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1.1.5 Goods, Materials, Fixtures, etc. All goods, materials, supplies, chattels,
<br /> furniture, appliances, furnishings, fixtures, equipment and machinery now or later to be attached to, placed in or on, or
<br /> used in connection with the use, enjoyment, occupancy or operation of all or any part of the Project (defined below),
<br /> whether stored on the Land or elsewhere, all of which shall be considered to the fullest extent of the law to be real
<br /> property for purposes of this Deed of Trust;
<br /> 1.1.6 Construction Materials and Equipment. All building materials, equipment,
<br /> work in process or other personal property of any kind, whether stored on the Land or elsewhere, that have been or
<br /> later will be acquired for the purpose of being delivered to, incorporated into, or installed in or about the Land or
<br /> Improvements;
<br /> 1.1.7 Rent,Issues,and Profits. Subject to the rights of Beneficiary under Section 5
<br /> hereof, all income, rents, security or similar deposits, revenues, issues, royalties, profits, leases, earnings, products
<br /> and proceeds of the Land or Improvements, including, without limitation, all rights to the payment of money, accounts,
<br /> accounts receivable, reserves, deferred payments, refunds, cost savings, insurance or condemnation proceeds,
<br /> payments and deposits, and any proceeds from the sale of any lots comprising the Land and any residences
<br /> constructed thereon, and any deposits on account thereof(collectively,the"Rents,Issues and Profits");
<br /> 1.1.8 Contracts and Plans. All contracts of every kind relating to development,
<br /> construction, marketing, and sale of the Project, including, without limitation, any construction contracts and
<br /> subcontracts, contracts with architects, engineers, and other service providers, supply contracts, consulting
<br /> agreements, financing commitments and agreements, joint development agreements, service and maintenance
<br /> agreements, marketing and listing agreements, lot reservation agreements, and purchase and sale agreements, and
<br /> any other existing and future contracts of any kind relating to the Project, together with all deposits, escrows,
<br /> payments, or other proceeds thereunder, as well as all existing and future amendments, modifications, and
<br /> supplements thereof(collectively, the"Contracts"); and all designs,drawings, plans, specifications, trademarks, logos,
<br /> and other work product prepared or to be prepared in connection with the development, construction, marketing, and
<br /> sale of the Project (as defined below), together with all existing and future amendments, modifications, and
<br /> supplements thereof(collectively, the"Plans");
<br /> 1.1.9 Insurance. All insurance policies pertaining to the Collateral or Grantor's
<br /> operations thereon; together with all proceeds thereof and rights thereto, including: all unearned premiums returnable
<br /> upon cancellation; all claims to and demands for them, of the voluntary or involuntary conversion of any of the Land,
<br /> Improvements or the other Collateral described above into cash or liquidated claims, including proceeds of all present
<br /> and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be
<br /> made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any
<br /> condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to
<br /> the Land, Improvements or the other Collateral described herein or any part of that Collateral, or breach of warranty in
<br /> connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or
<br /> concealment of a material;
<br /> 1.1.10 Miscellaneous Personal Property. Any and all personal property of any kind
<br /> whatsoever,whether tangible or intangible, that is used or will be used in construction of,or is or will be placed upon or
<br /> is derived from or used in any connection with the use,occupancy or enjoyment of,the Land or Improvements;
<br /> 1.1.11 Books and Records. All books and records pertaining to any and all of the
<br /> property described above, including records stored on computer readable media, and a limited sublicense to use the
<br /> computer hardware or software necessary to access such records("Books and Records");
<br /> 1.1.12 Additional Property. Any additional personal property otherwise set forth
<br /> herein or listed on any UCC-1 financing statement filed to perfect Beneficiary's security interest hereunder;
<br /> Everett Deed of Trust-Lot 1 Page 3
<br /> ND:19652.017 4822-1832-5829v1
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