Common use of Leases and Rents Clause in Contracts

Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectively, the “Leases”) and all right, title and interest of Individual Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;

Leases and Rents. All leasesincome, subleasesrents, subsubleasesroom rates, lettingsissues, licensesprofits, concessions or revenues, deposits, accounts and other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of, benefits from the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee operation of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectively, the “Leases”) and all right, title and interest of Individual Borrower, its successors and assigns therein and thereunderHotel, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (includingcash and credit card receipts collected from guest rooms, without limitationrestaurants, securitybars, utility mini-bars, meeting rooms, banquet rooms and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered recreational facilities and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, includingotherwise, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession concession, or other grant of the right of the possession, use and or occupancy of property all or any portion of the Land, the Hotel or personalty located therein, or rendering of services by Individual Borrower Tenant or Manager any operator or manager of the Hotel or the commercial space located therein or acquired from others including, without limitation, from the rental of any office space, retail space, commercial space, guest room or other space, halls, stores or offices, including any deposits securing reservations of such space, exhibit or sales space of every kind, license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales, all deposits or other security now or hereafter made with or given to any utility company by Tenant with respect to the Property, and all proceeds, if any, from business interruption or other loss of income insurance relating to the use, enjoyment or occupancy of the Land and/or the Hotel whether paid or accruing before or after the filing by or against Individual Borrower Tenant of any petition for relief under any Creditors Rights Laws present or future state or federal law regarding bankruptcy (collectivelyeach a “Bankruptcy Code”), the “Rents”) reorganization or other relief to debtors and all proceeds from the sale or other disposition of the Tenant Leases (hereinafter defined). All leases, subleases, licenses and other agreements granting others the right to use or occupy all or any part of the Property together with all restatements, renewals, extensions, amendments and supplements thereto, (collectively, the “Tenant Leases”), now existing or hereafter entered into, and whether entered before or after the filing by or against Tenant of any petition for relief under a Bankruptcy Code, and all of Tenant’s right, title and interest in the Tenant Leases, including, without limitation (i) all guarantees, letters of credit and any other credit support given by any tenant or guarantor in connection therewith (collectively, the “Tenant Lease Guaranties”), (ii) all cash, notes, or security deposited thereunder to secure the performance by the tenants of their obligations thereunder (collectively, the “Tenant Security Deposits”), (iii) all claims and rights to the payment of damages and other claims arising from any rejection by a tenant of its Tenant Lease under a Bankruptcy Code (“Bankruptcy Claims”), (iv) all of the landlord’s rights in casualty or condemnation proceeds of a tenant in respect of the leased premises (collectively, the “Tenant Claims”), (v) all rents, ground rents, additional rents, revenues, termination and similar payments, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Tenant Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, the “Rents”), whether paid or accruing before or after the filing by or against Tenant of any petition for relief under a Bankruptcy Code, (vi) all proceeds or streams of payment from the sale or other disposition of the Tenant Leases or disposition of any Rents, and (vii) the right to receive and apply the Rents to the payment of Tenant’s obligations under this Lease and to do all other things which Tenant or a lessor is or may become entitled to do under the DebtTenant Leases or with respect to the Rents;

Leases and Rents. All current and future leases, subleasesrental agreements, subsubleases, lettings, licenses, concessions or occupancy agreements and other agreements (whether written of whatever form now or oral) pursuant to which hereafter affecting the use, enjoyment or occupancy of, or the conduct of any Person is granted a possessory interest activity upon or in, or right to use or occupy all or any portion of, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee part of the performance and observance of Leasehold Estate or the covenantsImprovements, conditions and agreements to be performed and observed by the other party theretoincluding any guaranties, heretofore extensions, renewals, replacements or hereafter entered intomodifications thereof, whether before or after the filing by or against Individual Borrower Mortgagor of any petition for relief under any Creditors Rights Laws 11 U.S.C. § 101 et seq. (collectivelythe "Bankruptcy Code"), as the “same may be amended from time to time (the "Leases”") and all right, title and interest of Individual Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, including all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, including security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable lawdeposits), accounts, cash, issues, fees, profits, charges for services rendered rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower Mortgagor or its agents or employees from any and all sources (including any warrants, stock options or other rights granted to Mortgagor, any principal or their Affiliates in connection with any Lease) arising from or attributable to the PropertyLeasehold Estate and the Improvements, including, together with all receivables, customer obligations, installment payment obligations and proceeds from the sale or other obligations now existing or hereafter arising or created out disposition of the saleLeases and the right to receive and apply the Rents to the payment of the Debt and all right, leasetitle and interest of Mortgagor, subleaseits successors and assigns therein and thereunder, licenseincluding all guarantees, concession letters of credit and any other credit support given by any guarantor in connection therewith, cash or securities deposited under the Leases to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues, issues and profits (including all oil and gas or other grant of mineral royalties and bonuses) from the right of Leasehold Estate and the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance Improvements whether paid or accruing before or after the filing by or against Individual Borrower Mortgagor of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “"Rents”") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;

Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, concessions or licenses and other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or granting others the right to use or occupy all or any portion of, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee part of the performance Property together with all restatements, renewals, extensions, amendments and observance of the covenantssupplements thereto (“Leases”), conditions and agreements to be performed and observed by the other party thereto, heretofore now existing or hereafter entered into, and whether entered before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectivelythe Bankruptcy Code, the “Leases”) and all of Borrower’s right, title and interest of Individual Borrower, its successors and assigns therein and thereunderin the Leases, including, without limitationlimitation (i) all guarantees, cash letters of credit and any other credit support given by any tenant or securities guarantor in connection therewith (“Lease Guaranties”), (ii) all cash, notes, or security deposited thereunder to secure the performance by the lessees tenants of their obligations thereunder (“Tenant Security Deposits”), (iii) all claims and rights to the payment of damages and other claims arising from any rejection by a tenant of its Lease under the Bankruptcy Code (“Bankruptcy Claims”), (iv) all of the landlord’s rights in casualty or condemnation proceeds of a tenant in respect of the leased premises (“Tenant Claims”), (v) all rents, ground rents, additional rents, rent equivalentsrevenues, moneys payable as damages or in lieu of rent or rent equivalentstermination and similar payments, royalties issues and profits (including, without limitation, including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, “Rents”), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws the Bankruptcy Code, (collectively, the “Rents”vi) and all proceeds or streams of payment from the sale or other disposition of the Leases or disposition of any Rents, and (vii) the right to receive and apply the Rents to the payment of the DebtDebt and to do all other things which Borrower or a lessor is or may become entitled to do under the Leases or with respect to the Rents;

Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, rental agreements, registration cards and agreements, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion ofof the Land and the Improvements, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectively, the “Leases”) and all right, title and interest of Individual Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable lawdeposits), accounts, cash, issues, profits, charges for services rendered rendered, registration fees, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the PropertyProperty (or any portion thereof), including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and and/or occupancy of property the Property (or any portion thereof) or rendering of services by Individual Borrower Borrower, TRS Lessee or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws Laws, including, without limitation, all hotel receipts, revenues and credit card receipts collected from guest rooms, restaurants, bars, mini-bars, meeting rooms, banquet rooms and recreational facilities and otherwise, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of possession, use and/or occupancy of the Property (or any portion thereof) and/or rendering of services by Borrower, TRS Lessee or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others (including, without limitation, from the rental of any office space, retail space, guest rooms or other space, halls, stores, and offices, and deposits securing reservations of such space), license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;

Leases and Rents. All current and future leases, subleasesrental ---------------- agreements, subsubleases, lettings, licenses, concessions or occupancy agreements and other agreements (whether written of whatever form now or oral) pursuant to which hereafter affecting the use, enjoyment or occupancy of, or the conduct of any Person is granted a possessory interest activity upon or in, or right to use or occupy all or any portion of, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee part of the performance and observance of Mortgaged Property or the covenantsImprovements, conditions and agreements to be performed and observed by the other party theretoincluding any guaranties, heretofore extensions, renewals, replacements or hereafter entered intomodifications thereof, whether before or after the filing by or against Individual Borrower Lessee of any petition for relief under any Creditors Rights Laws 11 U.S.C. Section 101 et seq. (collectivelythe "Bankruptcy Code"), as the “same may be amended from time to time (the "Leases”") and all right, title and interest of Individual Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, including all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, including security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable lawdeposits), accounts, cash, issues, fees, profits, charges for services rendered rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower Lessee or its agents or employees from any and all sources (including any warrants, stock options or other rights granted to Lessee, any principal or their affiliates in connection with any Lease) arising from or attributable to the PropertyMortgaged Property and the Improvements, includingand all right, title and interest of Lessee, its successors and assigns therein and thereunder, including all receivablesguarantees, customer obligationsletters of credit and any other credit support given by any guarantor in connection therewith, installment payment cash or securities deposited under the Leases to secure the performance by the lessees of their obligations thereunder and other obligations now existing or hereafter arising or created out of the saleall rents, leaseadditional rents, subleaserevenues, license, concession issues and profits (including all oil and gas or other grant of mineral royalties and bonuses) from the right of Mortgaged Property and the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance Improvements whether paid or accruing before or after the filing by or against Individual Borrower Lessee of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “"Rents”") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;Loan; and

Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, concessions or licenses and other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or granting others the right to use or occupy all or any portion of, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee part of the performance Property together with all restatements, renewals, extensions, amendments and observance of the covenantssupplements thereto ("Leases"), conditions and agreements to be performed and observed by the other party thereto, heretofore now existing or hereafter entered into, and whether entered before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectivelythe Bankruptcy Code, the “Leases”) and all of Borrower's right, title and interest of Individual Borrower, its successors and assigns therein and thereunderin the Leases, including, without limitationlimitation (i) all guarantees, cash letters of credit and any other credit support given by any tenant or securities guarantor in connection therewith ("Lease Guaranties"), (ii) all cash, notes, or security deposited thereunder to secure the performance by the lessees tenants of their obligations thereunder ("Tenant Security Deposits"), (iii) all claims and rights to the payment of damages and other claims arising from any rejection by a tenant of its Lease under the Bankruptcy Code ("Bankruptcy Claims"), (iv) all of the landlord's rights in casualty or condemnation proceeds of a tenant in respect of the leased premises ("Tenant Claims"), (v) all rents, ground rents, additional rents, rent equivalentsrevenues, moneys payable as damages or in lieu of rent or rent equivalentstermination and similar payments, royalties issues and profits (including, without limitation, including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, "Rents"), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws the Bankruptcy Code, (collectively, the “Rents”vi) and all proceeds or streams of payment from the sale or other disposition of the Leases or disposition of any Rents, and (vii) the right to receive and apply the Rents to the payment of the DebtDebt and to do all other things which Borrower or a lessor is or may become entitled to do under the Leases or with respect to the Rents;

Leases and Rents. All leasehold estate, right, title and interest of Trustor in and to all leases, subleases, subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion ofof the Land and the Improvements, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Individual Borrower Trustor of any petition for relief under any Creditors Rights Laws 11 U.S.C. §101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (collectively, the “Leases”) and all right, title and interest of Individual BorrowerTrustor, its successors and assigns therein and thereunder, includingincluding all cash, without limitation, cash letters of credit or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, including all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, including security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable lawdeposits), accounts, cash, issues, profits, charges for services rendered rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower Trustor or its agents or employees from any and all sources arising from or attributable to the Property, includingincluding but not limited to all “rents” (as defined in the Act (defined below)) arising from or attributable to the Property, including all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower Trustor or Property Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower Trustor of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the DebtObligations (as hereinafter defined);

Leases and Rents. All leases, subleases, subsubleasesrental agreements, lettingsregistration cards and agreements, licensesif any, concessions and other agreements, whether or other agreements (whether written not in writing, affecting the use, enjoyment or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of, occupancy of the Land, Land and/or the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered intointo and all extensions, amendments and modifications thereto, whether before or after the filing by or against Individual Borrower Mortgagor of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “"Leases”") and all right, title and interest of Individual BorrowerMortgagor, its successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees' obligations thereunder, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalentsrevenues, moneys payable as damages or in lieu of rent or rent equivalentsissues, royalties registration fees, if any, and profits (including, without limitation, including all oil and gas or other mineral royalties and bonuses)) from the Land, the Improvements, all income, receivablesrents, receiptsroom rates, issues, profits, revenues, deposits (deposits, accounts and other benefits from the operation of the hotel on the Land and/or the Improvements, including, without limitation, securityall revenues and credit card receipts collected from guest rooms, utility restaurants, bars, mini-bars, meeting rooms, banquet rooms and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered recreational facilities and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, includingotherwise, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the possession, use and or occupancy of property all or any portion of the Land and/or Improvements, or personalty located thereon, or rendering of services by Individual Borrower Mortgagor or Manager any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others including, without limitation, from the rental of any office space, retail space, commercial space, guest room or other space, halls, stores or offices, including any deposits securing reservations of such space, exhibit or sales space of every kind, license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales and proceeds, if any, from business interruption or other loss of income insurance relating to the use, enjoyment or occupancy of the Land and/or the Improvements whether paid or accruing before or after the filing by or against Individual Borrower Mortgagor of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “"Rents”") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;

Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion ofof the Land and the Improvements, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases subleases or other agreements entered into in connection with such leases, subleases, subsubleases subleases or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Individual Borrower Grantor of any petition for relief under any Creditors Rights Laws 11 U.S.C. §101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (collectively, the “Leases”) and all right, title and interest of Individual BorrowerGrantor, its successors and assigns therein and thereunder, includingincluding all cash, without limitation, cash letters of credit or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, including all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, including security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable lawdeposits), accounts, cash, issues, profits, charges for services rendered rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower Grantor or its agents or employees from any and all sources arising from or attributable to the Property, including, including all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower or Manager Grantor and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower Grantor of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the DebtObligations (as hereinafter defined);

Leases and Rents. All leasesleases (including, without limitation, the Sixt Agreement and the ATM Agreement), subleases, subsubleasesrental agreements, lettingsregistration cards, licensesif any, concessions or and other agreements (whether written affecting the use, enjoyment or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of, occupancy of the Land, Land and/or the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leasesby or on behalf of Seller and all extensions, subleases, subsubleases or other agreements amendments and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party modifications thereto, heretofore or hereafter entered into, whether before or after but specifically excluding the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws Terminated Contracts (collectively, the “Leases”) ), and all right, title and interest of Individual BorrowerSeller, its successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees’ obligations thereunder, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalentspayments in connection with any termination, moneys payable as damages cancellation or in lieu surrender of rent or rent equivalentsany Lease, royalties revenues, issues, registration fees, if any, and profits (including, without limitation, including all oil and gas or other mineral royalties and bonuses)) from the Land, the Improvements, all income, receivablesrents, receiptsroom rates, issues, profits, revenues, deposits (deposits, accounts and other benefits from the operation of the Hotel on the Land and/or the Improvements, including, without limitation, securityall revenues and credit card receipts collected from guest rooms, utility restaurants, bars, mini-bars, meeting rooms, banquet rooms, and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered recreational facilities and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, includingotherwise, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession concession, or other grant of the right of the possession, use and or occupancy of property all or any portion of the Land and/or Improvements, or personalty located thereon, or rendering of services by Individual Borrower Seller or Manager any operator or manager of the Hotel or the commercial space located in the Improvements or acquired from others, including, without limitation, from the rental of any office space, retail space, commercial space, guest room or other space, halls, stores or offices, including any deposits securing reservations of such space, exhibit or sales space of every kind, license, lease, sublease and concession fees, and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales and proceeds, if any, from business interruption or other loss of income insurance whether paid relating to the use, enjoyment or accruing before or after occupancy of the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectively, Land and/or the “Rents”) Improvements and all proceeds from the sale or other disposition of the Leases and (the right to receive and apply the Rents to the payment of the Debt“Rents”);

Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion ofof the Land and the Improvements, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Individual Borrower Trustor of any petition for relief under any Creditors Rights Laws 11 U.S.C. §101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (collectively, the “Leases”) and all right, title and interest of Individual BorrowerTrustor, its successors and assigns therein and thereunder, includingincluding all cash, without limitation, cash letters of credit or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, including all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues (including room revenues), deposits (including, without limitation, including security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable lawdeposits), accounts, cash, issues, profits, charges for services rendered rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower Trustor or its agents or employees from any and all sources arising from or attributable to the Property, including, including all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower Trustor or Property Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower Trustor of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the DebtObligations (as hereinafter defined);

Leases and Rents. All leasesleases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into (including, without limitation, the Operating Lease, all patient admissions and resident care agreements, all lettings, subleases, subsubleases, lettings, licenses, concessions concessions, tenancies and other occupancy agreements covering or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy encumbering all or any portion of, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered intoProperty), whether before or after the filing by or against Individual such Borrower of any petition for relief under any Creditors Rights Laws 11 U.S.C.ss.101 et seq., as the same may be amended from time to time (the "Bankruptcy Code") (collectively, the “"Leases”") and all right, title and interest of Individual such Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties revenues (including, without limitation, (i) rights to payment earned under the Leases for space in the Improvements for the operation of ongoing businesses, such as restaurants, news stands, xxxxxx shops, beauty shops and pharmacies and (ii) all other income, consideration, profits and benefits of any nature arising from the ownership, possession, use or operation of the Property, including, without limitation Patient Revenues and Self-Pay Receivables), issues and profits (including all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility ) from the Land and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance Improvements whether paid or accruing before or after the filing by or against Individual such Borrower of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “"Rents”") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;

Leases and Rents. All leases, subleases, subleases or subsubleases, lettings, licenses, concessions or other agreements (whether written or oraloral and whether now or hereafter in effect) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion ofof any space in any of the Land or the Improvements, the Land, the Improvements and every modification, amendment or other agreement relating to such leaseslease, subleasessublease, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements subsublease and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party theretothereto (collectively, heretofore or hereafter entered intothe “Leases”), whether before or after the filing by or against Individual the Borrower of any petition for relief under any Creditors Rights Laws 11 U.S.C. §101 et seq., as the same may be amended from time to time (collectively, the “LeasesBankruptcy Code”) and all right, title and interest of Individual the Borrower, its successors and assigns therein and thereunder, including, without limitation, letters of credit, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, including all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, including security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable lawdeposits), accounts, accounts receivable, cash, issues, profits, charges for services rendered gross revenues, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual the Borrower or its agents or employees from any and all sources arising from or attributable solely to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing ownership or hereafter arising or created out occupation of the saleLand, leasethe Improvements, sublease, license, concession or other grant the Fixtures and Equipment and not arising from or attributable to the business of the right of the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the DebtSecured Obligations;

Leases and Rents. All leasesleases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into (including, without limitation, the Operating Lease, all patient admissions and resident care agreements, all lettings, subleases, subsubleases, lettings, licenses, concessions concessions, tenancies and other occupancy agreements covering or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy encumbering all or any portion of, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered intoProperty), whether before or after the filing by or against Individual such Borrower of any petition for relief under any Creditors Rights Laws 11 U.S.C. (S)101 et seq., as the same may be amended from time to time (the "Bankruptcy Code") (collectively, the “"Leases”") and all right, title and interest of Individual such Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties revenues (including, without limitation, (i) rights to payment earned under the Leases for space in the Improvements for the operation of ongoing businesses, such as restaurants, news stands, xxxxxx shops, beauty shops and pharmacies and (ii) all other income, consideration, profits and benefits of any nature arising from the ownership, possession, use or operation of the Property, including, without limitation Patient Revenues and Self-Pay Receivables), issues and profits (including all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility ) from the Land and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance Improvements whether paid or accruing before or after the filing by or against Individual such Borrower of any petition for relief under any Creditors Rights Laws the Bankruptcy Code (collectively, the “"Rents”") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;

Leases and Rents. All Subject to the terms of Section 2.03(b) hereof, all leases, subleases, subsubleases, lettings, licenses, concessions or licenses and other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or granting others the right to use or occupy all or any portion of, the Land, the Improvements and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee part of the performance Property together with all restatements, renewals, extensions, amendments and observance of the covenantssupplements thereto (“Leases”), conditions and agreements to be performed and observed by the other party thereto, heretofore now existing or hereafter entered into, and whether entered before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws (collectivelythe Bankruptcy Code, the “Leases”) and all of Borrower’s right, title and interest of Individual Borrower, its successors and assigns therein and thereunderin the Leases, including, without limitationlimitation (i) all guarantees, cash letters of credit and any other credit support given by any tenant or securities guarantor in connection therewith (“Lease Guaranties”), (ii) all cash, notes, or security deposited thereunder to secure the performance by the lessees tenants of their obligations thereunder (“Tenant Security Deposits”), (iii) all claims and rights to the payment of damages and other claims arising from any rejection by a tenant of its Lease under the Bankruptcy Code (“Bankruptcy Claims”), (iv) all of the landlord’s rights in casualty or condemnation proceeds of a tenant in respect of the leased premises (“Tenant Claims”), (v) all rents, ground rents, additional rents, rent equivalentsrevenues, moneys payable as damages or in lieu of rent or rent equivalentstermination and similar payments, royalties issues and profits (including, without limitation, including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, “Rents”), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits to the extent the same may be subject to the lien of this Security Instrument under applicable law), accounts, cash, issues, profits, charges for services rendered and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Individual Borrower or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Individual Borrower or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Individual Borrower of any petition for relief under any Creditors Rights Laws the Bankruptcy Code, (collectively, the “Rents”vi) and all proceeds or streams of payment from the sale or other disposition of the Leases or disposition of any Rents, and (vii) the right to receive and apply the Rents to the payment of the DebtDebt and to do all other things which Borrower or a lessor is or may become entitled to do under the Leases or with respect to the Rents;