Common use of PERSONAL PROPERTY GRANT Clause in Contracts

PERSONAL PROPERTY GRANT. Mortgagor irrevocably grants, assigns and warrants to Mortgagee, its successors and assigns, a security interest in Mortgagor’s interest in all personal property in all of its forms that Mortgagor now or hereafter owns or in which Mortgagor now or hereafter acquires an interest or right, including, without limitation, those in which Mortgagor has an interest in mass or a joint or other interest or right of any kind, those which are now or hereafter located on or affixed to the Real Property, and those in transit thereto or in any other location, or used or useful in the operation, use or occupancy of the Real Property or the construction of any improvements thereon, including, without limitation, all of Mortgagor’s right, title and interest in and to the following items (expressly excluding, however, trade fixtures and other personal property of tenants of the Real Property), all of which are collectively referred to as “Personal Property”: (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Mortgagor in common with others and all documents of membership in any owner’s association or similar group; (c) all plans and specifications prepared for construction of the Improvements, and all contracts and agreements of Mortgagor relating to the plans and specifications or to the construction of the Improvements; (d) all art work located on or used in connection with the Real Property or its occupation or occupancy; (e) all equipment, furniture, furnishings, appliances, machinery, fixtures, goods and other personal property, at any time located on or used in connection with the Real Property; (f) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; (g) all leases, license agreements, tenant security deposits, policies of insurance, accounts (including, without limitation, any escrow account described in this Mortgage and all sums on deposit therein), documents, instruments and chattel paper, and other agreements and rights relating to the Real Property, and other general intangibles, including but not limited to all rights under that certain Construction, Operation and Reciprocal Easement Agreement dated as of June 11, 1993 among Mortgagor, The Neiman Marcus Group, Inc., Nordstrom, Inc. and Saks & Company (together with all amendments, modifications, replacements, substitutions and restatements thereof, the “REA”), all governmental permits relating to construction or other activities on the Real Property, all names under or by which the Real Property may at any time be operated or known, including, without limitation, the name “The Mall at Short Hills” and any similar name, all rights to carry on business under any such names, or any variant thereof, all trade names, trademarks and franchises relating in any way to the Real Property, all good will in any way relating to the Real Property, all licenses and permits relating in any way to, or to the operation of, the Real Property, all contractual rights, all options, all purchase orders, all manufacturers’ warranties with respect to improvements, all construction contracts, all maintenance contracts, all service contracts and all of Mortgagor’s claims and rights arising under or pursuant to Section 365 of the Bankruptcy Code, 11 U.S.C. § 365; and (h) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including, without limitation, judgments, condemnation awards or otherwise) and all substitutions, replacements of, and additions to, any of the foregoing items. All of the Real Property and the Personal Property are collectively referred to as the “Property.”

PERSONAL PROPERTY GRANT. Mortgagor irrevocably grants, ----------------------- assigns and warrants to Mortgagee, its successors and assigns, a security interest in Mortgagor’s 's interest in all personal property in all of its forms that Mortgagor now or hereafter owns or in which Mortgagor now or hereafter acquires an interest or right, including, without limitation, those in which Mortgagor has an interest in mass or a joint or other interest or right of any kind, those which are now or hereafter located on or affixed to the Real Property, and those in transit thereto or in any other location, or used or useful in the operation, use or occupancy of the Real Property or the construction of any improvements thereon, including, without limitation, all of Mortgagor’s 's right, title and interest in and to the following items (expressly excluding, however, trade fixtures and other personal property of tenants of the Real Property), all of which are collectively referred to as “"Personal Property”": (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Mortgagor in common with others and all documents of membership in any owner’s 's association or similar group; (c) all plans and specifications prepared for construction of the Improvements, and all contracts and agreements of Mortgagor relating to the plans and specifications or to the construction of the Improvements; (d) all art work located on or used in connection with the Real Property or its occupation or occupancy; (e) all equipment, furniture, furnishings, appliances, machinery, fixtures, goods and other personal property, at any time located on or used in connection with the Real Property; (f) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; (g) all leases, license agreements, tenant security deposits, policies of insurance, accounts (including, without limitation, any escrow account described in this Mortgage and all sums on deposit therein), documents, instruments and chattel paper, and other agreements and rights relating to the Real Property, and other general intangibles, including but not limited to all rights under that certain Construction, Operation and Reciprocal Easement Agreement dated as of June 11, 1993 among Mortgagor, The Neiman Marcus Group, Inc., Nordstrom, Inc. and Saks & Company (together with all amendments, modifications, replacements, substitutions and restatements thereof, the “REA”AREA@), all governmental permits relating to construction or other activities on the Real Property, all names under or by which the Real Property may at any time be operated or known, including, without limitation, the name “"The Mall at Short Hills” " and any similar name, all rights to carry on business under any such names, or any variant thereof, all trade names, trademarks and franchises relating in any way to the Real Property, all good will in any way relating to the Real Property, all licenses and permits relating in any way to, or to the operation of, the Real Property, all contractual rights, all options, all purchase orders, all manufacturers’ ' warranties with respect to improvements, all construction contracts, all maintenance contracts, all service contracts and all of Mortgagor’s 's claims and rights arising under or pursuant to Section 365 of the Bankruptcy Code, 11 U.S.C. § ' 365; and (h) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including, without limitation, judgments, condemnation awards or otherwise) and all substitutions, replacements of, and additions to, any of the foregoing items. All of the Real Property and the Personal Property are collectively referred to as the “"Property.”"

PERSONAL PROPERTY GRANT. Mortgagor Borrower irrevocably grants, assigns assigns, sells, transfers, conveys and warrants to MortgageeLender, its successors and assigns, a security interest in MortgagorBorrower’s interest in all personal property in all of its forms that Mortgagor Borrower now or hereafter owns or in which Mortgagor Borrower now or hereafter acquires an interest or right, including, without limitation, those in which Mortgagor Borrower has an interest in mass or a joint or other interest or right of any kind, those which are now or hereafter located on or affixed to the Real Property, and those in transit thereto or in any other location, or used or useful in the operation, use or occupancy of the Real Property or the construction of any improvements thereon, including, without limitation, all of MortgagorBorrower’s right, title and interest in and to the following items (expressly excluding, however, trade fixtures and other personal property of tenants of the Real Property), all of which are collectively referred to as “Personal Property”: (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Mortgagor Borrower in common with others and all documents of membership in any owner’s association or similar group; (c) all plans and specifications prepared for construction of the Improvements, and all contracts and agreements of Mortgagor Borrower relating to the plans and specifications or to the construction of the Improvements; (d) all art work located on or used in connection with the Real Property or its occupation or occupancy; (e) all equipment, furniture, furnishings, appliances, machinery, fixtures, goods and other personal property, at any time located on or used in connection with the Real Property; (f) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; (g) all leases, license agreements, tenant security deposits, policies of insurance, accounts (including, without limitation, any escrow account described in this Mortgage Security Instrument and all sums on deposit therein), documents, instruments and chattel paper, and other agreements and rights relating to the Real Property, and other general intangibles, including but not limited to all rights under that certain Construction, Operation and Reciprocal Easement Agreement dated as of January 30, 1989 and recorded as Instrument No. R-89-0018519 in the records of City and County of Denver, Colorado, by and among Xxxxxxx-Xxxxxx Creek Limited Partnership, a Colorado limited partnership (“Initial Developer”), May, Saks Fifth Avenue, Inc., a Massachusetts corporation (“Saks”), Adcor Realty Corp, a New York corporation, and Neiman, as assigned and/or amended by: First Amendment to Construction, Operation and Reciprocal Easement Agreement dated as of June 5, 1998, by and among Initial Developer, May, Neiman, and Saks; Second Amendment to Construction, Operation and Reciprocal Easement Agreement dated as of May 19, 2005 and recorded February 6, 2006 as Instrument No. 2006023329 in the records of the City and County of Denver, Colorado, by and among Initial Developer, May, Nordstrom, Neiman, and Saks; Supplement to Construction, Operation and Reciprocal Easement Agreement dated as of May 19, 2005, by and among Initial Developer, May, Nordstrom, and Neiman; Assignment and Assumption of XXXXX dated May 11, 1993 2006 and recorded May 16, 2006 as Instrument No. 2006078035 in the records of City and County of Denver, Colorado, by and between Initial Developer and Borrower; Third Amendment to Construction, Operation and Reciprocal Easement Agreement dated as of October 31, 2006 and recorded December 8, 2006 as Instrument No. 2006195435 in the records of the City and County of Denver, Colorado, by and among MortgagorBorrower, The Neiman Marcus GroupFederated Retail Holdings, Inc., a New York corporation (f/k/a May), Nordstrom, Neiman, and Saks; Assignment and Assumption Agreement dated as of March 31, 2011 and recorded April 5, 2011 as Instrument No. 0000000000 in the records of the City and County of Denver, Colorado, by and between Saks and Borrower; and Fourth Amendment to Construction, Operation and Reciprocal Easement Agreement dated as of May 15, 2014 and recorded July 14, 2014 as Instrument No. 2014083490 in the records of the City and County of Denver, Colorado, by and among Borrower, Macy’s West Stores, Inc., an Ohio corporation f/k/a Federated Retail Holdings, Inc., Nordstrom, Inc. and Saks & Company The Neiman Marcus Group LLC, a Delaware limited liability company (together with all amendments, modifications, replacements, substitutions and restatements thereof, the “REA”), all governmental permits relating to construction or other activities on the Real Property, all names under or by which the Real Property may at any time be operated or known, including, without limitation, the name “The Mall at Short HillsCherry Creek Shopping Center” and any similar name, all rights to carry on business under any such names, or any variant thereof, all trade names, trademarks and franchises relating in any way to the Real Property, all good will in any way relating to the Real Property, all licenses and permits relating in any way to, or to the operation of, the Real Property, all contractual rights, all options, all purchase orders, all manufacturers’ warranties with respect to improvements, all construction contracts, all maintenance contracts, all service contracts and all of MortgagorBorrower’s claims and rights arising under or pursuant to Section 365 of the Bankruptcy Code, 11 U.S.C. § 365; and (h) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including, without limitation, judgments, condemnation awards or otherwise) and all substitutions, replacements of, and additions to, any of the foregoing items. All of the Real Property and the Personal Property are collectively referred to as the “Property.”

PERSONAL PROPERTY GRANT. Mortgagor irrevocably grants, assigns assigns, sells, transfers, conveys and warrants to Mortgagee, its successors and assigns, a security interest in Mortgagor’s interest in all personal property in all of its forms that Mortgagor now or hereafter owns or in which Mortgagor now or hereafter acquires an interest or right, including, without limitation, those in which Mortgagor has an interest in mass or a joint or other interest or right of any kind, those which are now or hereafter located on or affixed to the Real Property, and those in transit thereto or in any other location, or used or useful in the operation, use or occupancy of the Real Property or the construction of any improvements thereon, including, without limitation, all of Mortgagor’s right, title and interest in and to the following items (expressly excluding, however, trade fixtures and other personal property of tenants of the Real Property), all of which are collectively referred to as “Personal Property”: (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all ll rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Mortgagor in common with others and all documents of membership in any owner’s association or similar group; (c) all plans and specifications prepared for construction of the Improvements, and all contracts and agreements of Mortgagor relating to the plans and specifications or to the construction of the Improvements; (d) all art work located on or used in connection with the Real Property or its occupation or occupancy; (e) all equipment, furniture, furnishings, appliances, machinery, fixtures, goods and other personal property, at any time located on or used in connection with the Real Property; (f) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; (g) all leases, license agreements, tenant security deposits, policies of insurance, accounts (including, without limitation, any escrow account described in this Mortgage and all sums on deposit therein), documents, instruments and chattel paper, and other agreements and rights relating to the Real Property, and other general intangibles, including but not limited to all rights under that certain Construction, Operation and Reciprocal Easement Agreement dated as of June 11, 1993 among Mortgagor, The Neiman Marcus Group, Inc., Nordstrom, Inc. and Saks & Company (together with all amendments, modifications, replacements, substitutions and restatements thereof, the “REA”), all governmental permits relating to construction or other activities on the Real Property, all names under or by which the Real Property may at any time be operated or known, including, without limitation, the name “The Mall at Short Hills” and any similar name, all rights to carry on business under any such names, or any variant thereof, all trade names, trademarks and franchises relating in any way to the Real Property, all good will in any way relating to the Real Property, all licenses and permits relating in any way to, or to the operation of, the Real Property, all contractual rights, all options, all purchase orders, all manufacturers’ warranties with respect to improvements, all construction contracts, all maintenance contracts, all service contracts and all of Mortgagor’s claims and rights arising under or pursuant to Section 365 of the Bankruptcy Code, 11 U.S.C. § 365; and (h) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including, without limitation, judgments, condemnation awards or otherwise) and all substitutions, replacements of, and additions to, any of the foregoing items. All of the Real Property and the Personal Property are collectively referred to as the “Property.”

PERSONAL PROPERTY GRANT. Mortgagor irrevocably sells, transfers, grants, conveys, assigns and warrants to Mortgagee, its successors and assigns, a continuing lien on and security interest in MortgagorXxxxxxxxx’s interest in all the following personal property in all of its forms that Mortgagor property, whether now owned or existing or hereafter owns acquired or in arising, which Mortgagor now or hereafter acquires an interest or right, including, without limitation, those in which Mortgagor has an interest in mass or a joint or other interest or right of any kind, those which are now or hereafter located on or affixed to the Real Property, and those in transit thereto or in any other location, or used or useful in the operation, use or occupancy of the Real Property or the construction of any improvements thereon, including, without limitation, all of Mortgagor’s right, title and interest in and to the following items (expressly excluding, however, trade fixtures and other personal property of tenants of the Real Property), all of which are is collectively referred to as “Personal Property”: (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Mortgagor in common with others and all documents of membership in any owner’s association or similar group; (c) all plans and specifications prepared for construction of the Improvements, ; and all contracts and agreements of Mortgagor relating to the plans and specifications or to the construction of the Improvements; (d) all art work located on or used in connection with the Real Property or its occupation or occupancy; (e) all equipment, furniture, furnishings, appliances, machinery, fixtures, goods goods, accounts, general intangibles, letter of credit rights, commercial tort claims, deposit accounts, documents, instruments and chattel paper (including without limitation all monies, instruments, and general intangibles now or hereafter delivered to Mortgagee comprising any escrow, reserve or other personal propertysecurity), at and all earnings on, substitutions for, replacements of, and additions to, any time located on or used in connection with of the Real Propertyforegoing; (fe) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; (g) all leases, license agreements, tenant security deposits, policies of insurance, accounts (including, without limitation, any escrow account described in this Mortgage and all sums on deposit therein), documents, instruments and chattel paper, and other agreements and rights relating to the Real Property, and other general intangibles, including but not limited to all rights under that certain Construction, Operation and Reciprocal Easement Agreement dated as of June 11, 1993 among Mortgagor, The Neiman Marcus Group, Inc., Nordstrom, Inc. and Saks & Company (together with all amendments, modifications, replacements, substitutions and restatements thereof, the “REA”), all governmental permits relating to construction or other activities on the Real Property, all names under or by which the Real Property may at any time be operated or known, including, without limitation, the name “The Mall at Short Hills” and any similar name, all rights to carry on business under any such names, or any variant thereof, all trade names, trademarks and franchises relating in any way to the Real Property, all good will in any way relating to the Real Property, all licenses and permits relating in any way to, or to the operation of, the Real Property, all contractual rights, all options, all purchase orders, all manufacturers’ warranties with respect to improvements, all construction contracts, all maintenance contracts, all service contracts and all of Mortgagor’s claims and rights arising under or pursuant to Section 365 of the Bankruptcy Code, 11 U.S.C. § 365; and (hf) all proceeds of any of the foregoing, including without limitation all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including, without limitation, including judgments, condemnation awards or otherwise) and all substitutions, replacements of, and additions to, any of the foregoing items). All of the Real Property and the Personal Property are collectively referred to as the “Property.”” Mortgagor authorizes Mortgagee and its counsel, to the extent permitted by law, to file UCC financing statements in form and substance reasonably satisfactory to Mortgagee describing the collateral in any lawful manner, including as all assets of Mortgagor whether now owned or existing or hereafter acquired or arising and wheresoever located, including all accessions thereto and products and proceeds thereof, or using words with similar effect.

PERSONAL PROPERTY GRANT. Mortgagor irrevocably grants, assigns assigns, sells, transfers, conveys and warrants to Mortgagee, its successors and assigns, a security interest in Mortgagor’s interest interest, if any, in all personal property in all of its forms that Mortgagor now or hereafter owns or in which Mortgagor now or hereafter acquires an interest or right, including, without limitation, those in which Mortgagor has an interest in mass or a joint or other interest or right of any kind, those which are now or hereafter located on or affixed to the Real Property, and those in transit thereto or in any other location, or used or useful in the operation, use or occupancy of the Real Property or the construction of any improvements thereon, including, without limitation, all of Mortgagor’s right, title and interest in and to the following items (expressly excluding, however, trade fixtures and other personal property of tenants of the Real Property), all of which are collectively referred to as “Personal Property”: (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Mortgagor in common with others and all documents of membership in any owner’s association or similar group; (c) all plans and specifications prepared for construction of the Improvements, and all contracts and agreements of Mortgagor relating to the plans and specifications or to the construction of the Improvements; (d) all art work located on or used in connection with the Real Property or its occupation or occupancy; (e) all equipment, furniture, furnishings, appliances, machinery, fixtures, goods and other personal property, at any time located on or used in connection with the Real Property; (f) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; (g) all leases, license agreements, tenant security deposits, policies of insurance, accounts (including, without limitation, any escrow account described in this Mortgage and all sums on deposit therein), documents, instruments and chattel paper, and other agreements and rights relating to the Real Property, and other general intangibles, including but not limited to all rights under that certain (i) Construction, Operation and Reciprocal Easement Agreement dated November 16, 1999, recorded in Official Records Book 9922, Page 1459, as amended in Official Records Book 10753, Page 0500 and as further amended in Official Records Book 12519, Page 251, all of June 11the Public Records of Hillsborough County, 1993 among MortgagorFlorida and (ii) Amended and Restated Development, The Neiman Marcus GroupUse and Reciprocal Easement Agreement dated September 3, Inc.1988 recorded in Official Records Book 9227, NordstromPage 556, Inc. as modified by a First Amendment recorded in Official Records Book 10372, Page 1 and Saks & Company by a Second Amendment recorded in Official Records Book 10372, Page 7 and further modified by Releases of Liens recorded in Official Records Book 10372, Page 26 and Release of Easement Rights recorded in Official Records Book 16455, Page 336 and Release of Easement Rights recorded in Official Records Book 17689, Page 1895, as further modified by a Third Amendment to Amended and Restated Development, Use and Reciprocal Easement Agreement recorded in Official Records Book 18386, Page 21, all of the Public Records of Hillsborough County, Florida (together with all amendments, modifications, replacements, substitutions and restatements thereof, collectively, the “REA”), all governmental permits relating to construction or other activities on the Real Property, all names under or by which the Real Property may at any time be operated or known, including, without limitation, the name “The Mall at Short HillsInternational Plaza” and any similar name, all rights to carry on business under any such names, or any variant thereof, all trade names, trademarks and franchises relating in any way to the Real Property, all good will in any way relating to the Real Property, all licenses and permits relating in any way to, or to the operation of, the Real Property, all contractual rights, all options, all purchase orders, all manufacturers’ warranties with respect to improvements, all construction contracts, all maintenance contracts, all service contracts and all of Mortgagor’s claims and rights arising under or pursuant to Section 365 of the Bankruptcy CodeSxxxxxx 000 xx xxx Xxxxxxxxxx Xxxx, 11 U.S.C. § 36500 X.X.X. §000; and (h) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including, without limitation, judgments, condemnation awards or otherwise) and all substitutions, replacements of, and additions to, any of the foregoing items. All of the Real Property and the Personal Property are collectively referred to as the “Property”.”

PERSONAL PROPERTY GRANT. Mortgagor Grantor irrevocably sells, transfers, grants, conveys, assigns and warrants to MortgageeBeneficiary, its successors and assigns, a security interest in Mortgagor’s Grantor's interest in all personal property in all of its forms that Mortgagor Grantor now or hereafter owns or in which Mortgagor Grantor now or hereafter acquires an interest or right, including, without limitation, those in which Mortgagor Grantor has an interest in mass or a joint or other interest or right of any kind, those which are now or hereafter located on or affixed to the Real Property, and those in transit thereto or in any other location, or used or useful in the operation, use or occupancy of the Real Property or the construction of any improvements thereon, including, without limitation, all of Mortgagor’s Grantor's right, title and interest in and to the following items (expressly excluding, however, trade fixtures and other personal property of tenants of the Real Property), all of which are collectively referred to as “Personal Property”"PERSONAL PROPERTY": (a) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property; (b) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Mortgagor Grantor in common with others and all documents of membership in any owner’s 's association or similar group; (c) all plans and specifications prepared for construction of the Improvements, and all contracts and agreements of Mortgagor Grantor relating to the plans and specifications or to the construction of the Improvements; (d) all art work located on or used in connection with the Real Property or its occupation or occupancy; (e) all equipment, furniture, furnishings, appliances, machinery, fixtures, goods and other personal property, at any time located on or used in connection with the Real PropertyProperty (expressly excluding, however, that certain 1997 Dodge T300 truck having a vehicle identification number of 0X0XX00X0XX000000); (f) all a sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale; (g) all leases, license agreements, tenant security deposits, policies of insurance, accounts (including, without limitation, any escrow account described in this Mortgage Deed of Trust and all sums on deposit therein), documents, instruments and chattel paper, and other agreements and rights relating to the Real Property, and other general intangibles, including but not limited to all rights under that certain Construction, Operation and Reciprocal Easement Agreement dated as of June 11, 1993 among Mortgagor, The Neiman Marcus Group, Inc., Nordstrom, Inc. and Saks & Company (together with all amendments, modifications, replacements, substitutions and restatements thereof, the “REA”), all governmental permits relating to construction or other activities on the Real Property, all names under or by which the Real Property may at any time be operated or known, including, without limitation, the name “The Mall at Short Hills” "Arlington Square" and any similar name, all rights to carry on business under any such names, or any variant thereof, all trade names, trademarks and franchises relating in any way to the Real Property, all good will in any way relating to the Real Property, all licenses and permits relating in any way to, or to the operation of, the Real Property, all contractual rights, all options, all purchase orders, all manufacturers’ ' warranties with respect to improvements, all construction contracts, all maintenance contracts, all service contracts and all of Mortgagor’s Grantor's claims and rights arising under or pursuant to Section 365 of the Bankruptcy Code, 11 U.S.C. § Section 365; (h) the items of personal property listed on EXHIBIT "C" annexed hereto; and (hi) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including, without limitation, judgments, condemnation awards or otherwise) and all substitutions, replacements of, and additions to, any of the foregoing items. All of the Real Property and the Personal Property are collectively referred to as the “"Property.”"