Common use of DESCRIPTION OF THE PROPERTY Clause in Contracts

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "Leases" and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or connected with the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "Real Property"; (d) All personal property, equipment, supplies and fixtures (collectively, the "Personal Property") owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller to the use of the name Oakview Plaza North and South), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) attached hereto (the "Intangible Personal Property"). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "Property".

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Rock Ridge Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".”

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Xxxxxxx Xxxx Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller's right, title and interest in and to the following: (a) The That certain real property located at 1219 Bowery, in the City of New York, County of Kings, State of New York, more particular1y described on Exhibit ------- A attached hereto and incorporated herein by this reference (the "Land"), -- together with the Improvementsbuilding and any other improvements located thereon (the "Building"); (b) All of Seller's interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "Leases" and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements Building, if any, including, without limitation, all of Seller's right, title and interest in and to all mineral and water rights and all easements, rights-of-way and other appurtenances used or connected with the beneficial use or enjoyment of the Land and the Improvements. The Building (the Land, the Improvements, Building and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's interest as lessor under the Leases) are sometimes collectively hereinafter collectively referred to as the "Real Property"); (c) All of the interest of Seller in all assignable commission, management, maintenance, service and supply agreements and contracts affecting the Real Property ("Service Contracts") (a schedule of all presently existing Service Contracts for the Real Property is attached hereto as Exhibit C and incorporated --------- herein). (d) All personal propertyof the interests of Seller in all assignable permits, equipmentlicenses, supplies certificates and fixtures approvals ("Permits") relating to the Real Property. (e) Seller's interest (if any) in and to any service contracts, guarantees, licenses, approvals, certificates, permits and warranties relating to the Property, to the extent assignable (collectively, the "Personal Property") owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller to the use of the name Oakview Plaza North and South), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) attached hereto (the "Intangible Personal Property"). (The Real Property, the Personal Property Service Contracts, the Permits and the Intangible Personal Property are sometimes collectively hereinafter collectively referred to as the "Property").

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Capital Crossing Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Xxxxxx Parkway Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Xxxxxx Creek Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Tanglewood Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Xxxxxxxx Downs Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Brentwood Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller all of Seller's right, title and interest in and to the following: (a) The LandThat certain real property located in the County of Kane, Xxate of Illinois, more particularly described on Exhibit A attached hereto (the "LAND"), together with the Improvementsimprovements, structures and facilities owned by Seller and located thereon (the "IMPROVEMENTS"); (b) All of Seller's interest as lessor in all leases leases, licenses and other occupancy agreements covering the Land and the Improvements (said leases, licenses and other occupancy agreements, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "LeasesLEASES" and are identified in on the Rent Roll (hereinafter defined) Schedule of Leases attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or connected with the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's interest as lessor under the Leases) those certain reciprocal easement agreements (said reciprocal easement agreements, together with any and all amendments, modifications or supplements thereto, are sometimes hereinafter collectively referred to collectively as the "Real PropertyREAS") identified on the Schedule of REAs attached hereto as Exhibit C; (d) All personal propertyof Seller's interest in the repurchase right set forth in Section 6 of that certain Federated Department Stores, equipmentInc., supplies Purchase and fixtures Sale Agreement, Spring Hill Mall, dated as of July 14, 1986 (collectively, the "Personal PropertyFEDERATED SALE AGREEMENT") owned by Seller and used in the operation of the Real Property includingbetween Homart Development Co., without limitationa Delaware corporation ("HOMART"), all property described in Exhibit C attached hereto; and and Federated Department Stores, Inc., a Delaware corporation (e) All intangible property used in connection with the foregoing including"FEDERATED"), without limitation, all trademarks, trade names (including, without limitation, all which relates to certain rights of Seller (as successor-in-interest to Homart) to repurchase the use of real property sold by Homart to Federated under the name Oakview Plaza North and South), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) attached hereto Federated Sale Agreement (the "Intangible Personal PropertyREPURCHASE RIGHT"). The Real Property, which Repurchase Right is evidenced by that certain Memorandum of Repurchase Right dated as of July 17, 1986 and recorded on July 28, 1986 in the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as Official Records of Kane Xxxnty, Illinois (the "PropertyOFFICIAL RECORDS".) as Document No. 1784184; the Repurchase Right was restated in its entirety pursuant to that certain Restatement of Purchase Right dated as of March 3, 1989, by and

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Mission Battleground Park Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller's ’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller's ’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "“Leases" ” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements, Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller's ’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the "“Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the "“Personal Property"”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller the exclusive right to the use of the name Oakview Plaza North and South“Residences at Braemar”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D) D attached hereto (the "“Intangible Personal Property"”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the "“Property".”