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deemed to be a "mortgagee in possession," shall not be responsible for performing any <br />obligation of Trustor under any Lease, shall not be liable in any manner for the Property, <br />or the use, occupancy, enjoyment or operation of any part of it, and shall not be <br />responsible for any waste committed by lessees or any third parties, or for dangerous or <br />defective condition of the Property or any negligence in the management, repair or <br />control of the Property. Absent Beneficiary's written consent, Trustor shall not accept <br />prepayment of Rents for any rental period exceeding one month. <br />4. Security Agreement. The parties intend for this Leasehold Deed of Trust to <br />create a lien on the Property, and an absolute assignment of the Rents and Leases, all <br />in favor of Beneficiary. The parties acknowledge that some of the Property may be <br />determined under applicable law to be personal property or fixtures. To the extent that <br />any Property may be or be determined to be personal property, Trustor as debtor <br />hereby grants to Beneficiary as secured party a security interest in all such Property to <br />secure payment and performance of the Secured Obligations. This Leasehold Deed of <br />Trust constitutes a security agreement under the California Uniform Commercial Code, <br />as amended or recodified from time to time (the "UCC"), covering all such Property. To <br />the extent such Property is not real property encumbered by the lien granted above, and <br />is not absolutely assigned by the assignment set forth above, it is the intention of the <br />parties that such Property shall constitute "proceeds, products, offspring, rents, or <br />profits" (as defined in and for the purposes of Section 552(b) of the United States <br />Bankruptcy Code, as such section may be modified or supplemented) of the Land and <br />Improvements. <br />5. Financing Statements. Pursuant to the UCC, Trustor, as debtor, hereby <br />authorizes Beneficiary, as secured party, to file such financing statements and <br />amendments thereof and such continuation statements with respect thereto as <br />Beneficiary may deem appropriate to perfect and preserve Beneficiary's security interest <br />in the Property and Rents, without requiring any signature or further authorization by <br />Trustor. If requested by Beneficiary, Trustor shall pay all fees and costs that Beneficiary <br />may incur in filing such documents in public offices and in obtaining such record <br />searches as Beneficiary may reasonably require. If any financing statement or other <br />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 Leasehold Deed of <br />Trust or the 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 Leasehold Deed of Trust is, and at all times and <br />for all purposes and in all proceedings both legal or equitable shall be regarded as part <br />of the estate encumbered by this Leasehold Deed of Trust irrespective of whether (i) <br />any such item is physically attached to the Improvements, (ii) serial numbers are used <br />for the better identification of certain equipment items capable of being thus identified in <br />a recital contained herein or in any list filed with Beneficiary, or (iii) any such item is <br />referred to or reflected in any such financing statement so filed at any time. Similarly, <br />the mention in any such financing statement of (1) rights in or to the proceeds of any fire <br />and/or hazard insurance policy, or (2) any award in eminent domain proceedings for a <br />4 <br />