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document is filed in the records normally pertaining to personal property, that filing shall <br />not be construed as in any way derogating from or impairing this Deed of Trust or the <br />rights or obligations of the parties under it. <br />Everything used in connection with the Property and/or adapted for use therein and/or <br />which is described or reflected in this Deed of Trust is, and at all times and for all <br />purposes and in all proceedings both legal or equitable shall be regarded as part of the <br />estate encumbered by this Deed of Trust irrespective of whether (i) any such item is <br />physically attached to the Improvements, (ii) serial numbers are used for the better <br />identification of certain equipment items capable of being thus identified in a recital <br />contained herein or in any list filed with Beneficiary, or (iii) any such item is referred to or <br />reflected in any such financing statement so filed at any time. Similarly, the mention in <br />any such financing statement of (1) rights in or to the proceeds of any fire and/or hazard <br />insurance policy, or (2) any award in eminent domain proceedings for a taking or for <br />lessening of value, or (3) Trustor's interest as lessor in any present or future lease or <br />rights to income growing out of the use and/or occupancy of the property conveyed <br />hereby, whether pursuant to lease or otherwise, shall not be construed as in any way <br />altering any of the rights of Beneficiary as determined by this instrument or impugning <br />the priority of Beneficiary's lien granted hereby or by any other recorded document. <br />Such mention in any financing statement is declared to be solely for the protection of <br />Beneficiary in the event any court or judge shall at any time hold, with respect to the <br />matters set forth in the foregoing clauses (1 }, (2), and (3), that notice of Beneficiary's <br />priority of interest is required in order to be effective against a particular class of <br />persons, including but not limited to the federal government and any subdivisions or <br />entity of the federal government. <br />6. Fixture Filing. This Deed of Trust is intended to be and constitutes a fixture filing <br />pursuant to the provisions of the UCC with respect to all of the Property constituting <br />fixtures, is being recorded as a fixture financing statement and filing under the UCC, <br />and covers property, goods and equipment which are or are to become fixtures related <br />to the Land and the Improvements. Trustor covenants and agrees that this Deed of <br />Trust is to be filed in the real estate records of Alameda County and shall also operate <br />from the date of such filing as a fixture filing in accordance with Section 9502 and other <br />applicable provisions of the UCC. This Deed of Trust shall also be effective as a <br />financing statement covering minerals or the like (including oil and gas) and accounts <br />subject to the UCC, as amended. Trustor shall be deemed to be the "debtor" and <br />Beneficiary shall be deemed to be the "secured party" for all purposes under the UCC. <br />7. Trustor's Representations Warranties and Covenants; Rights and Duties of the <br />Parties. <br />7.1 Representations and Warranties. Trustor represents and warrants that: <br />(i) Trustor lawfully possesses and holds a leasehold interest in the Land, (ii) Trustor will <br />hold a fee interest in the Improvements that Trustor will cause to be constructed on the <br />Land pursuant to the Ground Lease, (iii) Trustor has good and marketable title to or a <br />leasehold interest in all of the Property; (iv) other than as limited by the Loan <br />Documents, Trustor has the full and unlimited power, right and authority to encumber <br />180284-6 <br />