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property described herein, "Personal Property") used to supply heat, gas, air cooling, air
<br />conditioning, water, light, power, sanitation, sprinkler protection, waste removal, refrigeration
<br />(whether single units or centrally controlled) or ventilation and sound distribution, and all other
<br />fixtures used in connection with the operation of the Land now or hereafter located upon the
<br />Land and owned by Tmstor or in which Trustor has obtained any interest and any replacements
<br />and proceeds thereof and accessions thereto, if any.
<br />
<br /> TOGETHER WITH all estates, interests, rights, titles, claims or demands which Trustor
<br />now has or may hereafter acquire in or relating to the Land, or any portion thereof, including
<br />claims or demands with respect to the proceeds of insurance in effect with respect thereto and
<br />any and all awards or payments, together with interest thereon, and the right to receive the same,
<br />which may be made to or for the account of Trustor with respect to the Land, or any portion
<br />thereof, as a result of (a) the exercise of the right of eminent domain or any proceedings or
<br />purchase in lieu thereof, as more specifically set forth in this Deed of Trust, (b) the alteration of
<br />the grade of any street, (c) any loss of or damage to any building or other Improvement on the
<br />Land, or any portion thereof, (d) any other injury to or decrease in the value of the Land, or any
<br />portion thereof, or (e) any refund due on account of the payment of real estate taxes, assessments
<br />or other charges levied against or imposed upon the Land, or any portion thereof.
<br />
<br /> All of Tmstor's interest in the land, estate and property hereinabove described, real,
<br />personal and mixed, whether affixed or annexed or not (except where otherwise hereinabove
<br />specified) and all rights hereby conveyed and mortgaged are intended so to be as a unit and are
<br />hereby understood, agreed and declared to form a part and parcel of the Land and to be
<br />appropriated to the use of the Land, and shall for the purposes of this Deed of Trust (to the fullest
<br />extent not prohibited by law) be deemed to be real estate and conveyed and mortgaged hereby.
<br />As to any of the property aforesaid which (notwithstanding the aforesaid declaration and
<br />agreement) does not so form a part and parcel of the Land, this Deed of Trust is, and is hereby
<br />deemed to be, as well, a Security Agreement under the Uniform Commercial Code in effect in
<br />the State of California, as amended from time to time, or under similar or replacement statutes
<br />hereafter enacted (the "UCC"), for the purpose of creating hereby a security interest in such
<br />property.
<br />
<br /> TO HAVE AND TO HOLD the Mortgaged Property, together with the rights, privileges
<br />and appurtenances thereto belonging, unto Beneficiary and its substitutes or successors, forever,
<br />for the purposes and uses herein set forth.
<br />
<br /> IT IS FURTHER UNDERSTOOD AND AGREED THAT:
<br />
<br />Obligations Secured
<br />
<br /> 1. This Deed of Trust is given to secure:
<br />
<br /> (a) the payment of all indebtedness under the Note, plus all interest accruing
<br />thereon and fees and other charges due and payable in connection therewith;
<br />
<br /> (b) the performance by Trustor of all of its covenants, agreements and
<br />obligations contained in this Deed of Trust; and
<br />
<br />17996.00003~BGLIB 1\1083970.6 3
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