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heating, ventilating, air conditioning, sprinkling and plumbing fixtures, water and power systems,
<br />engines and machinery, boilers, ranges, ovens, dishwashers, carpeting, mirrors, mantels,
<br />furnaces, oil burners, elevators and motors, refrigeration, electrical equipment, storm and screen
<br />windows, doors, awnings and shades, and all other fixtures of every description now or hereafter
<br />found or used upon or appurtenant to the Land or any improvement thereon, (iv) all carpeting,
<br />drapes, curtains, furniture, furnishings, appliances, maintenance equipment, and all other
<br />personal property of Mortgagor now or hereafter installed or placed in or about, or used in
<br />connection with the use, operation, or maintenance of, the Land or any building, structure, or
<br />other improvement or fixture, (v) all additions, accessions, increases, parts, fittings, accessories,
<br />replacements, substitutions, betterments, repairs, and proceeds of or to any or all of the
<br />foregoing, and (vi) all hereditaments, easements, appurtenances, rents, issues, profits,
<br />condemnation awards, royalties and mineral, oil and gas rights now and hereafter belonging or
<br />pertaining in any way to the Land or any improvement or fixture now or hereafter located thereon
<br />(all of the foregoing, together with the Land, are herein called the "Mortgaged Property").
<br />TO HAVE AND TO HOLD, the Mortgaged Property unto Mortgagee, its successors and
<br />assigns, forever.
<br />PROVIDED, NEVERTHELESS, that if Mortgagor (i) shall pay to Mortgagee when due
<br />the sum of Four Hundred Thousand and No/100 Dollars ($400,000.00) (the "Loan"), together
<br />with interest thereon in accordance with the terms of that certain Promissory Note (the "Note") of
<br />Mortgagor, of even date herewith, payable to the order of Mortgagee, which Note is payable in
<br />full on ,and (ii) shall also pay all other sums, with interest
<br />thereon, as may be payable by Mortgagor to Mortgagee in accordance with this Mortgage, or the
<br />payment of which may now or hereafter be secured by this Mortgage, including, but not limited
<br />to, all prepayment charges payable upon the occurrence of an Event of Default as defined herein,
<br />and all amounts disbursed or incurred by Mortgagee in exercising any rights and remedies under
<br />this Mortgage the Development Agreement, the Note or the Loan Agreement, including, without
<br />limitation, all reasonable attorney's fees (the indebtedness evidenced by the Note, or any
<br />instrument issued in substitution therefor, or in renewal, or as a refinancing thereof, and all such
<br />other sums are collectively the "Indebtedness"), and (iii) shall also keep and perform all and
<br />singular the covenants and warranties herein contained on the part of Mortgagor to be kept and
<br />performed, then this Mortgage shall be null and void; otherwise this Mortgage shall be and
<br />remain in full force and effect.
<br />Mortgagor warrants and covenants that: (i) it is lawfully seized in fee simple of the
<br />Mortgaged Property that is real property as described in the attached Exhibit A, and is the
<br />absolute owner of the Mortgaged Property that is personal property, (ii) it has the right and power
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