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(d) to the payment of principal and interest on the Note and to the payment of <br />all other sums which Trustor is obligated to pay under the Note. <br /> <br />Expenses and Fees <br /> <br /> 11. Upon the occurrence of an Event of Default, all expenses, costs and other <br />liabilities, including reasonable attorneys' fees and expenses, which Beneficiary may incur in <br />(a) enforcing, defending, construing or administering this Deed of Trust (or its priority), or <br />(b) exercising any rights or remedies granted by this Deed of Trust shall be paid upon demand by <br />Trustor to Beneficiary, together with interest thereon at the rate of interest in the Note from the <br />date of expenditure until payment in full. <br /> <br />Security Agreement~ Fixture Filing <br /> <br /> 12. (a) Trustor hereby grants, assigns and transfers to Beneficiary a security <br />interest in and to the Personal Property, and replacements thereof, and alt proceeds from the sale <br />or disposition thereof, and this Deed of Trust shall constitute a security agreement pursuant to the <br />UCC with respect thereto. For purposes of treating this Deed of Trust as a security agreement, <br />Trustor shall be deemed to be the "Debtor" and Beneficiary the "Secured Party." <br /> <br /> (b) Trustor represents that Trustor maintains a place of business in the State of <br />California, and Trustor will immediately notify Beneficiary in writing of any change in its place <br />of business. <br /> <br /> (c) Trustor represents, warrants and covenants that it has a good valid and <br />legal leasehold estate in the Land and has good and marketable title thereto, free and clear of all <br />liens and other encumbrances, except the lien of this Deed of Trust and covenants that it will <br />preserve its title to the Mortgaged Property, and will forever warrant and defend the validity and <br />priority of the first lien of this Deed of Trust against the claims of all persons. <br /> <br /> (d) At the request of Beneficiary, Trustor shall execute one or more UCC <br />financing statements and continuations and amendments thereof in fo~m satisfactory to <br />Beneficiary, and Trustor shall pay the cost of filing the same in all public offices wherever filing <br />is deemed by Beneficiary to be necessary or desirable. Trustor hereby appoints Beneficiary, or <br />any officer of Beneficiary, as its true and lawful attorney-in-fact to execute on behalf of Trustor <br />any such financing statements which Beneficiary may, in its sole and absolute discretion, deem <br />necessary or desirable. The parties hereto stipulate that Beneficiary's status as attorney-in-fact <br />with respect to such financing statements is coupled with an interest and is irrevocable so long as <br />any of the Obligations remain unperformed or unfulfilled. If Trustor fails to execute such <br />financing statements, then Beneficiary is hereby authorized as attorney-in-fact to execute and file <br />such financing statements. <br /> <br /> (e) In addition to Beneficiary's rights under the UCC, Beneficiary may, but <br />shall not be obligated to, at any time and at the expense of Trustor (i) give notice to any person <br />of Beneficiary's rights hereunder and, upon the occurrence of an Event of Default, enforce such <br />rights, (ii) upon the occurrence of an Event of Default, insure, protect, defend and preserve the <br />Personal Property and fixtures and any rights or interests of Beneficiary therein, (iii) inspect the <br />Personal Property and fixtures and (iv) upon the occurrence of an Event of Default, endorse, <br /> <br />17996.00003~BGLIB 1\1083970.6 12 <br /> <br /> <br />