Common use of DESCRIPTION OF THE PROPERTY Clause in Contracts

DESCRIPTION OF THE PROPERTY. In consideration of the mutual undertakings of the parties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest including all rents, issues and profits in and to the following: (a) That certain real property located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ in the City of Corona, County of Riverside, State of California, as more particularly described on Exhibit A-1, attached hereto (the “Land”), together with one (1) industrial building of approximately 168,450 square feet inclusive of an approximately 9,296 square feet of two (2) story office space (“Building”), as more particularly depicted on Exhibit A-2, attached hereto and all other improvements located thereon (collectively, the “Improvements”) being part of the Land; (b) All rights, privileges, easements and appurtenances to the Land and the Improvements, if any, including, without limitation, all of Seller’s right, title and interest, if any, in and to all easements; any interest in any public streets, roads or rights-of-way adjacent to or abutting the Land; all of Seller’s right, title and interest, if any, in and to any and all oil, natural gas, other hydrocarbon substances, or other minerals underlying the Land; and any and all other reversions, remainders and appurtenances pertaining to or benefiting the Land and other appurtenances used or connected with the beneficial use or enjoyment of the Land, the Building and the Improvements (the Land, the Building, and the Improvements and all such easements and appurtenances are sometimes collectively hereinafter referred to as the “Real Property”); (c) All personal property and fixtures (if any) owned by Seller and located on or upon the Building, the Land and Improvements (the “Personal Property”); and (d) A non-exclusive license to use any trademarks and trade names used in connection with the Real Property, but only to the extent that the same are not trademarks or trade names of Seller or any of Seller’s affiliated companies (collectively, the “Trade Name”), together with Seller’s interest in and to any service contracts (collectively, the “Service Contracts”) as set forth on Exhibit B attached hereto, guarantees, licenses, entitlements, approvals, certificates, permits and warranties relating to the Property (as hereinafter defined), to the extent assignable (collectively, the “Intangible Property”). Use of the Trade Name, West Corona Corporate Center, shall be subject at all times during the period of ownership or control of the Property by Seller to the rights of an affiliate of Seller, Panattoni Development Company, Inc. (“Panattoni”), to use the name of the project, West Corona Corporate Center, for promoting the development of the Project by Panattoni. (e) The Real Property, the Personal Property and the Intangible Property are collectively hereinafter referred to as the “Property”.

DESCRIPTION OF THE PROPERTY. In consideration of the mutual undertakings of the parties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller’s right, title and interest including all rents, issues and profits in and to the following: (a) That certain real property located at known as The Tower on ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ in the City of CoronaIrving, County of RiversideTexas, State of California, as more particularly described on Exhibit A-1, A attached hereto and incorporated herein by this reference (the “Land”), together with one (1) industrial building of approximately 168,450 square feet inclusive of an approximately 9,296 square feet of two (2) story office space (“Building”), as more particularly depicted on Exhibit A-2, attached hereto and all other any improvements located thereon including, without limitation, all buildings, structures and facilities (collectively, the “Improvements”) being part of the Land); (b) All of Seller’s interest as lessor in all leases covering the Land and Improvements identified on the Schedule of Leases attached hereto as Exhibit B (said leases, together with any and all amendments, modifications or supplements thereto and guaranties thereof, are hereinafter referred to collectively as the “Leases”), together with all leases of the Real Property hereafter entered into by Seller in accordance with the terms and conditions of this Agreement; (c) All rights, privileges, easements and appurtenances to the Land and the Improvements, if any, including, without limitation, all of Seller’s right, title and interest, if any, in and to all mineral and water rights and all easements; any interest in any public streets, roads or rights-of-way adjacent to or abutting the Land; all of Seller’s right, title and interest, if any, in and to any and all oil, natural gas, other hydrocarbon substances, or other minerals underlying the Land; and any and all other reversions, remainders and appurtenances pertaining to or benefiting the Land and other appurtenances used or connected with the beneficial use or enjoyment of the Land, the Building Land and the Improvements (the Land, the Building, and the Improvements and all such easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes collectively hereinafter referred to as the “Real Property”); (cd) All furniture, appliances, equipment, personal property and fixtures (if any) owned by Seller and located on or upon the BuildingReal Property including, the Land and Improvements but not limited to, those items listed on Exhibit L attached hereto (the “Personal Property”); and (de) A To the extent assignable without consent, all non-exclusive license to use any trademarks and trade names (if any) used or useful in connection with the Real Property, but only to the extent that the same are not trademarks or trade names of Seller or any of Seller’s affiliated companies (collectively, the “Trade NameNames”), together with Seller’s interest (if any) in and to any those service contracts (collectively, the “Service Contracts”) as set forth described on Exhibit B attached hereto, J being specifically assigned to Purchaser and any guarantees, licenses, entitlements, approvals, certificates, permits and warranties relating to the Property, and other intangible property relating to the Real Property, including, without limitation, the webnames pertaining to the Real Property (as hereinafter definedbut expressly excluding all information contained on Seller’s website pertaining to the Real Property), all to the extent assignable (collectively, the “Intangible Property”). Use of the Trade Name, West Corona Corporate Center, shall be subject at all times during the period of ownership or control of the Property by Seller to the rights of an affiliate of Seller, Panattoni Development Company, Inc. (“Panattoni”), to use the name of the project, West Corona Corporate Center, for promoting the development of the Project by Panattoni. (e) The Real Property, the Leases, the Personal Property Property, the Trade Names and the Intangible Property are sometimes collectively hereinafter referred to as the “Property”). The Property shall not include any right to the use of the expression “Five Star Service” or “5 Star Service” (or any derivation thereof, or any substantially similar term) to describe the services which Purchaser, as landlord under the Leases, provides or will provide to tenants. Purchaser acknowledges that Seller has informed Purchaser that: (a) Seller’s parent has created a program to describe the services which Seller and its affiliates provide to the tenants of properties owned by Seller and those affiliates, and has named such program “Five Star Service”; (b) Seller’s parent has expended significant sums of money to develop its Five Star Service program; and (c) Seller’s parent intended at all times that the expression Five Star Service be proprietary. Any unauthorized use of the expression Five Star Service to describe property related services for tenants of any property owned by Purchaser or any affiliate of Purchaser may cause damage to Seller or its affiliates. Accordingly, Purchaser covenants that it shall not use the term Five Star Service in connection with Purchaser’s ownership of the Property.

DESCRIPTION OF THE PROPERTY. In consideration of the mutual undertakings of the parties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller’s 's right, title and interest including all rents, issues and profits in and to the following: (a) That certain real property located at ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ in the City ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ of Corona▇▇▇▇▇▇▇▇▇▇, County Commonwealth of RiversidePennsylvania, State of California, as more particularly described on Exhibit A-1, A attached hereto and incorporated herein by this reference (the “"Land”"), together with one (1) industrial building of approximately 168,450 square feet inclusive of an approximately 9,296 square feet of two (2) story office space (“Building”), as more particularly depicted on Exhibit A-2, attached hereto and all other any improvements located thereon (collectively, the “"Improvements”) being part of the Land"); (b) All of Seller's interest as lessor in all leases covering the Land and Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the "Leases" and are identified on the Schedule of Leases attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances to the Land and the Improvements, if any, including, without limitation, all of Seller’s 's right, title and interest, if any, in and to all mineral and water rights and all easements; any interest in any public streets, roads or rights-of-way adjacent to or abutting the Land; all of Seller’s right, title and interest, if any, in and to any and all oil, natural gas, other hydrocarbon substances, or other minerals underlying the Land; and any and all other reversions, remainders and appurtenances pertaining to or benefiting the Land and other appurtenances used or connected with the beneficial use or enjoyment of the Land, the Building Land and the Improvements (the Land, the Building, and the Improvements and all such easements and appurtenances (including, without limitation, Seller's interest as lessor under the Leases) are sometimes collectively hereinafter referred to as the “"Real Property”"); ; (cd) All personal property and fixtures (if any) owned by Seller and located on or upon the Building, the Land and Improvements Real Property (the “"Personal Property”"); and (de) A All non-exclusive license to use any trademarks and trade names (if any) used or useful in connection with the Real Property, but only to the extent that the same are not trademarks or trade names of Seller or any of Seller’s 's affiliated companies (collectively, the “"Trade Name”Names"), together with Seller’s 's interest (if any) in and to any service contracts (collectively, the “Service Contracts”) as set forth on Exhibit B attached heretocontracts, guarantees, licenses, entitlements, approvals, certificates, permits and warranties relating to the Property (as hereinafter defined)Property, to the extent assignable (collectively, the “"Intangible Property”"). Use of the Trade Name, West Corona Corporate Center, shall be subject at all times during the period of ownership or control of the Property by Seller to the rights of an affiliate of Seller, Panattoni Development Company, Inc. (“Panattoni”), to use the name of the project, West Corona Corporate Center, for promoting the development of the Project by Panattoni. (e) The Real Property, the Personal Property Property, the Trade Names and the Intangible Property are sometimes collectively hereinafter referred to as the “"Property”").

DESCRIPTION OF THE PROPERTY. In consideration of the mutual undertakings of purchase price and upon the parties terms and conditions hereinafter set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledgedforth, Seller hereby agrees to shall sell and convey to Purchaser and Purchaser hereby agrees to shall purchase from Seller all of Seller’s right, title and interest including all rents, issues and profits in and to the following: (ai) That that certain real property containing approximately 3.779 acres of land on which is situated a single tenant industrial building, and being located at 2659 Nova Drive, Dallas, Dallas County, Texas (the "IMPROVED PROPERTY"), ▇▇▇ (▇▇) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ in land containing approximately 1.55 acres of land, and being located on the City east side of CoronaGrissom Lane, County north of Riverside, State of California, as more particularly described on Exhibit A-1, attached hereto Nova Drive (the “Land”"UNIMPROVED PROPERTY"), together with one (1) industrial building and being all of approximately 168,450 square feet inclusive of an approximately 9,296 square feet of two (2) story office space (“Building”), as more particularly depicted on Exhibit A-2, attached hereto and all other improvements located thereon the following described property (collectively, the “Improvements”) being part of the Land;"PROPERTY"): (b) All rightsi. The real property located in Dallas County, privilegesTexas, easements which is described on EXHIBIT "A" attached hereto, together with all rights and appurtenances pertaining to the Land and the Improvements, if anysuch real property, including, without limitation, any and all right, title, and interest of Seller in and to adjacent road, alleys, easements, streets and ways (the "LAND"); ii. All improvements, structures and fixtures placed, constructed or installed on the Land (the "IMPROVEMENTS"); iii. All (i) mechanical systems and related building equipment attached to the Improvements or located upon the Land, including, but not limited to, electrical systems, plumbing systems, heating systems, air conditioning systems, security, alarm and/or entry systems, but excluding only the Seller's movable trade fixtures and items of personal property which are used by Seller solely in connection with the operation of Seller’s right's business upon the Land and which can be removed without causing material damage to the Land or Improvements, title and (ii) all utilities, waste water capacity and related utility rights (collectively, the "PERSONAL PROPERTY"); iv. Seller's interest in all warranties, guaranties and bonds relating to the Land, the Improvements, and the Personal Property, to the extent the same are assignable; v. All site plans, surveys, plans and specifications, and floor plans in Seller's possession for the Property and which relate to the Land, the Improvements, or the Personal Property; and vi. All intangible property owned or held by Seller or in which Seller has an interest, if any, in and to all easements; connection with any interest in any public streets, roads or rights-of-way adjacent to or abutting the Land; all of Seller’s right, title and interest, if any, in and to any and all oil, natural gas, other hydrocarbon substances, or other minerals underlying the Land; and any and all other reversions, remainders and appurtenances pertaining to or benefiting the Land and other appurtenances used or connected with the beneficial use or enjoyment of the Land, the Building and the Improvements (or the Land, the Buildingoperations thereon, and the Improvements and all such easements and appurtenances are sometimes collectively hereinafter referred right to as the “Real Property”); (c) All personal property and fixtures (if any) owned by Seller and located on use thereof, including but not limited to Seller's rights under governmental permits or upon the Building, the Land and Improvements approvals (the “Personal Property”"INTANGIBLE PROPERTY"); and (d) A non-exclusive license to use any trademarks and trade names used in connection with the Real Property, but only to the extent that the same are not trademarks or trade names of Seller or any of Seller’s affiliated companies (collectively, the “Trade Name”), together with Seller’s interest in and to any service contracts (collectively, the “Service Contracts”) as set forth on Exhibit B attached hereto, guarantees, licenses, entitlements, approvals, certificates, permits and warranties relating to the Property (as hereinafter defined), to the extent assignable (collectively, the “Intangible Property”). Use of the Trade Name, West Corona Corporate Center, shall be subject at all times during the period of ownership or control of the Property by Seller to the rights of an affiliate of Seller, Panattoni Development Company, Inc. (“Panattoni”), to use the name of the project, West Corona Corporate Center, for promoting the development of the Project by Panattoni. (e) The Real Property, the Personal Property and the Intangible Property are collectively hereinafter referred to as the “Property”.

DESCRIPTION OF THE PROPERTY. In consideration of the mutual undertakings of the parties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest including all rents, issues and profits in and to the following: (a) That certain real property located at ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇ in the City ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ of Corona, County of RiversideLos Angeles, State of California, as more particularly described on Exhibit A-1, A attached hereto (the “Land”), together with one (1) industrial the single-tenant building of located thereon containing approximately 168,450 35,785 square feet inclusive of an approximately 9,296 square feet of two (2) story office space (“Building”)feet, as more particularly depicted on Exhibit A-2, attached hereto and all other buildings, structures, fixtures and improvements located thereon thereon, together with the parking spaces located on the Land and any and all plumbing, air conditioning, heating, ventilating, mechanical, electrical and other utility systems, parking lots and facilities, landscaping, roadways, sidewalks, security devices and other improvements located on the Land (collectively, collectively the “Improvements”) being part of the Land); (b) All right, title and interest of the lessor under that certain lease covering the Land and Improvements (said lease, together with any and all amendments, modifications or supplements thereto, is hereinafter referred to collectively as the “Lease” and all such documents are identified on the Schedule of Lease attached hereto as Exhibit B), which Lease is with ITT Educational Services, Inc., a Delaware corporation (“Tenant”); (c) All rights, privileges, easements and appurtenances to the Land and the Improvements, if any, including, without limitation, all of Seller’s right, title and interest, if any, in and to all easements; any interest in any public streets, roads or rights-of-way adjacent to or abutting the Land; all of Seller’s right, title and interest, if any, in and to any and all oil, natural gas, other hydrocarbon substances, or other minerals underlying the Land; and any and all other reversions, remainders and appurtenances pertaining to or benefiting the Land and other appurtenances used or connected with the beneficial use or enjoyment of the Land, the Building Land and the Improvements (the Land, the Building, and the Improvements and all such easements and appurtenances (including Seller’s interest in the Lease) are sometimes collectively hereinafter referred to as the “Real Property”); (cd) All tangible personal property and fixtures (if any) owned by Seller and located on related to ownership or upon operation of the BuildingReal Property including, without limitation, the Land and Improvements personal property identified in Schedule A of Exhibit E (the “Personal Property”); and (de) A non-exclusive license to use any trademarks and trade names used in connection with the Real Property, but only to the extent that the same are not trademarks or trade names All of Seller or any of Seller’s affiliated companies (collectively, the “Trade Name”), together with Seller’s interest in and to any service contracts (collectively, the “Service Contracts”) as set forth on Exhibit B attached heretocontracts, guarantees, licenses, entitlements, approvals, certificates, permits permits, warranties and warranties guaranties relating to the Property, any names, marks, logos, designs or other intellectual property, transferable licenses and franchises used in or relating to the ownership, occupancy or operation of the Property (as hereinafter defined)or any part thereof, all assignable signage rights, utility and development rights and privileges, general intangibles, business records, site plans, surveys, environmental and other physical reports, plans and specifications pertaining to the Property, any assignable websites and domains, to the extent assignable (collectively, the “Intangible Property”). Use of the Trade Name, West Corona Corporate Center, shall be subject at all times during the period of ownership or control of the Property by Seller to the rights of an affiliate of Seller, Panattoni Development Company, Inc. (“Panattoni”), to use the name of the project, West Corona Corporate Center, for promoting the development of the Project by Panattoni. (e) The Real Property, the Personal Property and Property, the Intangible Property are sometimes collectively hereinafter referred to as the “Property”).

DESCRIPTION OF THE PROPERTY. In consideration of the mutual undertakings of the parties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest including all rents, issues and profits in and to the following: (a) That certain real property located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ in the City of Corona, County of Riverside, State of California, as more particularly described on Exhibit A-1, attached hereto (the “The Land”), together with one (1) industrial building of approximately 168,450 square feet inclusive of an approximately 9,296 square feet of two (2) story office space (“Building”), as more particularly depicted on Exhibit A-2, attached hereto and all other improvements located thereon (collectively, the “Improvements”) being part of the Land; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements, if any, Improvements including, without limitation, all of Seller’s righteasements, title and interest, if any, in and to all easements; any interest in any public streets, roads or rights-of-way adjacent to or abutting the Land; all of Seller’s right, title and interest, if any, in and to any and all oil, natural gas, other hydrocarbon substances, or other minerals underlying the Land; and any and all other reversions, remainders and appurtenances pertaining to or benefiting the Land and other appurtenances used or used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Building and the Improvements (the Land, the Building, and the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively hereinafter referred to as the “Real Property;”); (cd) All personal property property, equipment, supplies and fixtures (if anycollectively, the “Personal Property”) owned by Seller and located on or upon used in the Buildingoperation of the Real Property including, the Land and Improvements (the “Personal Property”)without limitation, all property described in Exhibit C attached hereto; and (de) A non-exclusive license to use any trademarks and trade names All intangible property used in connection with the Real Propertyforegoing including, but only without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Residences at Braemar”), and the contract rights, licenses (to the extent that the same are not trademarks or trade names of Seller or any of Seller’s affiliated companies (collectively, the “Trade Name”transferable), together with Seller’s interest in and to any service contracts permits (collectively, the “Service Contracts”) as set forth on Exhibit B attached hereto, guarantees, licenses, entitlements, approvals, certificates, permits and warranties relating to the Property (as hereinafter defined), to the extent assignable transferable) and warranties (collectivelyto the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). Use of the Trade Name, West Corona Corporate Center, shall be subject at all times during the period of ownership or control of the Property by Seller to the rights of an affiliate of Seller, Panattoni Development Company, Inc. (“Panattoni”), to use the name of the project, West Corona Corporate Center, for promoting the development of the Project by Panattoni. (e) The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively hereinafter referred to as the “Property.”.