Common use of REAL PROPERTY DESCRIPTION Clause in Contracts

REAL PROPERTY DESCRIPTION. The defined term “Real Property” as used henceforth in this Agreement shall include all of the rights, title and interest of the Property LLCs in and to the Properties more fully described on Xxxxxxxx X(0), X(0), X(0) X(0), X(0), A(6) and A(7) together with all of the Property LLCs’ right, title and interest in and to all buildings, structures, fixtures, parking areas, easements, rights-of-way and improvements on the real property included in the Properties, including without limitation all (if any) of the Property LLCs’ personal and other property related to or located on the Properties and used or useful in the operation of the Properties, such as (i) tangible personal property (i.e., supplies, vehicles, machinery, equipment, furniture and trade fixtures, computers and related hardware and software), (ii) agreements, contracts, subcontracts, warranties, guarantees, or other similar arrangements or rights thereunder, (iii) franchises, approvals, consents, permits, licenses, orders, registrations, certificates, certificates of occupancy, exemptions and similar rights obtained from governments or agencies or any other written authorizations necessary for the use or ownership of the Properties, (iv) all right, title and interest, if any, of the Property LLCs and the Contributor in and to any land lying in the bed of any street, road or avenue opened or proposed in front of or adjoining the Properties to the center line thereof, and all (if any) right, title and interest of the Property LLCs and the Contributor in and to any award or payment made, or to be made (x) for any taking in condemnation, eminent domain or agreement in lieu thereof of land adjoining all or any part of the Properties; (y) for damage to the Properties or any part thereof by reason of change of grade or closing of any such street, road, highway or avenue; and (z) for any taking in condemnation or eminent domain of any part of the Properties, (v) leases, subleases, licenses and other occupancy agreements to which any of the Property LLCs is a party and, except as otherwise expressly provided in Section 9.E of this Agreement, the rents, profits and other rights granted thereunder, (vi) prepayments and, except as otherwise expressly provided in Section 9.E of this Agreement, deferred items, claims, deposits, refunds, causes of action and rights of recovery, (vii) except as otherwise expressly provided in Section 9.E of this Agreement, accounts, accounts receivable, reserve funds, notes and other receivables, (viii) telephone numbers, books, records, ledgers, files, documents, correspondence and lists, (ix) drawings and specifications, architectural plans, advertising and promotional materials, studies and reports, (x) intangibles including trade or business names, logos, trademarks, goodwill and going concern value and (xi) utilities, reservations, hereditaments, privileges, tenements, opportunities, strips, gores, easements and other rights and benefits running with the land. The term “Real Property” shall not include any current or contingent debts, liabilities or obligations of the Property LLCs, except the Existing Mortgage Liens, as defined below.

REAL PROPERTY DESCRIPTION. The defined term “Real Property” as used henceforth in this Agreement Property shall include all of the rights, title and interest of the Property LLCs Xxxxxxxxx LLC in and to the Properties Real Property, with respect to the Real Property, as more fully described on Xxxxxxxx X(0)Exhibit A attached to this Agreement and incorporated herein by this reference, X(0), X(0) X(0), X(0), A(6) and A(7) together with all of the Property LLCs’ Xxxxxxxxx LLC’s right, title and interest in and to all buildings, structures, fixtures, parking areas, easements, rights-of-way and improvements on the real property included in the PropertiesReal Property, including without limitation all (if any) of the Property LLCs’ Xxxxxxxxx LLC’s personal and other property related to or located on the Properties real property and used or useful in the operation of Xxxxxxxxx LLC’s self-storage business at the Propertieslocation of the Real Property, such as (i) tangible personal property (i.e., supplies, vehicles, machinery, equipment, furniture and trade fixtures, computers and related hardware and software), (ii) agreements, contracts, subcontracts, warranties, guarantees, or other similar arrangements or rights thereunder, (iii) franchises, approvals, consents, permits, licenses, orders, registrations, certificates, certificates of occupancy, exemptions and similar rights obtained from governments or agencies or any other written authorizations necessary for the use or ownership of the PropertiesReal Property, (iv) all right, title and interest, if any, of the Property LLCs Xxxxxxxxx LLC and the any Contributor in and to any land lying in the bed of any street, road or avenue opened or proposed in front of or adjoining the Properties Real Property to the center line thereof, and all (if any) right, title and interest of the Property LLCs Xxxxxxxxx LLC and the any Contributor in and to any award or payment made, or to be made (x) for any taking in condemnation, eminent domain or agreement in lieu thereof of land adjoining all or any part of the PropertiesReal Property; (y) for damage to the Properties Real Property or any part thereof by reason of change of grade or closing of any such street, road, highway or avenue; and (z) for any taking in condemnation or eminent domain of any part of the PropertiesReal Property, (v) leases, subleases, licenses and other occupancy agreements to which any of the Property LLCs is a party andagreements, except as otherwise expressly provided in Section 9.E of this Agreement, the rents, profits and all other rights granted thereunder, (vi) prepayments and, except as otherwise expressly provided in Section 9.E of this Agreement, and deferred items, claims, deposits, refunds, causes of action and rights of recovery, (vii) except as otherwise expressly provided in Section 9.E of this Agreement, accounts, accounts receivable, reserve funds, notes notes, leases and other receivables, (viii) telephone numbers, books, records, ledgers, files, documents, correspondence and lists, (ix) drawings and specifications, architectural plans, advertising and promotional materials, studies and studies, reports, (x) intangibles including trade or business names, logos, trademarks, goodwill and going concern value and (xi) utilities, reservations, hereditaments, privileges, tenements, opportunities, strips, gores, easements and other rights and benefits running with the land. The term “Real Property” shall not include any current or contingent debts, liabilities or obligations of the Property LLCsXxxxxxxxx LLC, except the Existing Mortgage Liensfor those liabilities secured by that certain Deed of Trust, dated December 19, 2001, among Xxxxxxxxx LLC, whose address is 0000 Xxxxxxxx Xxxx., Xxxxx 000, Xxxxx Xxxxxx, XX 00000, as defined belowtrustor, Foothill Independent Bank, whose address is Corporate Office, 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxx, XX 00000, as lender, and Fidelity National Title Company, whose address is 00000 Xxxxxxx Xxxxxxxxx, Xxxxxxx, XX 00000, as trustee (the “Deed of Trust”).

REAL PROPERTY DESCRIPTION. The defined term “Real Property” as used henceforth in this Agreement Property shall include all of the rights, title and interest of the Property LLCs Venice Ltd. in and to the Properties Real Property, with respect to the Real Property, as more fully described on Xxxxxxxx X(0)Exhibit A attached to this Agreement and incorporated herein by this reference, X(0), X(0) X(0), X(0), A(6) and A(7) together with all of the Property LLCs’ Venice Ltd.’s right, title and interest in and to all buildings, structures, fixtures, parking areas, easements, rights-of-way and improvements on the real property included in the PropertiesReal Property, including without limitation all (if any) of the Property LLCs’ Venice Ltd.’s personal and other property related to or located on the Properties real property and used or useful in the operation of Venice Ltd.’s self-storage business at the Propertieslocation of the Real Property, such as (i) tangible personal property (i.e., supplies, vehicles, machinery, equipment, furniture and trade fixtures, computers and related hardware and software), (ii) agreements, contracts, subcontracts, warranties, guarantees, or other similar arrangements or rights thereunder, (iii) franchises, approvals, consents, permits, licenses, orders, registrations, certificates, certificates of occupancy, exemptions and similar rights obtained from governments or agencies or any other written authorizations necessary for the use or ownership of the PropertiesReal Property, (iv) all right, title and interest, if any, of the Property LLCs Venice Ltd. and the any Contributor in and to any land lying in the bed of any street, road or avenue opened or proposed in front of or adjoining the Properties Real Property to the center line thereof, and all (if any) right, title and interest of the Property LLCs Venice Ltd. and the any Contributor in and to any award or payment made, or to be made (x) for any taking in condemnation, eminent domain or agreement in lieu thereof of land adjoining all or any part of the PropertiesReal Property; (y) for damage to the Properties Real Property or any part thereof by reason of change of grade or closing of any such street, road, highway or avenue; and (z) for any taking in condemnation or eminent domain of any part of the PropertiesReal Property, (v) leases, subleases, licenses and other occupancy agreements to which any of the Property LLCs is a party andagreements, except as otherwise expressly provided in Section 9.E of this Agreement, the rents, profits and all other rights granted thereunder, (vi) prepayments and, except as otherwise expressly provided in Section 9.E of this Agreement, and deferred items, claims, deposits, refunds, causes of action and rights of recovery, (vii) except as otherwise expressly provided in Section 9.E of this Agreement, accounts, accounts receivable, reserve funds, notes notes, leases and other receivables, (viii) telephone numbers, books, records, ledgers, files, documents, correspondence and lists, (ix) drawings and specifications, architectural plans, advertising and promotional materials, studies and studies, reports, (x) intangibles including trade or business names, logos, trademarks, goodwill and going concern value and (xi) utilities, reservations, hereditaments, privileges, tenements, opportunities, strips, gores, easements and other rights and benefits running with the land. The term “Real Property” shall not include any current or contingent debts, liabilities or obligations of the Property LLCsVenice Ltd., except the Existing Mortgage Liensfor those liabilities secured by that certain Deed of Trust and Security Agreement entered into by Venice Ltd., as defined belowTrustor, to Fidelity National Title Company, as Trustee, for the benefit of Prudential Mortgage Capital Company, Inc., as Beneficiary, dated as of July 14, 2003 (the “Deed of Trust”).