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use, occupancy, enjoyment or operation of any part of it, and unless due solely to the willful <br />misconduct or gross negligence of Beneficiary, shall not be responsible for any dangerous or <br />defective condition of the Property or any negligence in the management, repair or control of the <br />Property. <br />Section 2.5 Fixture Filinl;. This Deed of Trust is intended to be and constitutes a fixture <br />filing pursuant to the provisions of the Uniform Commercial Code ("UCC") with respect to all of <br />the Property constituting fixtures, is being recorded as a fixture financing statement and fling <br />under the UCC, and covers property, goods and equipment which are or are to become fixtures <br />related to the Property and the Improvements. Trustor covenants and agrees that this Deed of Trust <br />,is to be fled in the real estate records of San Mateo County and shall also operate from the date of <br />such filing as a fixture filing in accordance with Section 9502 and other applicable provisions of <br />the UCC. This Deed of Trust shall also be effective as a financing statement covering minerals or <br />the like (including oil and gas) and accounts subject to the UCC, as amended. Trustor shall be <br />deemed to be the "debtor" and Beneficiary shall be deemed to be the "secured party" for all <br />purposes under the UCC. The full name of Trustor and the mailing address of Trustor are set forth <br />in Section 10.2 of this Deed of Trust., The Beneficiary is authorized to file a copy of any such <br />financing statement in any jurisdiction(s) as it shall deem appropriate from time to time in order <br />to protect the security interest established pursuant to this instrument. Trustor shall pay all costs <br />of filing such financing statements and any extensions, renewals, amendments, and releases <br />thereof, and shall pay all reasonable costs and expenses of any record searches for financing <br />statements, and releases thereof, as the Beneficiary may reasonably require. Without the prior <br />written consent of the Beneficiary, Trustor shall not create or suffer to be created pursuant to the <br />California Commercial Code any other security interest in the Security, including replacements <br />and additions thereto. <br />Section 2.6. Hazard InSUranC <br />(a) Trustor will keep the Security insured by a standard all risk property <br />insurance policy equal to the replacement value of the Security (adjusted every five (5) years by <br />appraisal, if requested by City). If the Security is located in a flood plain, Trustor shall also obtain <br />flood insurance. in no event shall the amount of insurance be less than the amount necessary to <br />prevent Trustor from becoming a co-insurer under the terms of the policy. <br />(1) The insurance carrier providing this insurance shall be licensed to <br />do business in the State of California and be chosen by Trustor subject to approval by the City. <br />(2) All insurance policies and renewals thereof will be in a form <br />acceptable to City, and will include a standard mortgagee clause with standard lender's <br />endorsement in favor City as its interests may appear and in a form acceptable to City. City shall <br />have the right to hold, or cause its designated agent to hold, the policies and renewals thereof, and <br />Trustor shall promptly furnish to City, or its designated agent, the original insurance policies or <br />certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, <br />Trustor will give prompt notice to the insurance carrier and City or its designated agent. City, or <br />its designated agent, may make proof of loss if not made promptly by Trustor. City shall receive <br />thirty (30) days advance notice of cancellation of any insurance policies required under this <br />section. <br />ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT— EXHIBIT H— DEED OF TRUST & SECURITY AGR <br />REV: 10-22-24 VR <br />Page 4 of 15 <br />