delivery of this deed) obtaining a sublease under a separate existing ground lease that is sufficient to authorize Grantee to maintain the Improvements on the Land, Grantee shall remove or abandon the Improvements promptly upon request of the owner of the Land. Nothing herein or in the agreements pursuant to which this deed is being delivered shall be construed as an obligation on the part of Grantor to deliver or cooperate reasonably in obtaining for Grantee any deed or ground lease covering the Land described in Annex A.] [Improvements - Buildings 1&2] BNP LEASING CORPORATION Date: As of ____________ By: ___________________________ Its: Attest: ___________________________ Its: [Zhone or Applicable Purchaser] Date: As of ____________ By: ___________________________ Its: Attest: ___________________________ Its: STATE OF ____________ ) ) SS COUNTY OF ___________ ) On ___________________ before me,______________, personally appeared ___________ and ________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature_____________________________ ASSIGNMENT [Improvements - Buildings 1&2] STATE OF LESSOR'S INTEREST IN LEASES THIS ASSIGNMENT OF LESSOR'S INTEREST IN LEASES (this "ASSIGNMENT") is made on ____________ ) ) SS COUNTY OF ___, 1997, by MISSION LAND COMPANY, a California corporation [or MISSION-VACAVILLE, L.P., a California limited partnership] ("ASSIGNOR"), in favor of XXXXXX REALTY, L.P., a Delaware limited partnership ("ASSIGNEE"). For a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of Assignor's right, title and interest in, to and under the leases (and all amendments, supplements and modifications thereto and guaranties thereof________ ) relating to that certain real property located in the City of On ____________, County of _______ before me,______________, State personally appeared ___________ and ________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature____________________________ and [Improvements - Buildings 1&2] Annex A LEGAL DESCRIPTION [DRAFTING NOTE: TO THE EXTENT THAT THE "LAND" COVERED BY THE LAND LEASE CHANGES -------------- FROM TIME TO TIME BECAUSE OF ADJUSTMENTS FOR WHICH ZHONE REQUESTS BNPLC'S CONSENT OR APPROVAL, SO TOO WILL THE DESCRIPTION OF THE LAND BELOW CHANGE. ANY SUCH CHANGES WILL BE INCORPORATED INTO THE DESCRIPTION BELOW AND THIS "DRAFTING NOTE" WILL BE DELETED BEFORE THE DEED TO WHICH THIS DESCRIPTION IS ATTACHED IS ACTUALLY EXECUTED AND DELIVERED.] The real property located in the City of Oakland, County of Alameda, State of California, described as follows: Being a portion of Lot 12, as shown on Parcel Map No. 6003, filed in Book 205 of Parcel Maps, at Pages 94 through 98, Alameda County Records, more particularly described as follows: Commencing at the most southerly corner of said Lot 12; Thence along the southwesterly line of said Xxx 00, Xxxxx 00 degrees 50' 24" West, 628.68 feet to the point of beginning; Thence continuing along the southwesterly line of said Xxx 00, Xxxxx 00 degrees 50' 24" West, 1029.21 feet; Thence along the southeasterly line of said Xxx 00, Xxxxx 00 degrees 09' 36" West 14.00 feet; Thence along the southwesterly line of said Xxx 00, Xxxxx 00 degrees 50' 24" West, 253.55 feet to the beginning of a curve, concave southwesterly, having a radius of 392.21 feet; Thence northerly along the arc of said curve, through a central angle of 3 degrees 51' 45", an arc distance of 26.44 feet to the intersection of a line drawn parallel with and 85.00 feet southeasterly of the northwesterly line of said Lot 12, a radial line through said point bears North 52 degrees 17' 51" East; Thence parallel with the northwesterly line of said Xxx 00, Xxxxx 00 degrees 09' 36" East, 476.93 feet to a point that is 5 feet southwesterly of the northeasterly line of said Lot 12; Thence along a line that is parallel with and 5 feet southwesterly of the said northeasterly line of Xxx 00, Xxxxx 00 degrees 00' 30" East, 69.44 feet to the beginning of a curve, concave southwesterly, having a radius of 1949.00 feet; Thence southeasterly along the arc of said curve, through a central angle of 6 degrees 10' 18", an arc distance of 209.94 feet; Thence continuing along a line that is parallel with and 5 feet southwesterly of the said northeasterly line of Xxx 00, Xxxxx 00 degrees 50' 12" East, 1030.61 feet to the intersection with a line drawn perpendicular with the southwesterly line of said Lot 12, distant thereon 628.68 feet from the most southerly corner of said Lot 12; Thence southwesterly along said perpendicular line, South 56 degrees 09' 36" West, 480.72 feet to the Point of Beginning. The basis of bearings for Parcel Map No. 6003 is the North American Datum of 1983, Xxxx 0, 0000 Xxxxxxxxxx Published in Exhibit A attached hereto 1986, as shown on Record of Survey 990, filed in Book 18 of Records of Survey, at Pages 50 through 60, Alameda County Records. All distances in this description are grid distances. To convert to ground distances, multiply grid distances by 1.0000708. Assessor's Parcel No. 041-3902-015 (Portion) [Improvements - Buildings 1&2] Annex B Permitted Encumbrances [DRAFTING NOTE: TO THE EXTENT THAT ENCUMBRANCES (OTHER THAN "LIENS REMOVABLE BY -------------- BNPLC") ARE IDENTIFIED IN ADDITION TO THOSE DESCRIBED BELOW, SUCH ADDITIONAL ENCUMBRANCES WILL BE ADDED TO THE LIST BELOW AND THIS "DRAFTING NOTE" WILL BE DELETED BEFORE THIS DEED IS ACTUALLY EXECUTED AND DELIVERED BY BNPLC. SUCH ADDITIONAL ENCUMBRANCES WOULD INCLUDE ANY NEW ENCUMBRANCES APPROVED BY BNPLC AS "PERMITTED ENCUMBRANCES" UNDER THE LAND LEASE, THE BUILDING 3 LEASE OR THE BUILDINGS 1&2 LEASE FROM TIME TO TIME OR BECAUSE OF ZHONE'S REQUEST FOR BNPLC'S CONSENT OR APPROVAL TO AN ADJUSTMENT.] This conveyance is subject to all encumbrances not constituting a "Lien Removable by BNPLC" (as defined in the Common Definitions and Provisions Agreement (Improvements - Buildings 1&2) incorporated herein by --------- this reference into the Lease Agreement (Improvements - Buildings 1&2) referenced in the "REAL PROPERTY"last item of the list below), which leases, amendments, supplements and modifications thereto and guaranties thereof are identified in Exhibit B --------- attached hereto and incorporated herein by this reference (as amended and modified, together with any such guaranties, including the "LEASES"), together with (i) any and all rights, title, estates and interests of Assignor in and to such security deposits and prepaid rents, if any, as have been paid to Assignor pursuant to such Leases and not previously applied pursuant following matters to the Leases, extent the same are still valid and (ii) any and all rights, title, estates and interests of Assignor in and to any subleases, if any, relating to the Real Property.force:

AND WHEN RECORDED MAIL TO. The consideration for this Assignment is included in the consideration paid for the Grant Deed being recorded concurrently herewith and in the documentary tax affixed to said deed. ________________________________________________________________________________ ASSIGNMENT OF LESSOR'S INTEREST IN LEASES THIS ASSIGNMENT OF LESSOR'S INTEREST IN LEASES (this "ASSIGNMENT") is made on ________ ___, 19972001, by MISSION LAND COMPANY, a California corporation [or MISSION-VACAVILLEBPP/ARROWHEAD, L.P., a California Delaware limited partnership] , ("ASSIGNOR"), in favor of XXXXXX REALTYLAV, L.P.LLC, a Delaware limited partnership liability company ("ASSIGNEE"). For a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of Assignor's right, title and interest in, to and under the leases (and all amendments, supplements amendments and modifications thereto and guaranties thereofthereto) relating to that certain real property located in the City of ____________, County of ______________San Bernardino, State of _______________ California and more particularly described in Exhibit EXHIBIT A attached hereto and incorporated herein by --------- this reference (the "REAL PROPERTY"), which leases, amendments, supplements and modifications thereto and guaranties thereof leases are identified in Exhibit EXHIBIT B --------- attached hereto and incorporated herein by this reference (as amended and modified, together with any such guaranties, the "LEASES"), together with (i) any and all rights, title, estates and interests of Assignor in and to such security deposits (and any interest required thereon) and prepaid rents, if any, as have been paid to Assignor pursuant to such Leases and not previously applied pursuant to the Leases, and (ii) any and all rights, title, estates and interests of Assignor in and to any subleases, if any, relating to the Real Property. Except as otherwise provided in Section 5(e) of that certain Purchase and Sale Agreement and Joint Escrow Instructions dated as of November 26, 2001, by and between Assignor, as seller, and Assignee, as purchaser, Assignor shall indemnify, protect, defend and hold Assignee harmless from and against any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or default by Assignor under the terms of the Leases arising prior to the date hereof. Assignor covenants that it will, at any time and from time to time upon written request therefor, at Assignee's sole expense and without the assumption of any additional liability thereby, execute and deliver to Assignee, its successors and assigns, any new or confirmatory instruments and take such further acts as Assignee may reasonably request to fully evidence the assignment contained herein and to enable Assignee, its successors and assigns to fully realize and enjoy the rights and interests assigned hereby. Assignee accepts the foregoing assignment and assumes and shall pay, perform and discharge, as and when due, all of the agreements and obligations of Assignor under the Leases arising from and after the date hereof and agrees to be bound by all of the terms and conditions of the Leases, and Assignee further agrees that, as between Assignor and Assignee, Assignee shall be responsible for any brokerage commissions, fees or payments which may be due or payable in connection with any extension or renewal of the term of any Lease arising from and after the date hereof. Assignee shall indemnify, protect, defend and hold Assignor harmless from and against any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or default by Assignee under the terms of the Leases arising on or after the date hereof. The provisions of this Assignment shall be binding upon, and shall inure to the benefit of, the successors and assigns of Assignor and Assignee, respectively. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature and acknowledgment pages of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) and acknowledgment(s) thereon, provided such signature and acknowledgment pages are attached to any other counterpart identical thereto except having additional signature and acknowledgment pages executed and acknowledged by other parties to this Assignment attached thereto.

AND WHEN RECORDED MAIL TO. The consideration for DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY This DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY (this Assignment "Deed of Trust") is included in the consideration paid for the Grant Deed being recorded concurrently herewith made between WILLIAM MCGLASHAN and in the documentary tax affixed to said deed. MARIE MCGLASHAN herein collectively called TRUSXXX, xxxxx xxxxxxs is __________________ _____________________, [TITLE COMPANY], a ___________________, herein called TRUSTEE, and CRITICAL PATH, INC., a California corporation, herein called BENEFICIARY. Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale that property in ________________ County _______________ California, described as: [Property legal description] (the "Property") together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the purpose of securing (1) payment of the sum of $ ______________________ ASSIGNMENT OF LESSOR'S INTEREST IN LEASES THIS ASSIGNMENT OF LESSOR'S INTEREST IN LEASES with interest thereon according to the terms of that certain Secured Promissory Note of even date herewith made by Trustor, payable to order of Beneficiary (this the "ASSIGNMENT") is made on ________ ___, 1997, by MISSION LAND COMPANY, a California corporation [or MISSION-VACAVILLE, L.P., a California limited partnership] ("ASSIGNORNote"), in favor and extensions or renewals thereof; (2) the performance of XXXXXX REALTYeach agreement of Trustor incorporated by reference or contained herein or reciting it is so secured including, L.P.without limitation, a Delaware limited partnership ("ASSIGNEE"). For a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of Assignor's right, title and interest in, to and under the leases (and all amendments, supplements and modifications thereto and guaranties thereof) relating to that certain real property located in the City Loan Agreement of ____________, County of ______________, State of _______________ even date herewith between Trustor and more particularly described in Exhibit A attached hereto and incorporated herein by --------- this reference Beneficiary (the "REAL PROPERTYLoan Agreement")) and that certain Pledge Agreement of even date herewith between Trustor and Beneficiary; (3) payment of additional sums and interest thereon that may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. Except as provided in the Loan Agreement, if the Trustor shall convey or alienate the Property or any part thereof or any interest therein or shall be divested of his title in any manner or way, whether voluntary or involuntary, any indebtedness or obligation secured hereby, irrespective of the maturity date expressed in any note evidencing the same, including the Note, at the option of the holder hereof and without demand or notice shall become due and payable immediately. To protect and maintain the security of this Deed of Trust, and with respect to the Property, which leasesis described above, amendments, supplements and modifications thereto and guaranties thereof are identified in Exhibit B --------- attached hereto and incorporated herein by this reference (as amended and modified, together with any such guaranties, the "LEASES"), together with (i) any Trustor expressly makes each and all rightsof the agreements, titleand adopts and agrees to perform and be bound by each and all of the terms and provisions set forth below, estates and interests it is mutually agreed that all of Assignor in the terms and provisions set forth below shall inure to such security deposits and prepaid rentsbind the parties hereto, if any, as have been paid to Assignor pursuant to such Leases and not previously applied pursuant with respect to the Leases, and (ii) any and all rights, title, estates and interests of Assignor in and to any subleases, if any, relating to the Real Property.

AND WHEN RECORDED MAIL TO. The consideration for this Xxxxxx X. Xxxxx c/o LATHAM & XXXXXXX LLP 000 Xxxxx Xxxxxx Xxxxx, Suite 5800 Chicago, IL 60606 This Deed of Trust, Assignment is included in the consideration paid for the Grant Deed being recorded concurrently herewith of Rents, Security Agreement and in the documentary tax affixed to said deed. ________________________________________________________________________________ ASSIGNMENT OF LESSOR'S INTEREST IN LEASES THIS ASSIGNMENT OF LESSOR'S INTEREST IN LEASES Fixture Filing (this "ASSIGNMENT"“Deed of Trust”) is , made on ________ ___this [ ] day of [ ], 1997, by MISSION LAND COMPANY, a California corporation [or MISSION-VACAVILLE, L.P., a California limited partnership] ("ASSIGNOR"), in favor of XXXXXX REALTY, L.P.between PROPERTY DEVELOPMENT CENTERS LLC, a Delaware limited partnership liability company ("ASSIGNEE"“Trustor”). For , whose address is [ ], as trustee (“Trustee”), for the benefit of SAFEWAY, INC., a valuable considerationDelaware corporation (“Beneficiary”), Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in [ ] County, [ ], described on Exhibit A attached hereto (the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee “Land”) together with all of Assignor's right, title and interest inin and to the lighting, to electrical, mechanical, plumbing and under the leases (heating, ventilation and air conditioning systems used in connection with said real estate, and all amendmentsother draperies, supplements appliances and modifications thereto other fixtures and guaranties thereofequipment attached or appurtenant to said real estate) relating to that certain real property located in the City of ____________, County of ______________, State of _______________ and more particularly described in Exhibit A attached hereto and incorporated herein by --------- this reference (the "REAL PROPERTY"), which leases, amendments, supplements and modifications thereto and guaranties thereof are identified in Exhibit B --------- attached hereto and incorporated herein by this reference (as amended and modified, together with any such guaranties, the "LEASES"), together with (i) any and all rights, titleeasements, estates rights of way and interests of Assignor in and to such security deposits and prepaid other appurtenances thereto associated with the Land (collectively, the “Property”). TOGETHER WITH the rents, if anyissues and profits thereof, as have been paid to Assignor pursuant to such Leases and not previously applied pursuant SUBJECT, HOWEVER, to the Leasesright, power and authority given to and conferred upon Beneficiary by paragraph 6 of the provisions herein to collect and apply such rents, issues and profits. For the Purpose of Securing: (a) performance of each agreement of Trustor incorporated by reference or contained herein, and (iib) any payment of the indebtedness evidenced by one Loan Agreement of even date herewith, between Beneficiary, as lender, and all rightsTrustor, titleas Borrower (as amended, estates and interests supplemented, or modified from time to time, the “Loan Agreement”), in the principal sum of Assignor in and up to any subleases$300,000,000. To Protect the Security of This Deed of Trust, if any, relating to the Real Property.Trustor Agrees: