Laserfiche WebLink
(1) Any and all severed and extracted Minerals produced from or allocated or <br />attributed to any of the estates, property, interests or rights described or referred to <br />above or herein or any other interest of Grantor in, to and under or that covers, <br />affects or otherwise relates to the Lands or the Mine or to any of the estates, <br />property, interests or rights described or referred to above or herein; <br />2. Any and all accounts, as- extracted collateral, chattel paper, commodity accounts, <br />commodity contracts, deposit accounts, documents, equipment, fixtures, general <br />intangibles, goods, instruments, inventory, investment property, letter -of- credit rights, <br />payment intangibles, proceeds, promissory notes, software and chattel paper (as such <br />terms are defined in the applicable Uniform Commercial Code) in any way relating, <br />belonging, incidental or appertaining to the estates, property, interests and rights <br />described or referred to above or herein; <br />3. Any and all renewals, extensions and restatements of, modifications, changes, <br />amendments and supplements to, and substitutions for the estates, property, interests and <br />rights described or referred to above or herein, and all additions and accessions thereto; <br />4. Any and all of the rights, privileges, benefits, hereditaments and appurtenances in <br />any way relating, belonging, incidental or appertaining to the estates, property, interests <br />and rights described or referred to above or herein; and <br />5. Any and all of the proceeds and products of the estates, property, interests and <br />rights described or referred to above or herein, including, without limitation, <br />condemnation awards and the proceeds of any and all insurance policies (including title <br />insurance policies as well as other types of insurance policies) covering all or any part <br />of said estates, property, interests or rights and, to the extent they may constitute <br />proceeds, instruments, accounts, securities, general intangibles, contract rights and <br />inventory. <br />(Collectively, the "Red Arrow Collateral "). See Red Arrow Deed of Trust, pp. 2 -6. <br />9. According to the terms and provisions of the Red Arrow Deed of Trust, to further <br />secure the indebtedness owing to the Lender by Defendant APG under the Red Arrow Note, <br />Defendants irrevocably assigned to the Lender all of its right, title and interest in and to: <br />all leases and subleases of the Red Arrow Collateral or any portion thereof, and all other <br />agreements of any kind relating to the use or occupancy of the Red Arrow Collateral or <br />any portion thereof, whether now existing or entered into after the date hereof <br />(collectively, the "Leases "); provided, however, the renting of hotel guest rooms in the <br />ordinary course of business conducted on the Red Arrow Collateral shall not be construed <br />to be "Leases "; and (b) the rents, issues, deposits, profits and revenues of the Red Arrow <br />Collateral, and the operations conducted thereon, including, without limitation, all <br />amounts payable and all rights and benefits accruing to Grantor under the Leases and <br />from all other activities and operations of the hotels that are a part of the Red Arrow <br />Collateral ( "Payments "). The term "Leases" shall also include all guarantees of and <br />security for the lessees' performance thereunder, and all amendments, extensions, <br />HRODEN\ 1646830 1 <br />