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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 fee simple title to the Land and the <br /> Improvements, (ii) Trustor has good and marketable title to all of the Property; (iii) <br /> Trustor has the full and unlimited power, right and authority to encumber the Property <br /> and assign the Rents; (iv) subject only to encumbrances of record and senior liens <br /> permitted pursuant to the Loan Agreement or otherwise approved in writing by <br /> Beneficiary ("Permitted Encumbrances"), this Deed of Trust creates a valid lien on <br /> Trustor's entire interest in the Property; (v) except with respect to Permitted <br /> Encumbrances, Trustor owns the Property free and clear of all deeds of trust, <br /> mortgages, security agreements, reservations of title or conditional sales contracts, (vi) <br /> there is no financing statement affecting the Property on file in any public office; and (vii) <br /> 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 <br /> Trustor: (i) Trustor has not received any notice from any governmental authority of any <br /> threatened or pending zoning, building, fire, or health code violation or violation of other <br /> governmental regulations concerning the Land that has not previously been corrected, <br /> and no condition on the Land violates any health, safety, fire, environmental, building, or <br /> other federal, state or local law, ordinance or regulation; (ii) there are no threatened or <br /> pending actions, suits, or administrative proceedings against or affecting the Property or <br /> any portion thereof or the interest of Trustor in the Property; (iii) there are no threatened <br /> or pending condemnation, eminent domain, or similar proceedings affecting the Land or <br /> 1177360-2 5 <br />