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• <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, and <br /> covers property, goods and equipment which are or are to become fixtures related to the <br /> Land and the Improvements. Trustor covenants and agrees that this Deed of Trust is to be <br /> filed in the real estate records of Alameda County and shall also operate from the date of <br /> such filing as a fixture filing in accordance with Section 9502 and other applicable <br /> provisions of the UCC. This Deed of Trust shall also be effective as a financing statement <br /> covering minerals or the like (including oil and gas) and accounts subject to the UCC, as <br /> amended. Trustor shall be deemed to be the "debtor" and Beneficiary shall be deemed to <br /> 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: (i) <br /> Trustor lawfully possesses and holds _to the Land and the Improvements, (ii) <br /> Trustor has good and marketable title to all of the Property; (iii) Trustor has the full and <br /> unlimited power, right and authority to encumber the Property and assign the Rents; (iv) <br /> subject only to encumbrances of record and senior liens permitted pursuant to the Loan <br /> Agreement or otherwise approved in writing by Beneficiary ("Permitted Encumbrances"), <br /> this Deed of Trust creates a valid lien on Trustor's entire interest in the Property; (v) except <br /> with respect to Permitted Encumbrances, Trustor owns the Property free and clear of all <br /> deeds of trust, mortgages, security agreements, reservations of title or conditional sales <br /> contracts, (vi) there is no financing statement affecting the Property on file in any public <br /> office; and (vii) Trustor's correct current address is specified in Section 10.2. <br /> 7.2 Condition of Property. Trustor represents and warrants that except as <br /> disclosed to Beneficiary in writing, as of the date hereof to the best knowledge of Trustor: <br /> (i) Trustor has not received any notice from any governmental authority of any threatened <br /> or pending zoning, building, fire, or health code violation or violation of other governmental <br /> regulations concerning the Land that has not previously been corrected, and no condition <br /> on the Land violates any health, safety, fire, environmental, building, or other federal, state <br /> or local law, ordinance or regulation; (ii) there are no threatened or pending actions, suits, <br /> or administrative proceedings against or affecting the Property or any portion thereof or the <br /> interest of Trustor in the Property; (iii) there are no threatened or pending condemnation, <br /> eminent domain, or similar proceedings affecting the Land or any portion thereof; (iv) <br /> Trustor has not received any notice from any insurer of defects of the Property which have <br /> not been corrected; (v) there are no natural or artificial conditions upon the Land or any part <br /> thereof that could result in a material and adverse change in the condition of the Land; (vi) <br /> all information that Trustor has delivered to Beneficiary, either directly or through Trustor's <br /> agents, is accurate and complete; and (vii) Trustor or Trustor's agents have disclosed to <br /> Beneficiary all material facts concerning the Property. <br /> 7.3 Authority. Trustor represents and warrants that this Deed of Trust and all <br /> other documents delivered or to be delivered by Trustor in connection herewith: (a) have <br /> been duly authorized, executed, and delivered by Trustor; (b) are binding obligations of <br /> Trustor; and (c) do not violate the provisions of any agreement to which Trustor is a party or <br /> which affects the Property. Trustor further represents and warrants that there are no <br /> 1172395-3 5 <br /> Commercial Rehabilitation Loan Program <br /> Owner Participation and Loan Agreement <br /> Form: 10-20-09 <br />