Doci?i?t: 1415429088 Fee: $106.00
Program RHSP RPRF Fee: $1.00

Karen A.Yarbrough

Certificate Of Exemption Cook County Recorder of Deeds
Date: 0670372014 03:21 PM Pg: 1 ot35

 

 

Report Mortgage Fraud
800-532-8785

 

 

 

The property identi?ed as: PIN: 17-10435-0334010?

Address:

Street: 401 N. WABASH

Street line 2:

City: State: IL ZIP Code: 60611

Lender: DEUTSCHE BANK TRUST COMPANY AMERICAS

Borrower; 401 NORTH WABASH VENTURE LLC

Loan I Mortgage Amount: 56900000000

This property is located within the program area and is exempt from the requirements of 765 ILCS 77/70 et seq. because
it consists of more than 4 units.

 

NA'l?loNAl. nun. (M 0? I 5
2&93
Certificate number: Execution date: 06/02/2014

 

 

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his Document Prepared by and after Recording, Return To:

James V. lnendino, Esq.
Loeb Loeb LLP

321 North Clark Street
23rd Floor

Chicago, Illinois 60654

 

(Space Above For Recorder?s Use)

MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, FIXTURE FILING,
AND SECURITY AGREEMENT

NOTICE TO BORROWER: THE LOAN SECURED BY THIS MORTGAGE
PROVIDES FOR A VARIABLE INTEREST RATE AND BALLOON PAYMENT AT
MATURITY

THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, FIXTURE
FILING AND SECURITY AGREEMENT (as amended, restated, supplemented or modi?ed
from time to time, this ?Mortgrage?), dated as of June 2, 2014, is given by 401 NORTH
WABASH VENTURE LLC, a Delaware limited liability company (?Borrower?), whose
address is do The Trump Organization, 725 Fifth Avenue, 26th Floor, New York, New York
10022; in favor of DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York
banking corporation (?Lender?), whose address is 345 Park Avenue, 14th Floor, New York, New
York 10154.

To secure the full and timely payment of the Indebtedness in the original principal
amount of Sixty Nine Million and 00/100 Dollars and the full and timely
performance and discharge of the Obligations under the Note, Borrower MORTGAGES,
ASSIGNS, GRANTS, BARGAINS, SELLS, CONVEYS AND PLEDGES to Lender and its
successors and assigns the Mortgaged Premises, with power of sale and right of entry and
possession, subject only to the Permitted Encumbrances, to have and to hold the Mortgaged
Premises to Lender, its successors and assigns forever, and Borrower does hereby bind itself, its
successors, and its assigns to warrant and forever defend the title to the Mortgaged Premises to
Lender against anyone lawfully claiming it or any part of it; provided, however, that upon the
earlier to occur of the Indebtedness being paid in full and the Obligations under the Note
being fully performed and the Loan Reduction Date, then the liens, security interests, estates,
and rights granted by this Mortgage shall terminate; otherwise, they shall remain in full force and
effect. As additional security for the full and timely payment of the Indebtedness and the full
and timely performance and discharge of the Obligations under the Note, Borrower grants to
Lender a security interest in the Personalty, Fixtures, Leases, and Rents under Article Nine of the
Uniform Commercial Code in effect in the State ofIllinois.

 

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All right, title and interest of Borrower in and to all extensions, improvements,
betterments, renewals, substitutes and replacements of, and all additions and appurtenances to,
the Mortgaged Premises, hereafter constructed, assembled or placed on the Condominium
Collateral, and all conversions of the security constituted thereby, immediately upon such
acquisition, release, construction, assembling, placement or conversion, as the case may be, and
in each such case, without any further mortgage, conveyance, assignment or other act by
Borrower, shall become subject to the lien of this Mortgage as fully and completely, and with the
same effect, as though now owned by Borrower and speci?cally described in the granting
clauses hereof, but at any and all times Borrower will execute and deliver to Lender any and all
such further assurances, mortgages, conveyances or assignments thereof as Lender may
reasonably require for the purpose of expressing and speci?cally subjecting the same to the lien
ofthis Mortgage.

All ?ling, registration and recording fees, and all expenses incident to the execution and
acknowledgment of this Mortgage and any other agreement executed in connection herewith and
any instrument of further assurance, and all federal, state, county and municipal mortgage
recording taxes, stamp taxes and other taxes, duties, imports, assessments and charges arising out
of or in connection with the execution and delivery of this Mortgage, the Note or any other
agreement executed in connection herewith or therewith, any mortgage supplemental hereto or
any instrument of further assurance shall be paid in. accordance with the terms of the Agreement.

Upon request by Borrower, Lender, at Lender?s sole option within twenty (20) years from
the date of this Mortgage, may, but shall not be obligated to, make future advances to Borrower.
Such future advances, with interest thereon, shall be secured by this Mortgage when evidenced
by promissory notes stating that said promissory notes are secured hereby. At no time shall the
principal amount of the indebtedness secured by this Mortgage, not including sums advanced in
accordance herewith to protect the collateral serving as security for the payment of the
indebtedness evidenced by the Note, exceed two (2) times the original principal amount of the
Note.

TO MAINTAIN AND PROTECT THE SECURITY OF THIS MORTGAGE, TO
SECURE THE FULL AND TIMELY PERFORMANCE BY BORROWER OF EACH AND
EVERY OBLIGATION, COVENANT, AND AGREEMENT OF BORROWER UNDER THE
LOAN DOCUMENTS, AND AS ADDITIONAL CONSIDERATION FOR THE
INDEBTEDNESS AND OBLIGATIONS UNDER THE NOTE EVIDENCED BY THE LOAN
DOCUMENTS, BORROWER HEREBY COVENANTS, REPRESENTS, AND AGREES AS
FOLLOWS:


DEFINITIONS

For purposes of this Mortgage, each of the following terms shall have the following
respective meanings:

1.1 ?Ag? is de?ned in Section 5.2 hereof.

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1.2 ?Agreement? means that certain Amended and Restated Term Loan Agreement
dated as of the date hereof between Borrower and Lender, as the same may be amended, restated,
supplemented or modi?ed from time to time.

1.3 ?Attorney Fees.? All reasonable attorney fees, paralegal, and law clerk fees,
including, without limitation, fees for advice, negotiation, consultation, arbitration, and litigation
at the pretrial, trial, and appellate levels, and in any bankruptcy proceedings, and attorney costs
and expenses incurred or paid by Lender in protecting its interests in the Mortgaged Premises,
including, but not limited to, any action for waste, and enforcing its rights under this Mortgage
(provided, however, Attorney Fees shall exclude the cost of in-house counsel, paralegal and
other in-house staff).

1.4 ?Condominium Collateral.? All right title and interest of Borrower in the
Residential Mortgaged Premises Units located in Chicago, Cook County, Illinois, and more
particularly described in EXHIBIT A hereto, together with all of Borrower?s right, title and
interest in and to the undivided interest in the common elements related to such Residential
Mortgaged Premises Units, and (ii) if the Residential Condominium Association holds title to
property for the bene?t or use of its members or shareholders, all of Borrower?s? interest in the
Residential Condominium Association and the uses, proceeds, and bene?ts of such interest but
solely as such relate to the Residential Mortgaged Premises Units.

 

1.5 ?Fixtures.? All right, title, and interest of Borrower in and to all materials,
supplies, equipment, apparatus, and other items now or later attached to, installed on or in the
Condominium Collateral, or that in some fashion are deemed to be ?xtures to the Residential
Mortgaged Premises Units under the laws of the State of Illinois, including the Uniform
Commercial Code. ?Fixtures? includes, without limitation, all items of Personalty to the extent
that they may be deemed Fixtures under any Legal Requirement.

1.6 mpositions.? All real estate and personal property taxes, water, gas, sewer,
electricity, and other utility rates and charges; charges imposed under any subdivision, planned
unit development, or condominium declaration or restrictions; charges for any easement, license,
or agreement maintained for the benefit of the Condominium Collateral, and all other taxes,
charges, and assessments and any interest, costs, or penalties of any kind and nature that at any
time before or after the execution of this Mortgage may be assessed, levied, or imposed on the
Condominium Collateral or on its ownership, use, occupancy, or enjoyment.

1.7 ?Indebtedness.? The principal of, interest on, and all fees, charges, expenses and
other amounts and payments due under or evidenced by the following:

The Note (including, without limitation, late payment and other charges
payable under the Note), which Note is in the original principal amount of $69,000,000 and
provides for an original maturity date of June 2, 2024 (such maturity date subject to extension or
acceleration in accordance with the terms of the Agreement).

This Mortgage and all other Loan Documents; and

All funds, if any, later advanced by Lender to or for the bene?t of
Borrower under any provision of any of the Loan Documents;

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Any future loans or amounts advanced by Lender to Borrower when
evidenced by a written instrument or document made by Borrower or between Borrower and
Lender that specifically recites that such future loans or amounts are Obligations under the Note
that are secured by the terms of this Mortgage, including, but not limited to, funds advanced. to
protect the security or priority of the Mortgage; and

Any amendment, modification, extension, rearrangement, restatement,
renewal, substitution, or replacement of any of the foregoing.

1.8 ?Mortgaged Premises." All rights, title, interest and estate of Borrower now
owned or hereafter acquired by Borrower in the following: Condominium Collateral,
Fixtures, Personalty, and, in each case with respect to the Residential Mortgaged Premises Units,
Leases, and Rents, and each of the following, to the extent appurtenant or in any way relating
to the Condominium Collateral:

 

All right, title and interest (including any claim or demand or demand in
law or equity) that Borrower, solely as an owner of the Residential Mortgaged Premises Units,
now has or may later acquire in or to the following: all easements, rights, privileges, tenements,
hereditaments, and appurtenances belonging or in any way appertaining to the Mortgaged
Premises; all of the estate, right, title, interest, claim, demand, reversion, or remainder of
Borrower in or to the Mortgaged Premises, either at law or in equity, in possession or
expectancy, now or later acquired; all crops growing or to be grown on the Mortgaged Premises;
all development rights or credits and air rights; all water and water rights (whether or not
appurtenant to the Mortgaged Premises) and shares of stock pertaining to such water or water
rights, ownership of which affects the Mortgaged Premises; all minerals, oil, gas, and other
hydrocarbon substances and rights thereto in, on, under, or upon the Mortgaged Premises and all
royalties and profits from any such rights or shares of stock;

All right, title and interest of Borrower, solely as an owner of the
Residential Mortgaged Premises Units, in and to any intangible property rights relating to the
Mortgaged Premises or its operation or used in connection with it, including, without limitation,
all agreements, contracts, certificates, instruments and other documents, now or hereafter entered
into, pertaining to the construction, operation or management of the Residential Mortgaged
Premises Units including all permits, licenses, plans, specifications, construction contracts,
subcontracts, bids, deposits for utility services, installations, refunds due Borrower,
environmental indemnity rights and all collateral related thereto, but specifically excluding any
and all Intellectual Pr0perty (including, without limitation, the Trump brand or any derivative
thereof, all of which is speci?cally excluded from the definition of ?Mortgaged Premises?);

All right, title and interest of Borrower, solely as an owner of the
Residential Mortgaged Premises Units, in and to the land lying in the bed of any street, road,
highway, or avenue in front of or adjoining the Mortgaged Premises;

Any and all awards previously made or later to be made by any
Governmental Authority to the present and all subsequent owners of the Mortgaged Premises
that may be made with respect to the Mortgaged Premises as a result of the exercise of the right
of eminent domain, the alteration of the grade of any street, or any other injury to or decrease of

NY1272049JO 4
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value of the Mortgaged Premises, which award or awards are assigned to Lender and Lender, at
its Option, is authorized, directed, and empowered to collect and receive, subject to the
limitation contained in Section 4.15 of the Loan Agreement and Borrower?s right to receive
awards in accordance with Section 4.15 of the Loan Agreement, the proceeds of any such award
or awards from the authorities making them and to give proper receipts and acquittances for
them, and to apply them as provided in the Agreement;

All certi?cates of deposit of Borrower in Lender?s possession and all bank
accounts of Borrower with Lender and their proceeds, and all deposits of Borrower with any
Governmental Authority and/or public utility company that relate, in each case, to the ownership
of the Mortgaged Premises;

All Leases of the Residential Mortgaged Premises Units or any part of it
now or later entered into (subject to Section 4.13 of the Loan Agreement) and all right, title, and
interest of Borrower under such Leases, including cash or securities deposited by the tenants to
secure performance of their obligations under such Leases (whether such cash or securities are to
be held until the expiration of the terms of such Leases or applied to one or more of the
installments of rent coming due immediately before the expiration of such terms (provided,
however, that if Lender acquires possession or control of tenants? security deposits, Lender shall
use the tenants? security deposits only for such purposes as the applicable Leases and Legal
Requirements permit));

All right, title and interest of Borrower, solely as an owner of the
Residential Mortgaged Premises Units, in and to any and all proceeds of any insurance policies
covering the Mortgaged Premises, whether or not such insurance policies were required by
Lender as a condition of making the loan secured by this Mortgage or are required to be
maintained by Borrower as provided below in. this Mortgage; which proceeds are assigned to
Lender, and Lender, at its option, is authorized, directed, and empowered to collect and receive
the proceeds of such insurance policies from the insurers issuing the same and to give proper
receipts and acquittances for such policies, and to apply the same as provided below, subject, in
each case, to the provisions of Sections 4.14 and 4.15 of the Loan Agreement, including, without
limitation, Borrower?s right to receive such proceeds in accordance with Section 4.15 of the
Loan Agreement;

All plans and speci?cations for the Residential Mortgaged Premises Units;
all contracts and subcontracts relating to the Residential Mortgaged Premises Units; all deposits
(other than tenants security deposits described and accounted for in Section 1.9(f) above) relating
to the Residential Mortgaged Premises Units (provided, however, that if Lender acquires
possession or control of the downpayments, Lender shall use the downpayments only for such
purposes as the applicable sales contract relating to the Residential Mortgaged Premises Unit and
Legal Requirements permit); funds, accounts, contract rights (including under any sale
agreement), instruments, documents, general intangibles, claims against third parties and notes or
chattel paper arising from or in connection with the Mortgaged Premises (but specifically
excluding any of the foregoing (including deposits) that arise from or in connection with the
?Mortgaged Premises?, as de?ned in the Agreement, the ?Commercial Mortgaged Premises?);
all permits, licenses, certificates, and other rights and privileges obtained in connection with the
Mortgaged Premises; all drawings, construction contracts, notes, drafts, documents, engineering

5
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and architectural drawings, letters of credit, bonds, surety bonds, any other intangible rights
relating to the Residential Mortgaged Premises Units, surveys, and other reports, exhibits, or
plans used or to be used in connection with the construction, planning, operation, or maintenance
of the Residential Mortgaged Premises Units and all amendments and modi?cations; all proceeds
arising from or by virtue of the sale, lease, grant of option, or other disposition of all or any part
of the Condominium Collateral (consent to same is not granted or implied);

All right, title and interest of Borrower, solely as an owner of the
Residential Mortgaged Premises Units, in and to all tax refunds, bills, notes, inventories,
accounts and charges receivable, credits, claims, securities, and documents of all kinds, and all
instruments, contract rights, general intangibles, bonds and deposits, and all proceeds and
products of the Mortgaged Premises (but speci?cally excluding any of the foregoing that arise
from or in connection with the Commercial Mortgaged Premises);

Any refunds and credits in connection with reduction in real estate taxes
and assessments charged against the Residential Mortgaged Premises Units, in each case paid or
payable to Borrower (except to the extent any refunds, rebates or credits relate to taxes or
assignments paid directly by any tenant under a Lease);

All money or other personal property of Borrower (other than Intellectual
Property (including, without limitation, any instrument, deposit account, general intangible, or
chattel paper, as de?ned in Article 9 of Illinois Uniform Commercial Code) (but speci?cally
excluding any of the foregoing that relate to the Commercial Mortgage-d Premises), previously or
later delivered to, deposited with, or that otherwise comes into Lender?s possession, in each case
solely in connection with the Mortgaged Premises; and

(1) All proceeds of any of the foregoing.

As used in this Mortgage, ?Mortgaged Premises? is expressly de?ned as meaning
all or, when the context permits or requires, any portion of it and all or, when the context permits
or requires, any interest in it. Notwithstanding anything in this Mortgage or any of the other
Loan Documents to the contrary, neither the Mortgaged Premises nor the Personalty includes any
Intellectual Property (including, without limitation, the Trump brand or any derivation thereof).

1.9 ?Personalty.? All of the right, title, and interest of Borrower in and to all tangible
and intangible personal property now or hereafter located within or about the Condominium
Collateral, whether now owned or later acquired by Borrower, including, but not limited to all
equipment, inventory, goods, consumer goods, accounts, chattel paper, instruments, money,
general intangibles, letter-of-credit rights, deposit accounts, investment property, documents, and
that are now or at any later time located on, attached to, installed, placed, used on, in connection
with, or are required for such attachment, installation, placement, or use on the Condominium
Collateral, or on other goods located on the Condominium Collateral, together with all additions,
accessions, accessories, amendments, modi?cations to the Condominium Collateral, extensions,
renewals, and enlargements and proceeds of the Condominium Collateral, substitutions for, and
income and pro?ts from, the Condominium Collateral. The Personalty includes, but is not
limited to, all of Borrower?s right, title and interest and to all goods, machinery, tools, equipment
(including ?re Sprinklers and alarm systems and all equipment utilized in the operation of its

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business; building materials, air conditioning, heating, refrigerating, electronic monitoring,
entertainment, recreational, maintenance, extermination of vermin or insects, dust removal,
refuse and garbage equipment; vehicle maintenance and repair equipment; of?ce furniture
(including tables, chairs, planters, desks, sofas, shelves, lockers, and cabinets); safes, furnishings,
appliances (including ice-making machines, refrigerators, fans, water heaters, and incinerators);
rugs, carpets, other floor coverings, draperies, drapery rods and brackets, awnings, window
shades, venetian blinds, curtains, other window coverings; lamps, chandeliers, other lighting
?xtures; of?ce maintenance and other supplies; leases, tenants? security deposits, (subject to
Section licenses, permits, sales contracts, option contracts, lease contracts, insurance
policies, proceeds from policies, plans, speci?cations, surveys, books, records, funds, bank
deposits; and all other intangible personal property. Personalty also includes any other portion or
items of the Mortgaged Premises that constitute personal property under the Illinois Uniform
Commercial Code. In no event shall the Mortgaged Premises (including, without limitation, the
Personalty) include any Intellectual Property or (ii) any leased equipment.

Any terms not otherwise de?ned in this Mortgage shall have the meaning given them in the
Agreement.

ECTION 2

USE OF MORTGAGED PREMISES

 

2.1 Use of Mortgaged Premises. Unless otherwise required by Legal Requirement,
otherwise permitted by the Agreement, or Lender otherwise consents in writing, Borrower shall
not allow changes in the use of the Mortgaged Premises from that which is contemplated by
Borrower and Lender at the time of execution of this Mortgage, as speci?ed in the loan
application and the Loan Documents.

 

Borrower shall not initiate or acquiesce in a change in the zoning classi?cation of the
Mortgaged Premises that is reasonably likely to have a Material Adverse Effect without Lender?s
prior written consent. Borrower shall maintain all easements, grants, privileges, licenses,
certificates, permits, entitlements and franchises necessary, in its commercially reasonable
judgment, that relate speci?cally to the Residential Mortgaged Premises Units and that are the
obligation of the owner of the Residential Mortgaged Premises Units to maintain, and will not,
without the prior consent of Lender, unless otherwise permitted by the Agreement, consent to
(unless required by the Residential Condominium Documents and/or applicable law) or enter
into or acquiesce to any public restriction (including any zoning ordinance) or private restriction
as to the use of the Condominium Collateral that could result in the use of the Condominium
Collateral as a residential condominium becoming a non-conforming use under any zoning
ordinance or any other applicable land use law, rule or regulation or that would change or limit
the uses permitted of the Condominium Collateral in a manner that would be expected to have a
Material Adverse Effect including materially adversely affecting the value of the Mortgaged
Premises. Borrower shall comply with all restrictive covenants affecting the Residential
Mortgaged Premises Units, and all zoning ordinances and other public or private restrictions as
to the use of the Residential Mortgaged Premises Units, except where non-compliance would not
be expected to have a Material Adverse Effect.

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Borrower shall not commit or suffer any waste of the Residential Mortgaged Premises
Units or make any change in the use of the Residential Mortgaged Premises Units which will in
any way materially increase the risk of any fire or other hazard arising out of the operation of the
Residential Mortgaged Premises Units, or do or permit to be done thereon anything that may in
any way impair the security of this Mortgage. Borrower shall maintain the Residential
Mortgaged Premises Units in good repair and condition (ordinary wear and tear excepted) and, at
its sole cost and expense, will make or cause to be made, as and when the same shall become
necessary, all structural and non-structural, exterior and interior, ordinary or extraordinary,
foreseen and unforeseen repairs, renewals and replacements necessary to that end, and upon
being apprised of any material defect in the repair or condition of the Residential Mortgaged
Premises Units, will repair or cure, or cause to be repaired or cured, such defect, in each case at
its own expense and with due diligence. All such repairs, renewals and replacements shall be at
least substantially equal in quality to the original Residential Mortgaged Premises Units.

SECTION 3

3.1 Leases of Residential Mortgaged Premises Units by Borrower. Borrower shall
only enter into, modify, amend or renew any Lease in accordance with the Agreement and
Borrower may terminate Leases in its discretion.

SECTION 4

ASSIGNMENT OF CAUSES OF ACTION, AWARDS AND DAMAGES

4.1 Assignment of Causes of Action, Awards, and Damages. All causes of action,
and all sums due or payable to Borrower for injury or damage to the Mortgaged Premises, or as
damages incurred in connection with the transactions in which the Loan secured by this
Mortgage was made, including, without limitation, causes of action and damages for breach of
contract, fraud, concealment, construction defects, or other torts, or compensation for any
conveyance in lieu of condemnation, are assigned to Lender, and all proceeds from such causes
of action and all such sums shall be paid to Lender for credit against the Indebtedness secured by
this Mortgage, subject to the terms of Section 4.15 of the Loan Agreement, including, without
limitation, Borrower?s right to receive such proceeds in accordance with Section 4.15 of the
Loan Agreement. Borrower shall notify Lender immediately on receipt by Borrower of notice
that any such sums have become due or payable and, subject to the terms of Section 4.15 of the
Loan Agreement, including, without limitation, Borrower?s right to receive such proceeds in
accordance with Section 4.15 of the Loan Agreement, immediately on receipt of any such sums,
shall remit such sums to Lender. Specifically excluded from the assignment under this
Section 4 are any claims, awards or damages derived from enforcement of any rights to all or any
Intellectual Property (including, without limitation, the Trump brand or any derivation thereof).

After deducting all expenses, including Attorney Fees, incurred by Lender in recovering
or collecting any sums required to be paid to Lender under this Section 4, Lender may apply or
release the balance of any funds received by it under this paragraph, or any part of such balance,
as it elects. Lender, at its option, may appear in and prosecute in its own name any action or
proceeding to enforce any cause of action assigned to it under this paragraph and may make any
compromise or settlement in such action whatsoever, subject to the terms of Section 4.15 of the

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Loan Agreement. Borrower covenants that it shall execute and deliver to Lender such further
assignments of any such compensation awards, damages, or causes of action as Lender may
request from time to time, subject to the terms of Section 4.15 of the Loan Agreement. If Lender
fails or does not elect to prosecute any such action or proceeding and Borrower elects to do so,
Borrower may conduct the action or proceeding at its own expense and risk.

Notwithstanding anything to the contrary contained in this Section 4.1, any rights of
Lender to participate in any casualty claim or condemnation proceeding and the rights to apply
any proceeds of the foregoing shall all be governed by, and be subject to, the terms of Section
4.15 of the Loan Agreement, including, without limitation, Borrower?s right to receive such
proceeds in accordance with Section 4.15 of the Loan Agreement. If any sums are required to be
paid to Lender pursuant this Section 4.1 and Borrower has previously delivered the same sums to
Lender pursuant to the Security Instrument, Borrower shall be deemed to have satis?ed its
obligations under this Mortgage and shall not be required to duplicate payment of such sums.

SECTION 5

SUMS ADVANCED

5.1 Sums Advanced to Bear Interest and to Be Secured by Mortgage. At Lender?s
request, Borrower shall pay any sums advanced or paid by Lender under any provision
of this Mortgage or the other Loan Documents unless payable at a different time pursuant to
another Loan Document, in which case such sums shall be due and payable in accordance with
the terms of such other Loan Document. Until so repaid, all such sums and all other sums
payable to Lender shall be added to, and become a part of, the Indebtedness secured by this
Mortgage and bear interest from the date of advancement or payment by Lender at the same rate
as provided in the Note, unless payment of interest at such rate would be contrary to Legal
Requirement. All sums advanced by Lender under this Mortgage or the other Loan Documents,
whether or not required to be advanced by Lender under the terms of this Mortgage or the other
Loan Documents, including all amounts advanced by Lender in order to preserve the priority of
the lien of this Mortgage or to maintain the Mortgaged Premises, both before and during a
foreclosure, and before and after judgment of foreclosure, and at any time prior to sale, and,
where applicable, after sale, and during the pendency of any related proceedings (collectively
?Protective Advances?), shall conclusively be deemed to be mandatory advances required to
preserve and protect this Mortgage and Lender?s security for the performance of the Obligations
under the Note and payment of the Indebtedness, and shall be secured by this Mortgage to the
same extent and with the same priority as the principal and interest payable under the Note. If
any sums are required to be paid to Lender pursuant this Section 5.1 and Borrower has
previously delivered the same sums to Lender pursuant to the Security Agreement, Borrower
shall be deemed to have satis?ed its obligations under this Mortgage and shall not be required to
duplicate payment of such sums.

 

5.2 Protective Advances. All Protective Advances shall have the benefit of all
applicable provisions of the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15~1 101 et seq., as
in effect from time to time (the including those provisions of the Act hereinbelow
referred to:

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all advances by Lender in accordance with the terms of this Mortgage to:
preserve or maintain, repair, restore or rebuild the Condominium Collateral; (ii) preserve the
lien of this Mortgage or the priority thereof; and/or enforce this Mortgage, as referred to in
Subsection (5) of Section 5/15 1302 ofthe Act;

payments by Lender of: installments of principal, interest or other
obligations in accordance with the terms of any senior mortgage or other prior lien or
encumbrance; (ii) installments of real estate taxes and assessments, general and special and all
other taxes and assessments of any kind or nature whatsoever which are assessed or imposed
upon the Mortgaged Premises or any part thereof; other obligations authorized by this
Mortgage; and/or (iv) with court approval, any other amounts in connection with other liens,
encumbrances or interests reasonably necessary to preserve the status of title, as referred to in
Section 5/15 1505 ofthe Act;

advances by Lender in settlement or compromise of any claims asserted
by claimants under senior mortgages or any other prior liens;

reasonable attorneys? fees and other costs incurred: in connection with
the foreclosure of this Mortgage as referred to in Section 5/15 1504 (2) and 5/ 15 1510 of the
Act; (ii) in connection with any action, suit or proceeding brought by or against Lender for the
enforcement of this Mortgage or arising from the interest of Lender hereunder; and/or in the
preparation for the commencement or defense of any such foreclosure or other action;

Lender?s reasonable fees and costs, including attorneys? fees, arising
between the entry of judgment of foreclosure and the con?rmation hearing as referred to in
Subsection of Section 5/15 1508 of the Act;

advances of any amount required to make up a de?ciency in deposits for
installments of taxes and assessments and insurance premiums as may be authorized by this
Mortgage;

expenses deductible from proceeds of sale as referred to in Subsections 
and ofSection 5/15 1512 of the Act;

expenses incurred and expenditures made by Lender for any one or more
of the following: premiums for casualty and liability insurance paid by Lender whether or not
Lender or a receiver is in possession, if reasonably required, in reasonable amounts, and all
renewals thereof, without regard to the limitation to maintaining of existing insurance in effect at
the time any receiver or mortgagee takes possession of the Mortgaged Premises imposed by
Subsection of Section 5/15 1704 of the Act; (ii) repair or restoration of damage or
destruction in excess of available insurance proceeds or condemnation awards; payments
required or deemed by Lender to be for the bene?t of the Mortgaged Premises under any grant or
declaration of easement, easement agreement, agreement with any adjoining land owners or
instruments creating covenants or restrictions for the benefit of or affecting the Mortgaged
Premises; (iv) shared or common expense assessments payable to any association or corporation
in which the owner of the Residential Mortgaged Premises Units is a member in any way

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affecting the Residential Mortgaged Premises Units; and/or pursuant to any lease or other
agreement for occupancy of the Residential Mortgaged Premises Units.

All Protective Advances shall be so much additional indebtedness secured by this
Mortgage, and shall become immediately due and payable with interest thereon from the date of
the advance until paid at the Default Rate.

Until terminated in accordance with its terms, this Mortgage shall be a lien for all
Protective Advances as to subsequent purchasers and judgment creditors from the time this
Mortgage is recorded pursuant to Subsection of Section 5/15 1302 of the Act.

All Protective Advances shall, except to the extent, if any, that any of the same is
clearly contrary to or inconsistent with the provisions of the Act, apply to and be included in:

determination of the amount of indebtedness secured by this
Mortgage at any time;

(ii) the indebtedness found due and owing to Lender in the judgment
of foreclosure and any subsequent supplemental judgments, orders, adjudications or findings by
the court of any additional indebtedness becoming due after such entry of judgment, it being
agreed that in any foreclosure judgment, the court may reserve jurisdiction for such purpose;

determination of amounts deductible from sale proceeds pursuant
to Section 5/15 1512 ofthe Act;

(iv) application of income in the hands of any receiver or Lender in
possession; and

computation of any deficiency judgment pursuant to Subsections
and ofSections 5/15 1508 and Section 5/15 1511 ofthe Act.

SECTION 6

SECURITY FIXTURE FILING

6.1 Uniform Commercial Code Security Agreement. THIS MORTGAGE IS
INTENDED TO BE AND SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE
ILLINOIS UNIFORM COMMERCIAL CODE FOR ANY OF THE PERSONALTY
SPECIFIED AS PART OF THE MORTGAGED PREMISES THAT, UNDER LEGAL
REQUIREMENT, MAY BE SUBJECT TO A SECURITY INTEREST UNDER THE
ILLINOIS UNIFORM COMMERCIAL CODE, AND BORROWER GRANTS TO LENDER A
SECURITY INTEREST IN THOSE ITEMS. BORROWER AUTHORIZES LENDER TO FILE
FINANCING STATEMENTS IN ALL STATES, COUNTIES, AND OTHER JURISDICTIONS
AS LENDER MAY ELECT, WITHOUT SIGNATURE IF PERMITTED BY
LAW. BORROWER AGREES THAT LENDER MAY FILE THIS MORTGAGE, OR A
COPY OF IT, IN THE REAL ESTATE RECORDS OR OTHER APPROPRIATE INDEX OR
IN THE OFFICE OF THE SECRETARY OF STATE OF THE STATE OF DELAWARE AND
SUCH OTHER STATES AS THE LENDER MAY ELECT, AS A FINANCING STATEMENT

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we.- Jaw mu 

1415429088 PageTHE ITEMS SPECIFIED ABOVE AS PART OF THE MORTGAGED
PREMISES. ANY REPRODUCTION OF THIS MORTGAGE OR EXECUTED DUPLICATE
ORIGINAL OF THIS MORTGAGE, OR A COPY CERTIFIED BY A COUNTY RECORDER
IN THE STATE OF ILLINOIS, OR OF ANY OTHER. SECURITY AGREEMENT OR
FINANCING STATEMENT, SHALL BE SUFFICIENT AS A FINANCING STATEMENT.
IN ADDITION, BORROWER AGREES TO EXECUTE AND DELIVER TO LENDER, AT
REQUEST, ANY UCC FINANCING STATEMENTS, AS WELL AS ANY
EXTENSIONS, RENEWALS, AND AMENDMENTS, AND COPIES OF THIS MORTGAGE
IN SUCH FORM AS LENDER MAY REQUIRE TO PERFECT A SECURITY INTEREST
WITH RESPECT TO THE PERSONALTY. BORROWER SHALL PAY ALL COSTS OF
FILING SUCH FINANCING STATEMENTS AND ANY EXTENSIONS, RENEWALS,
AMENDMENTS, AND RELEASES OF SUCH STATEMENTS, AND SHALL PAY ALL
REASONABLE COSTS AND EXPENSES OF ANY RECORD SEARCHES FOR
FINANCING STATEMENTS THAT LENDER MAY REASONABLY REQUIRE. WITHOUT
THE PRIOR WRITTEN CONSENT OF LENDER, BORROWER SHALL NOT CREATE OR
SUFFER TO BE CREATED ANY OTHER SECURITY INTEREST IN THE ITEMS,
INCLUDING ANY REPLACEMENTS AND ADDITIONS.

After the occurrence of an Event of Default, Lender shall have the remedies of a secured
party under the Illinois Uniform Commercial Code and, at Lender?s option, may also invoke the
remedies in Section 8 of this Mortgage as to such items. In exercising any of these remedies,
Lender may proceed against the items of Mortgaged Premises and any items of Personalty
separately or together and in any order whatsoever, without in any way affecting the availability
of Lender?s remedies under the Illinois Uniform Commercial Code or of the remedies in
Section 8 of this Mortgage.

6.2 Fixture Filing. Borrower expressly agrees, intending that Lender rely thereon,
that this Mortgage shall also constitute a ?nancing statement ?led as a fixture ?ling under the
Illinois Uniform Commercial Code, covering any portion of the Mortgaged Premises that now is
or later may become a ?xture attached to the Residential Mortgaged Premises Units or to any
Improvement.

The ?ling is to be recorded with the Recorder of Deeds of Cook County, Illinois. In that regard,
the following information is provided:

Name of Debtor: 401 North Wabash Venture LLC, a Delaware limited liability
company

Type of Organizations: Limited Liability Company

State of Organization: Delaware

Organizational Number: 3477659

Address of Debtor: c/o The Trump Organization, 725 Fifth Avenue, 26th Floor, New

York, New York 10022
Address of the Property: 410 North Wabash Avenue, Chicago, Illinois

Name of Secured Party: Deutsche Bank Trust Company Americas

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Address of Secured Party: 345 Park Avenue, 14th Floor, New York, New York 10154

SECTION 7

ACCELERATION ON TRANSFER OR ENCUMBRANCE

7.1 Acceleration on Transfer or Encumbrance of Mortgaged Premises. Except with
respect to a Permitted Transfer, a Permitted Encumbrance, sales of Residential Mortgaged
Premises Units as permitted by the Agreement, or as set forth in Section 4.17 of the Loan
Agreement, or with Lender?s prior written consent, if Borrower conveys, sells, leases with an
option to purchase or grants any other option to purchase, encumbers, or alienates the Mortgaged
Premises, or any interest in it, or suffers its title to, or any interest in, the Mortgaged Premises to
be divested, whether voluntarily or involuntarily, or transfers, pledges, assigns, sells,
hypothecates or otherwise conveys any direct or indirect interests of or in Borrower, or
changes or permits to be changed the character or use of the Mortgaged Premises (except as
otherwise permitted by the Loan Documents), or drills or extracts or enters into any lease for the
drilling or extracting of oil, gas, or other hydrocarbon substances or any mineral of any kind or
character on the Mortgaged Premises, or permits title to such Mortgaged Premises to become
subject to any lien or charge, voluntary or involuntary, contractual or statutory (other than
Permitted Encumbrances), then Lender, at Lender?s Option, may, without prior notice, declare all
sums secured by this Mortgage, regardless of their stated due date(s), immediately due and
payable and may exercise all rights and remedies in this Mortgage, including those in Section 8
below. For the avoidance of doubt, on the earlier of payment in full of the Obligations and
the Loan Reduction Date, Borrower may transfer any of the Mortgaged Premises without the
consent of Lender.

SECTION 8

REMEDIES ON NOTIFICATION OBLIGATION

8.1 Remedies. Upon the occurrence of any Event of Default, Borrower agrees that
Lender may take such action, without notice or demand, as it deems advisable to protect and
enforce its rights against Borrower and in and to the Mortgaged Premises, including, but not
limited to, the following actions, each of which may be pursued concurrently or otherwise, at
such time and in such order as Lender may determine, in its sole discretion, without impairing or
otherwise affecting the other rights and remedies of Lender: declare the entire unpaid
Indebtedness to be immediately due and payable without further notice, presentment, protest,
notice of intent to accelerate, notice of acceleration, demand or action of any nature whatsoever;
institute proceedings, judicial or otherwise, for the complete foreclosure of this Mortgage
under any applicable provision of law including, without limitation, the right to exercise any one
or more of the remedies provided in the Act, in which case the Mortgaged Premises or any
interest therein may be sold for cash or upon credit in one or more parcels or in several interests
or portions and in any order or manner and during the pendency of legal proceedings to foreclose
the lien hereof to exercise the powers speci?ed in ?15-1703 of the Act with Borrower hereby
granting full power and authority to exercise each and every of the rights, privileges and powers
herein granted at any and all times hereafter, without notice to Borrower; with or without
entry, to the extent permitted and pursuant to the procedures provided by applicable law, institute

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proceedings for the partial foreclosure of this Mortgage for the portion of the Indebtedness then
due and payable, subject to the continuing lien and security interest of this Mortgage for the
balance of the Indebtedness not then due, unimpaired and without loss of priority, it being agreed
that several sales may be made hereunder without exhausting the rights of sale for any other
breach by the Borrower of any of the obligations secured hereby, it being the purpose to provide
for foreclosure and sale of the Mortgaged Premises, or any portion thereof, for any matured
portion of any of the obligations secured hereby or otherwise provided for herein without
exhausting the power to foreclose and sell the Mortgaged Premises, or any portion thereof, for
any other part of the obligations secured hereby, whether matured at the time or subsequently
maturing and during the pendency of legal proceedings to foreclose the lien hereof, to exercise
the powers specified in ?15-1703 of the Act, with Borrower hereby granting full power and
authority to exercise each and every of the rights, privileges and powers herein granted at any
and all times hereafter, without notice to Borrower; sell for cash or upon credit the
Mortgaged Premises or any part thereof and all estate, claim, demand, right, title and interest of
Borrower therein and rights of redemption thereof, at one or more sales, as an entirety or in
parcels, at such time and place, upon such terms and after such notice thereof as may be required
or permitted by law, which sales may be at public auction at such time and place and upon such
terms and conditions as the Lender may deem appropriate or as may be required or permitted by
applicable law or rule of court, having first given notice prior to the sale of such time, place and
temts by advertisement in at least one newspaper published or having a general circulation in the
county or counties in which the Mortgaged Premises are located or at such time or times as may
be required by applicable law or rule of court, and at such other times and by such other
methods, if any, as the Lender may deem appropriate, however, Lender may adjourn from time
to time any sale to be made by it under or by virtue of this Mortgage by announcement at the
time and place appointed for such sale or for such adjourned sale or sales; and, except as
otherwise provided by an applicable provision of law or rule of court, Lender, without further
notice or publication, may make such sale at the time and place to which the same shall be so
adjourned; institute an action, suit or proceeding in equity for the specific performance of any
covenant, condition or agreement contained herein, in the Agreement or in the other Loan
Documents; recover judgment on the Note either before, during or after any proceedings for
the enforcement of this Mortgage or the other Loan Documents; apply for the appointment of
a receiver, trustee, liquidator or conservator of the Mortgaged Premises, without notice and
without regard for the adequacy of the security for the Indebtedness and without regard for the
solvency of Borrower or of any person, ?rm or other entity liable for the payment of the
Indebtedness and any of the foregoing parties may take any action permitted by law including,
without limitation, the actions speci?ed in ?15-1704 of the Act; subject to any applicable
law, the license granted to Borrower under Section 19.1(d) shall automatically be revoked and
Lender may enter into or upon the Mortgaged Premises, either personally or by its agents,
nominees or attorneys and dispossess Borrower and its agents and servants therefrom, without
liability for trespass, damages or otherwise and exclude Borrower and its agents or servants
wholly therefrom, and take possession of all books, records and accounts relating thereto and
Borrower agrees to surrender possession of the Mortgaged Premises and of such books, records
and accounts to Lender upon demand, and thereupon Lender may (I) maintain, repair and
restore the Residential Mortgaged Premises Units and use, operate, manage, control, insure
and otherwise deal with all and every part of the balance of the Mortgaged Premises and conduct
the business thereat; (2) complete any construction on the Residential Mortgaged Premises Units

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in such manner and form as Lender deems advisable; (3) make alterations, additions, renewals,
replacements and improvements to or on the Residential Mortgaged Premises Units; (4) exercise
all rights and powers of Borrower with respect to the Mortgaged Premises, whether in the name
of Borrower or otherwise, including, without limitation, to the extent of Borrower?s rights to the
following: the right to make, cancel, enforce or modify Leases, obtain and evict tenants, and
demand, sue for, collect and receive all Rents of the Mortgaged Premises and every part thereof;
(5) require Borrower to pay in advance to Lender, or any receiver appointed to collect
the Rents, the fair and reasonable rental value for the use and occupation of such part of the
Residential Mortgaged Premises Units as may be occupied by Borrower; (6) require Borrower to
vacate and surrender possession of the Condominium Collateral to Lender or to such receiver
and, in default thereof, Borrower may be evicted by summary proceedings or otherwise; and (7)
apply the receipts from the Mortgaged Premises to the payment of the Indebtedness, in such
order, priority and proportions as Lender shall deem appropriate in its sole discretion after
deducting therefrom all expenses (including reasonable attorneys? fees) incurred in connection
with the aforesaid operations and all amounts necessary to pay the Taxes, insurance and other
expenses in connection with the Condominium Collateral, as well as just and reasonable
compensation for the services of Lender, its counsel, agents and employees; and exercise any
and all rights and remedies granted to a secured party upon default under the Uniform
Commercial Code, including, without limiting the generality of the foregoing: the right to
take possession of the Personalty or any part thereof, and to take such other measures as Lender
may deem necessary for the care, protection and preservation of the Personalty; (2) request
Borrower at its expense to assemble the Personalty and make it available to Lender at a
convenient place acceptable to Lender; and (3) sell the Personalty at public or private sale, and in
connection with the foregoing, Borrower agrees that any notice of sale, disposition or other
intended action by Lender with reSpect to the Personalty sent to Borrower in accordance with the
provisions hereof at least five (5) days prior to such action, shall constitute commercially
reasonable notice to Borrower; apply any sums then held in escrow or otherwise by Lender in
accordance with the terms of this Mortgage or any other Loan Document to the payment of the
following items in any order in its discretion: (1)Taxes and other charges relating to the
Mortgaged Premises; (2) insurance premiums; (3) interest on the unpaid principal balance of the
Note; (4) amortization of the unpaid principal balance of the Note; and (5) all other sums payable
pursuant to the Note, this Mortgage and the other Loan Documents, including without limitation
advances made by Lender pursuant to the terms of this Mortgage; surrender the insurance
policies maintained pursuant to the Loan Agreement, collect the unearned insurance premiums
thereon and apply such sums as a credit on the Indebtedness in such priority and proportion as
Lender in its discretion shall deem proper, and in connection therewith, Borrower hereby
appoints Lender as agent and attorney in fact (which is coupled with an interest and is therefore
irrevocable) for Borrower to collect such insurance premiums; (I) pursue such other remedies as
Lender may have under applicable law or under the Loan Documents; apply the undisbursed
balance of any deposit made "by Borrower to finance a Restoration, together with interest thereon,
to the payment of the Indebtedness in such order, priority and proportions as Lender shall deem
to be appropriate in its discretion; or under the power of sale hereby granted, Lender shall
have the discretionary right to cause some or all of the Mortgaged Premises, including any
Personalty, to be sold or otherwise disposed of in any combination and in any manner permitted
by applicable law. In the event of a sale, by foreclosure or otherwise, of less than all of the
Mortgaged Premises, this Mortgage shall continue as a lien and security interest on the

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remaining portion of the Mortgaged Premises unimpaired and without loss of priority. In the
event of a sale, by foreclosure, power of sale, or otherwise, Lender may bid for and acquire the
Mortgaged Premises and, in lieu of paying cash therefor, may make settlement for the purchase
price by crediting against the Indebtedness the amount of the bid made therefor, after deducting
therefrom the expenses of the sale, the cost of any enforcement proceeding hereunder and any
other sums which Lender is authorized to deduct under the terms hereof, to the extent necessary
to satisfy such bid.

Notwithstanding any provisions of this Section 8.1 to the contrary, during the pendency
of legal proceedings to foreclose the lien hereof, Lender?s right to possession shall be subject to
the provisions of ?15-l 701 of the Act.

8.2 Effect of Sale Upon Borrower. Any sale or sales made under or by virtue of this
Article 8, whether made under or by virtue of judicial proceedings or of a judgment or decree of
foreclosure and sale, shall Operate to divest all the estate, right, title, interest, claim and demand
whatsoever, whether at law or in equity, of the Borrower in and to the properties and rights so
sold, and shall be a perpetual bar both at law and in equity against the Borrower and against any
and all persons claiming or who may claim the same, or any part thereof from, through or under
the Borrower. Upon the completion of any sale or sales made under or by virtue of this Article
8, whether made under or by virtue of judicial proceedings or of a judgment or decree of
foreclosure and sale, Lender or an officer of the court empowered so to do, shall execute and
deliver to the purchaser or purchasers a good and sufficient instrument or instruments,
conveying, assigning and transferring all estate, right, title and interest of Borrower in and to the
Mortgaged Premises and rights sold, including the estate of Borrower as lessor under any Leases,
but without any covenant or warranty, express or implied. The recitals in such instrument(s) of
any matters of fact shall be conclusive proof of the truthfulness thereof. Lender is hereby
appointed, which appointment is coupled with an interest and is irrevocable, and which
appointment shall become effective upon the occurrence of an Event of Default, the true and
lawful attorney of Borrower, in its name and stead, to make all necessary conveyances,
assignments, transfers and deliveries of the Mortgaged Premises and rights so sold and for that
purpose Lender may execute all necessary instruments of conveyance, assignment and transfer,
and may substitute one or more Persons with like power, Borrower hereby ratifying and
con?rming all that its said attorney or such substitute or substitutes shall lawfully do by virtue
hereof. Nevertheless, Borrower, if so requested by Lender, shall ratify and confirm any such sale
or sales by executing and delivering to Lender or to such purchaser or purchasers, all such
instruments as may be advisable, in the judgment of Lender, for that purpose, and as may be
designated in any such request.

 

8.3 Purchase of Mortgaged Premises. Lender shall have the right to be a purchaser at
any sale made under or by virtue of this Mortgage, whether made under or by virtue of judicial
proceedings or of a judgment or decree of foreclosure and sale, and on so purchasing shall have
the right to be credited upon the amount of the bid made therefor with the amount payable to
Lender out of the net proceeds of such sale. In the event of any such sale, the Obligations under
the Note, if not previously due, shall be and become immediately due and payable without
demand or notice of any kind.

 

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8.4 Waiver of Right of Redemption - Exemptions Waived. Borrower will not at any
time insist upon, or plead, or in any manner whatsoever claim or take any bene?t or advantage of
a stay or extension or moratorium law, any exemption from attachment, execution or sale of the
Mortgaged Premises, or any part thereof, whether enacted now or at any time hereafter in force,
which may affect the covenants and terms of performance of this Mortgage, nor claim, take or
insist upon any bene?t or advantage of any law now or hereafter in force providing for the
valuation or appraisal of the Mortgaged Premises, or any part thereof, prior to any sale or sales
thereof which may be made pursuant to any provision herein, or pursuant to the decree, judgment
or order of any court of competent jurisdiction; nor after any such sale or sales, claim or exercise
any right under any statute heretofore or hereafter enacted to redeem the Mortgaged Premises so
sold, or any part thereof, and. Borrower hereby expressly waives all bene?t and advantage of any
such law or laws, and covenants not to hinder, delay or impede the execution of any right, power
or remedy herein granted or delegated to Lender, but to suffer and permit the execution of every
right, power or remedy as though no such law or laws had been made or enacted. Borrower, for
itself and all who claim under it, waives, to the extent that it lawfully may, the bene?t of any
homestead exemption and any and all right to have the Mortgaged Premises marshaled upon any
sale or foreclosure hereunder. Borrower waives any right of claim or right to cause a marshaling
of Borrower?s assets or to cause Lender to proceed against any of the other security for the Loan
before proceeding under this Mortgage or against Borrower, or to proceed against Borrower in
any particular order. Borrower acknowledges that the transaction of which this Mortgage is a
part is a transaction which does not include either agricultural real estate (as de?ned in ?15-1201
of the Act) or residential real estate (as de?ned in ?15-1219 of the Act), and to the full extent
permitted by law, hereby voluntarily and knowingly waives its rights to reinstatement and
redemption as allowed under ?15-1601(b) of the Act, and to the full extent permitted by law, the
bene?ts of all present and future valuation, appraisement, homestead, exemption, stay,
redemption and moratorium laws under any state or federal law.

8.5 No Merger. It is the intention of the parties hereto that if Lender shall at any time
hereafter acquire title to all or any portion of the Mortgaged Premises, then, and until the
Obligations under the Note have been satis?ed in full, the interest of Lender hereunder and the
lien of this Mortgage shall not merge or become merged in or with the estate and interest of
Lender as the holder and owner of title to all or any portion of the Mortgaged Premises and that,
until such payment, the estate of Lender in the Mortgaged Premises and the lien of this Mortgage
and the interest of Lender hereunder shall continue in full force and effect to the same extent as if
Lender had not acquired title to all or any portion of the Mortgaged Premises.

8.6 Application of Proceeds. The proceeds of any sale made under or by virtue of this
Article 8, whether made under or by virtue of judicial proceedings or of a judgment or decree of
foreclosure and sale, together with any other sums which may then be held by Lender pursuant to
this Mortgage shall be applied as follows (but solely to the extent that such amounts set forth
below have not already been paid in accordance with the terms of the Loan Documents; it being
the intent that Borrower shall not be obligated to pay for any item more than once):

 

m, to the payment of the actual costs and expenses of such sale or sales,
including reimbursement or Attorney Fees, and of any judicial or other
proceedings wherein the same may be made, and of all expenses, liabilities and
advances made or incurred by Lender under this Mortgage, together with interest

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at the Default Rate on all advances made by Lender, and of taxes, assessments or
other charges, except any taxes, assessments or other charges subject to which the
Mortgaged Premises shall have been sold.

Second, to the payment of any actual expenses, charges, losses, indemnities,
penalties, premiums and late payment premiums) and all other amounts due under
the Agreement, the Note, this Mortgage or any other Loan Document, excluding
interest and principal.

Third, to the payment of interest on the unpaid principal due under the Note.
Fourth, to the payment of principal due under the Note.

Fifth, to the payment of all other Obligations under the Note in such order or
priority as may be provided under the Agreement, the Note, this Mortgage or any
agreement executed in connection herewith or therewith.

Sixth, to the payment of the surplus, if any, to whomsoever may be lawfully
entitled to receive the same.

8.7 Remedies Cumulative. All rights and remedies of Lender under this Mortgage are
cumulative and in addition to such other rights as Lender may have at law or in equity or
pursuant to the Loan Documents. Lender may enforce any one or more remedies or rights
hereunder successively or concurrently.

 

8.8 Compliance With Illinois Mortgage Foreclosure Law.

 

In the event that any provisions in this Mortgage shall be inconsistent with
any provision of the Act, the provisions of the Act shall take precedence over the provisions of
this Mortgage, but shall not invalidate or render unenforceable any other provision of this
Mortgage that can be construed in a manner consistent with Act.

If any provision of this Mortgage shall grant to Lender any rights or
remedies upon default of Borrower which are more limited than the rights that would otherwise
be vested in Lender under the Act in the absence of said provision, Lender shall be vested with
the rights granted in the Act to the full extent permitted by law.

Without limiting the generality of the foregoing, all expenses incurred by
Lender to the extent reimbursable under ?15-1510 and ?15-1512 of the Act, whether incurred
before or after any decree or judgment of foreclosure, and whether or not enumerated in Section
hereof, shall be added to the indebtedness secured by this Mortgage or by the judgment of
foreclosure.

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we
WAIVER OF MARSHALING
9.1 Waiver of Marshaling. Despite the existence of interests in the Mortgaged

 

Premises other than that created by this Mortgage, and despite any other provision of this
Mortgage, if Borrower defaults in paying the Indebtedness or in performing any Obligations
under the Note, Lender shall have the right, in Lender?s sole and absolute discretion, to establish
the order in which the Mortgaged Premises will be subjected to the remedies provided in this
Mortgage and to establish the order in which all or any part of the Indebtedness secured by this
Mortgage is satis?ed from the proceeds realized on the exercise of the remedies provided in this
Mortgage. Borrower and any Person who now has or later acquires any interest in the
Mortgaged Premises with actual or constructive notice of this Mortgage waives any and all rights
to require a marshaling of assets in connection with the exercise of any of the remedies provided
in this Mortgage or otherwise provided by Legal Requirement.

SEW

RIGHTS TO MODIFY LOAN

10.1 Consents and Modi?cations; Borrower and Lien Not Released. Whether or not an
Event of Default has occurred and is continuing, at Lender?s option, without notice to or consent
from Borrower (except as provided in clauses and below), any guarantor of the
Indebtedness of Borrower?s Obligations under the Note, or any holder or claimant of a lien or
interest in the Mortgaged Premises that is junior to the lien of this Mortgage, and without
incurring liability to Borrower or any other person by so doing, Lender may, from time to time,
extend the time for payment of all or any portion of Borrower?s Indebtedness under the Loan
Documents; accept from Borrower a renewal note or notes, or release any person from
liability, for all or any portion of such Indebtedness; agree with Borrower to modify the terms
and conditions of payment under the Loan Documents; reduce the amount of the 
installments due under the Agreement; reconvey or release other or additional security for the
repayment of Borrower?s Indebtedness under the Loan Documents; approve the preparation
or ?ling of any map or plat with reSpect to the Condominium Collateral; enter into any
extension agreement with Borrower or subordination agreement with Borrower affecting the
Mortgaged Premises or the lien of this Mortgage; and agree with Borrower to modify the
term, the rate of interest, or the period of amortization of the Note or alter the amount of the
installments payable under the Note. No action taken by Lender under this paragraph
shall be effective unless it is in writing, subscribed by Lender, and, except as expressly stated in
such writing, no such action will impair or affect Borrower?s obligation to pay the
Indebtedness secured by this Mortgage and to observe all Obligations of Borrower under the
Note; (ii) the guaranty of any Person of the payment of the Indebtedness secured by this
Mortgage; or the lien or priority of the lien of this Mortgage. At Lender?s request, Borrower
shall pay Lender a reasonable service charge, together with all insurance premiums and
Attorney Fees as Lender may have advanced, for any action taken by Lender under this
paragraph. Whenever Lender?s consent or approval is specified as a condition of any provision
of this Mortgage, such consent or approval shall not be effective unless such consent or approval
is in writing. If any sums are required to be paid to Lender pursuant this Section 10.1 for

19
21r93s-10020

 

1415429088 Page: 21 of 35

services provided by Lender, Borrower shall not be required to pay Lender the same service
charges under the Security Instrument if Lender has been paid hereunder for such services and
Lender has not provided separate services so that Borrower shall not be required to duplicate
payment for the same service provided by Lender.

SECTION I 

WAIVER OF RIGHT OF OFFSET

11.1 Waiver of Right of Offset. No portion of the Indebtedness secured by this
Mortgage shall be or be deemed to be offset or compensated by all or any part of any claim,
cause of action, counterclaim, or cross?claim, whether liquidated or unliquidated, that Borrower
may have or claim to have against Lender.

SECTION 12

INTENTIONALLY OMITTED

 

SECTION 13

REQUEST FOR NOTICE OF DEFAULT

13.] Request for Notice of Default. The undersigned Borrower requests that a copy of
any notice of default and any notice of sale under this Mortgage be mailed to Borrower at its
address speci?ed in the Agreement.

 

SECTION 14

LIENS

 

14.1 Mechanics? Liens. Subject to the terms of the rights to contest set forth in the
de?nition of ?Permitted Encumbrances? set forth in the Loan Agreement and Section 4.17 of the
Loan Agreement, Borrower shall pay from time to time when due, all lawful claims and demands
of mechanics, materialmen, laborers, and others that, if unpaid, might result in, or permit the
creation of, a lien on the Condominium Collateral that are not Permitted Encumbrances or any
part of it, or on the Rents arising therefrom, and in general shall do or cause to be done
everything necessary so that the lien and security interest of this Mortgage shall be fully
preserved, at Borrower?s expense, Without expense to Lender; provided, however, that if Legal
Requirements empower Borrower to discharge of record any meehanics?, laborer?s,
materialman?s, or other lien against the Condominium Collateral by the posting of a bond or
other security, Borrower shall not have to make such payment if Borrower posts such bond or
other security or otherwise acts in accordance with the terms of the definition of ?Permitted
Encumbrances? set forth in the Loan Agreement or Section 4.17 of the Loan Agreement.

20
2l7938-10020

1415429088 Page: 22 of 35

SECTION 15

LIABILITY FOR ACTS OR OMISSIONS

15.1 Liability for Acts or Omissions. Lender shall not be liable or responsible for its
acts or omissions under this Mortgage, except for Lender?s own gross negligence or willful
misconduct, or be liable or responsible for any acts or omissions of any agent, attorney, or
employee of Lender, if selected with reasonable care.

 

SECTION 16

STATEMENT OF OBLIGATIONS

16.1 Statement of Obligations. Except as otherwise provided by Legal Requirements,
at Lender?s request, Borrower shall pay to Lender such fee as may then be provided by
law as the maximum charge for each statement of obligations, Lender?s statement, Lender?s
demand, payoff statement, or other statement on the condition of, or balance owed, under the
Note or secured by this Mortgage.

 

SECTION 17

GENERAL PROVISIONS

17.1 Governing Law. IN ALL RESPECTS, INCLUDING, WITHOUT LIMITATION,
MATTERS OF CONSTRUCTION, VALIDITY, ENFORCEABILITY AND PERFORMANCE,
THIS MORTGAGE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF ILLINOIS APPLICABLE TO CONTRACTS MADE
AND PERFORMED IN SUCH STATE AND ANY APPLICABLE LAW OF THE UNITED
STATES OF AMERICA. TO THE FULLEST EXTENT PERMITTED BY LAW,
BORROWER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY
CLAIM TO ASSERT THAT THE LAW OF ANY OTHER JURISDICTION GOVERNS THIS
MORTGAGE AND THIS MORTGAGE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS.

17.2 No Release. Borrower agrees that no other security, now existing or hereafter
taken, for all Obligations shall be impaired or affected in any manner by the execution hereof; no
security subsequently taken by any holder of all Obligations shall impair or affect in any manner
the security given by this Mortgage; all security for the payment of all Obligations shall be taken,
considered, and held as cumulative; and the taking of additional security shall at no time release
or impair any security by endorsement or otherwise previously given. Borrower further agrees
that any part of the security herein described may be released without in any way altering,
varying, or diminishing the force, effect, or lien of this Mortgage, or of any renewal or extension
of said. lien, and that this Mortgage shall continue as a lien, assignment, and security interest on
all the Mortgaged Premises not expressly released, prior to all other liens, assignments and
security interests, until the earlier of payment in full of all the Obligations and the Loan
Reduction Date.

NY127204910 21
21m 340020

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17.3 Estoppel Certi?cates. Borrower agrees at any time and from time to time, upon
ten (10) Business Days? prior written notice from Lender (but in no event more than two (2)
times in any twelve (12) month period so long as no Event of Default has occurred and is
continuing), to execute and deliver to Lender, or to any Person designated by Lender, a statement
in writing certifying the outstanding principal balance of all Obligations, (ii) the last date to
which interest has been paid by Borrower, that the Loan is in full force and effect, (iv) to the
knowledge of Borrower, whether Borrower has any defenses or offsets thereto, and whether
any default on the part of Borrower has occurred, where such default has or would be expected to
have a Material Adverse Effect.

 

17.4 No Joint Venture. Borrower acknowledges that the relationship between the
parties is that of mortgagor and mortgagee and that in no event shall Lender be deemed to be a
partner or joint venturer with Borrower. Lender shall not be deemed to be such a partner or joint
venturer by reason of its becoming a mortgagee in possession or exercising any rights pursuant
to this Mortgage, the Agreement, the Note or any other agreement executed in connection
herewith or therewith.

17.5 Waiver of Punitive or Consequential Damages. Neither Lender nor Borrower
shall be responsible or liable to the other or to any other person for any punitive, exemplary or
consequential damages which may be alleged as a result of the Loan or the transactions
contemplated hereby, including any breach or other default by any party hereto.

17.6 Notices. All notices, consents, approvals and requests required or permitted
hereunder shall be in writing, and shall be sent, and shall be deemed effective, as provided in the
Agreement.

17.7 Remedies Are Cumulative. Each remedy in this Mortgage is separate and distinct
and is cumulative to all other rights and remedies provided by this Mortgage or by Legal
Requirement, and each may be exercised concurrently, independently, or successively, in any
order whatsoever.

17.8 Delegation of Authority. Whenever this Mortgage provides that Borrower
authorizes and appoints Lender as Borrower?s attorney-in-fact to perform any act for or on behalf
of Borrower or in the name, place, and stead of Borrower, Borrower expressly understands and
agrees that this authority shall be deemed a power coupled with an interest and such power shall
be irrevocable.

17.9 Obligations of Borrower Joint and Several. If more than one Person is named as
Borrower, each obligation of Borrower under this Mortgage shall be the joint and several
obligations of each such Person.

17.10 Severability. If any provision of the Loan Documents, or the application of them
to the circumstances, is held void, invalid, or unenforceable by a court of competent jurisdiction,
the Loan Documents, and the applications of such provision to other parties or circumstances,
shall not be affected thereby, the provisions of the Loan Documents being severable in any such
Instance.

NY127204910 22
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..

 

1415429088 Page: 24 of 35

17.11 Waiver of Statute of Limitations. Borrower waives the right to assert any statute
of limitations as a defense to the Loan Documents and the Obligations under the Note secured by
this Mortgage, to the fullest extent permitted by Legal Requirement.

17.12 Successors and Assigns. Except as otherwise provided in the Agreement and
otherwise subject to Sections 8 and 9 of this Mortgage, this Mortgage applies to, inures to the
bene?t of, and binds, the respective heirs, legatees, devisees, administrators, executors,
successors, and assigns of each party to this Mortgage.

 

17.13 Meaning of Certain Terms. As used in this Mortgage and unless the context
otherwise provides, the words ?herein,? ?hereunder? and ?hereof? mean and include this
Mortgage as a whole, rather than any particular provision of it.

17.14 Authorized Agents. In exercising any right or remedy, or taking any action
provided in this Mortgage, Lender may act through its employees, agents, or independent
contractors, as Lender expressly authorizes.

 

I 17.15 Captions. Captions and paragraph headings used in this Mortgage are for
convenience of reference only, are not a part of this Mortgage, and shall not be used in
construing it.

17.16 Con?ict with Agreement. In the event of a con?ict between the terms of this
Mortgage and the terms of the Agreement, the Agreement shall prevail.

 

17.17 Mortgaged Premises Does Not Include Intellectual Property. Notwithstanding
anything in this Mortgage or any of the other Loan Documents to the contrary, the Mortgaged
Premises, including the Personalty, does not include any Intellectual Property (including, without
limitation, the Trump brand or any derivation thereof).

SECTION 18

WAIVER OF RIGHT TO JURY TRIAL

18.1 WAIVER OF RIGHT TO JURY TRIAL. TO THE EXTENT NOW OR
HEREAFTER PERMITTED BY APPLICABLE LAW, BORROWER AND LENDER AGREE
TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR
CAUSE OF ACTION BASED ON OR ARISING FROM THIS MORTGAGE. THE SCOPE
OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL
DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE
SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION,
CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER
COMMON LAW AND STATUTORY CLAIMS. BORROWER AND, BY ITS
ACCEPTANCE OF THE BENEFITS OF THIS MORTGAGE, LENDER EACH (A)
ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR
BORROWER AND LENDER TO ENTER INTO A BUSINESS RELATIONSHIP, THAT
BORROWER AND LENDER HAVE ALREADY RELIED ON THIS WAIVER BY
ENTERING TNTO THIS MORTGAGE OR ACCEPTING ITS BENEFITS, AS THE CASE
MAY BE, AND THAT EACH SHALL CONTINUE TO RELY ON THIS WAIVER IN THEIR

warm-219.10 23
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1415429088 Page: 25 of 35

RELATED FUTURE DEALINGS, AND (B) FURTHER WARRANTS AND REPRESENTS
THAT EACH HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT
EACH KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS
FOLLOWING CONSULTATION WITH LEGAL COUNSEL. THIS WAIVER IS
IRREVOCABLE, IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND
THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS,
SUPPLEMENTS, OR MODIFICATIONS TO THIS MORTGAGE.

SECTION 19

ASSIGNMENT OF RENTS AND LEASES

 

19.1 Assignment of Rents and Leases.

To further secure the payment of the Indebtedness and the full and timely
performance and discharge of the Obligations under the Note, but subject to Borrower?s rights
and obligations under Section 4.13 of the Loan Agreement, Borrower hereby grants, transfers
and assigns to Lender: any and all Leases, and (ii) all right, title and interest of Borrower in
the Rents, together with all bene?ts and advantages to be derived from said Leases, to hold and
receive them unto Lender, and together with all rights against guarantors, if any, of the
obligations of the tenants, all subject, however, to the right and license granted to Borrower in
Section 19.1(d1 below. The foregoing assignment is intended to be specific, choate, and
perfected upon the recording of this Mortgage, in accordance with applicable law.

Borrower does hereby irrevocably appoint and empower Lender, its agents
or attorneys as Borrower?s true and lawful attorney in its name and stead (with or without taking
possession of the Mortgaged Premises) upon the occurrence and during the continuance of an
Event of Default, to rent, lease or let all or any portion of the Residential Mortgaged Premises
Units to any party or parties at such rental and upon such terms as Lender shall, in its discretion,
determine and, to collect, sue for, settle, compromise and give acquittances for all of the Rents
and all rights and claims of any kind which Borrower now has or may hereafter have against any
tenant under any Lease or any subtenants or occupants of the Mortgaged Premises, and to avail
itself of and pursue all remedies for the enforcement of the Leases and Borrower?s rights in and
under the Leases as Borrower might have pursued but for this assignment.

Upon issuance of a certificate of title, deed or deeds pursuant to or in lieu
of foreclosure of the Mortgage, all right, title and interest ofBorrower in and to any Leases shall
thereupon vest in and become the absolute property of the purchaser, grantee or grantees
identi?ed in such certi?cate of title, deed or deeds (as applicable) without any further act or
assignment by Borrower. Borrower hereby irrevocably appoints Lender and its successors and
assigns as its agent and attorney in fact to execute all instruments of assignment for further
assurance in favor of such purchaser, grantee or grantees identified in such certi?cate of title,
deed or deeds (as applicable), as may be necessary or desirable for such purpose.

This assignment constitutes an absolute, unconditional and presently
effective assignment; provided, however, that Lender hereby grants to Borrower the right and
license to enter into and otherwise deal with any Leases, as applicable to each of them, including

 

NY1272049. 10 24
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?wanna-gm1415429088 Page: 26 of 35

collecting and receiving the Rents and other amounts due under any Leases as they become due
(not more than one month in advance), until the occurrence of any Event of Default, in which
event the foregoing right and license shall be terminated and of no further force and effect during
the continuance of such Event of Default, and Lender shall be entitled to all Rents and other
amounts then due under any Leases and thereafter accruing without the institution of legal
proceedings of any kind whatsoever, and this Mortgage shall constitute a direction to and full
authority to the tenants to pay all such amounts to Lender upon notice to the tenants from
Lender. Each of the tenants upon written notice from Lender, shall be and is hereby authorized
by Borrower to pay to Lender any Rents, rental or other sums which may be or thereafter become
due under any Leases and to perform each of such tenant?s undertakings under any Leases
without any obligations to determine whether or not such an Event of Default has in fact
occurred. The requirement for notice to the tenants is intended solely for the bene?t of such
tenants and not for the benefit of Borrower or any other person claiming through or under
Borrower, and all payments made to Borrower or by tenants during the continuance of an Event
of Default, whether before or after notice to the tenants that an Event of Default has occurred,
shall be held in trust by Borrower for the bene?t of Lender.

Borrower hereby irrevocably appoints Lender as Borrower?s true and
lawful attorney in its name and stead (with or without taking possession of the Mortgaged
Premises personally, by receiver or as provided herein, it being understood such power of
attorney is coupled with an interest) to rent, lease or let all or any portion of the Residential
Mortgaged Premises Units to any party or parties at such rental and upon such terms as Lender
shall, in its discretion, determine, and to collect all Rents arising or accruing at any time
hereafter, and all now due or that may hereafter become due under each and every one of the
Leases, with the same rights and powers and subject to the same immunities, exoneration of
liability and rights of recourse and indemnity as Lender would have upon taking possession of
the Mortgaged Premises hereunder. Lender agrees that it will not exercise such right and power
except upon the occurrence and during the continuance of any Event of Default hereunder.

Borrower represents and agrees that no Rent has been or will be paid by
any person in possession of any of the Residential Mortgaged Premises Units for more than one
(1) installment in advance and that, except as authorized in this Mortgage, the payment of none
of the Rents to accrue for any portion of the said Residential Mortgaged Premises Units will be
waived, released, reduced, discounted or otherwise discharged or compromised by Borrower
except in connection with a termination of a Lease or in the ordinary course of business
consistent with commercially reasonable practices for properties similar to the Residential
Mortgaged Premises Units. As between Borrower and Lender, Borrower waives any rights of set
off against any person in possession of any portion of the Residential Mortgaged Premises Units.
Borrower agrees that it will not assign any of the Rents, except to a purchaser or grantee of the
Mortgaged Premises permitted by Lender.

Nothing herein contained shall be construed as constituting Lender as a
Lender in possession in the absence of the taking of actual possession of the Mortgaged Premises
by Lender. In the exercise of the powers herein granted to Lender, no liability shall be asserted
or enforced against Lender, all such liability (except for the gross negligence or willful
misconduct of Lender) being expressly waived and released by Borrower to the fullest extent
permitted by law. Nothing contained herein, including without limitation the assignment

NY1272049.I0 25
21793340020

. 4

1415429088 Page: 27 of 35

provisions set forth above, shall impose upon Lender any duty to produce any rents, issues or
pro?ts or cause Lender to be responsible for performing any of the obligations of lessor under
any Lease, or (ii) responsible or liable for any waste or for any dangerous or defective conditions
of the Mortgaged Premises, for negligence (other than gross negligence) in the management,
upkeep, repair or control of the Mortgaged Premises, or for any other act or omission by any
other Person.

Borrower further agrees to assign and transfer to Lender all future Leases
upon all or any part of the Residential Mortgaged Premises Units and to execute and deliver, at
the request of Lender, all such further assurances and assignments in the Mortgaged Premises as
Lender shall from time to time reasonably require.

If Lender?s consent or approval is required for any Lease under the terms
of the Loan Agreement, nothing contained in this Section 19.1 shall in any way or manner
constitute, infer or imply Lender?s consent to or approval of any Lease with respect to any
portion of the Mortgaged Premises.

SECTION 20

RELEASE AND SATISFACTION OF MORTGAGE

20.1 Lender shall, following Borrower?s request and upon the earlier to occur
of payment in full of the Indebtedness and performance by Borrower and/or Guarantor of all
of their other obligations under this Mortgage and the other Loan Documents and the Loan
Reduction Date, execute and deliver to Borrower, at no cost to Lender, a release and satisfaction
of this Mortgage, in form reasonably acceptable to Borrower and Lender. Borrower shall not be
required to pay Lender a fee for delivering such release and satisfaction, but shall be required to
pay Lender?s reasonable costs and expenses in connection with delivering such release and
satisfaction (including reasonable legal fees).

20.2 Notwithstanding anything to the contrary herein, Lender shall release the lien and
effect of this Mortgage as it pertains to the specific Residential Mortgaged Premises Units and
that portion of the Condominium Collateral and the Mortgaged Premises appertaining to such
Residential Mortgaged Premises Units, in each case from time to time and to the extent required
in accordance with the provisions of Section 2.16 of the Loan Agreement.

Nv127204910 26


 

1415429088 Page: 28 of 35

IN WITNESS WHEREOF, Borrower has executed and delivered this Mortgage as of the

date [irst written above.

Date: June,2_, 2014

NY 1272049

BORROWER:

Title:

 

Yvesi?u??

SIGNATURE PAGE TO

ASSIGNMENT 0F LEASES
AND RENTS, FIXTURE FILING,

AND SECURITY AGREEMENT
(Residential)

 

..- - -

1415429088 Page: 29 of 35

STATE OF Maw \(mL 

COUNTY OF MN jig 

On May 2014, before me, Ct?&i?t G?llivlcu?a Notary Public in and for
said state, personal appeared A personally known to me (or proved to
me on the basis of satisfactory evidence) to be the pers n(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

  

WITNESS my hand and of?cial seal.
Si gnatureCX/Q?wak 401/

ALEXANDRA GELLMAN 
Notary Public, State of New York
NO. 02GE6212251
Qualified in New York County
Commissmn Expires October 13, 2OEL

NY1272049 NOTARY PAGE TO
MORTGAGE ASSIGNMENT OF LEASES

AND FIXTURE FILING,

AND SECURITY AGREEMENT

(Residential9mm1415429088 Page: 30 of 35

EXHIBIT A

Legal Description



UNITS
34K, 34.1, 38A, 52D, 81C AND 89A

IN THE RESIDENCES AT 401 NORTH WABASH AVENUE, A CONDOMINIUM AS
DELINEATED ON A SURVEY OF THE FOLLOWING DESCRIBED REAL ESTATE:

PART OF LOT 1 IN TRUMP TOWER SUBDIVISION OF A TRACT OF LAND IN SECTION
10, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL 

WHICH SURVEY IS ATTACHED AS EXHIBIT TO THE DECLARATION OF
CONDOMINIUM RECORDED AS DOCUMENT 0821716050, TOGETHER WITH ITS
UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS, ALL IN COOK
COUNTY, ILLINOIS.

PARCEL 2:
UNITS

P29, P74, P80D, P83, P101, P146, P172, P264, P267, P272, P273, P275, P366, P413, P414,
P415, HC416, P417, HC420, P421, P423, P425, P429, P432, P436, HC437, HC438, P460, P473,
P500, P503, P513, P517, P520, P531, P532, P535, P539, P540, P541, P542, P543, P544, P545,
P546, P547, P548, P549. P550, P553, P565, P566, P573, P576, P577, P580, P584, P585, P586,
P596, P597, P598, P599, P600, P602, P603, P605, P606, P607, P610, P611, P612, P613, P614,
P615, P616, P617, P618, P622, P623, P624, P625, P626, P627, P628, P629, P630, P631, P632,
P633, P634, P635, P636, P637, P638, P639, P640, P641, P642, P643, P644, P645, P646, P647,
P648, P649, P650, P651, P652, P653, P654, P655, P656, P657, P658, P659, P660, P661, P662,
P663, P664, P665, P666, P667, P668, P669, P670, P671, P672, P673, P674, P675, P676, P677,
P678, P679, P680, P681, P682, P683, P684, P685, P686, P687, P688, P689, P690D, P691D,
P692, P693, P694, P695, P696, P697, P698, P699, P700, P701, P702, P703, P704, P705, P706
P707, P708 AND P709D

IN THE RESIDENCES AT 401 NORTH WABASH AVENUE, A CONDOMINIUM AS
DELINEATED ON A SURVEY OF THE FOLLOWING DESCRIBED REAL ESTATE:

PART OF LOT 1 IN TRUMP TOWER SUBDIVISION OF A TRACT OF LAND IN SECTION
10, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN
WHICH SURVEY IS ATTACHED AS EXHIBIT TO THE DECLARATION OF
CONDOMINIUM RECORDED AS DOCUMENT 0821716050, TOGETHER WITH ITS
UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS, ALL IN COOK
COUNTY, ILLINOIS.

NY127204910 1
217938-10020

1415429088 Page: 31 of 35

PARCEL 3:
THE EXCLUSIVE RIGHT TO THE USE OF STORAGE SPACES

81704, S1705, $1706, SI801, 81806, 81807, 81811, S1814, $1822, $1831, $1834, $1901,
S1904, 81906, 81907, $1909, S1910, 81911, 81930, S1931, $1934, S2001, S2006, S2007,
S2008, $2010, S2011, $2021, $2022, S2031, S2034, S2040, S2101, S2106, $2107, S2108,
S2110, S2111, S2112, 8212], S2122, S2126, S2131, S2134, S2137, S2140, S2206, S2222,
S2229, $2230, S2231, S2234, S2240, S2301, S2306, S2310, S2311, S2322, S2331, S2334,
S2336, S2337, S2340, S2406, S2410, S2411, S2422, 82431, S2434, S2440, S2501, S2506,
S2510, S2511, S2522, S2531, S2534, S2540, S2601, S2606, S2612, S2621, S2630, S2631,
S2634, S2640, S2701, S2705, S2706, $2710, 8271], S2712, S2721, S2722, $2730, S2731,
S2734, 82740, SZ7M01, S27M04, S27M10, S27M11, S27M12, S27M15, S27M16, S27M18,
S27M19, SZ7M21, S27M22, S27M29, S27M31, S27M34, S27M40, S2901, S2905, S3111,
S3301, S3304, S3305, S3311, S3408, S3409, S3410, S3411, S3601, S3604, S3605, S3703,
S3704, S3804, S4005, S4101 S4104, S4105, S4201, S4205, S4304, S4305, S4401, S4404,
S4405, S4411, S4501, S4504, S4505, S4511, S4601, S4611, S4805, S4806, S4909 AND $5201

LIMITED COMMON ELEMENTS AS DELINEATED ON THE SURVEY ATTACHED TO
THE DECLARATION AFORESAID RECORDED AS DOCUMENT 0821716050, IN COOK
COUNTY, ILLINOIS.

PARCEL 4:

NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, SUPPORT, USE AND
ENJOYMENT AS CREATED BY AND SET FORTH IN THE DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE 401. NORTH
WABASH BUILDING RECORDED AS DOCUMENT 0803015062, AS AMENDED BY
SPECIAL AMENDMENT RECORDED AUGUST 4, 2008 AS DOCUMENT 0821716049, IN
COOK COUNTY, ILLINOIS.

PARCEL 5:

A NON-EXCLUSIVE BASEMENT IN FAVOR OF PARCELS 1 AND 2, AS GRANTED IN
THAT CERTAIN ORDINANCE BY THE CITY OF CHICAGO APPROVED SEPTEMBER 1,
2004 AND RECORDED JANUARY 3, 2005 AS DOCUMENT 0500319018 AS PUBLISHED
IN JOURNAL PAGES 3041] TO 30458, BOTH INCLUSIVE FOR THE IMPROVEMENT,
USE AND MAINTENANCE OF PUBLIC WAY, TO IMPROVE, MAINTAIN, REPAIR,
REPLACE, USE AND OCCUPY FOR PEDESTRIAN PURPOSES, AND NOT VEHICULAR
PURPOSES, CERTAIN TRACTS OF LAND AS MORE PARTICULARLY DESCRIBED
THEREIN, IN COOK COUNTY, ILLINOIS.

NY127204910 2
217938-10020

-

PINS

17?10-135-038-1010
17?10-135-038-1173
17-10-135?038-1194
17-10?135-038-1229
17-10-135?038-1273
17?10-135-038?1279
17?10-135-038-1281
17-10?135-038-1295
17-10?135-038-1340
17?10?135-038?1366
17-10-135-038-1452
17?10?135-038-1455
17-10-135?038-1460
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