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the Project taken, provided the Beneficiary determines that such restoration is economically
<br />feasible and no default exists under the Loan Documents following the expiration of all applicable
<br />cure periods. If the Project is subject to a total condemnation, or if Beneficiary determines that
<br />restoration of the Project is not feasible following a partial condemnation, or if a default exists then
<br />the proceeds from any condemnation award or claim for damages shall be used first to repay all
<br />sums under the Note, with the excess, if any, paid to Trustor, subject to the rights of the senior
<br />lender.
<br />16. Severability. If any one or more of the provisions contained in this Deed of Trust
<br />shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
<br />illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this
<br />Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never
<br />been contained herein or therein, but only to the extent of such invalidity.
<br />17. Estoppel Certificate. Trustor shall, within thirty (30) days of a written request
<br />from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth
<br />the sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense
<br />which exists against such sums and the obligations of this Deed of Trust.
<br />18. California Uniform Commercial Code Security Agreement; Fixture Filing.
<br />Trustor hereby grants Beneficiary a security interest in all personal property of Trustor located on
<br />the Property and wherever located and used in any way in connection with or in any way relating
<br />to the Property, and whether now owned or hereafter in existence, acquired or created (including
<br />equipment, inventory, goods, documents, instruments, general intangibles, chattel paper, accounts,
<br />accounts receivable, deposit accounts, and contract rights), and all fixtures of Trustor now owned
<br />or hereafter in existence, acquired or created on, of or relating to the Property, and all substitutions,
<br />replacements, additions, accessions, and proceeds (including insurance proceeds) of all of the
<br />foregoing (collectively, the "Personal Property"). Beneficiary may file this Deed of Trust, or a
<br />reproduction hereof, in the real estate records or other appropriate index, as a financing statement
<br />for the Personal Property. Any reproduction of this Deed of Trust or of any other security
<br />agreement or financing statement shall be sufficient as a financing statement. In addition, Trustor
<br />shall execute and deliver to Beneficiary, upon Beneficiary's request, any financing statements, as
<br />well as extensions, renewals, and amendments thereof, and reproductions of this Deed of Trust in
<br />such form as Beneficiary may require to perfect a security interest with respect to the Personal
<br />Property. Trustor shall pay all costs of filing such financing statements and any extensions,
<br />renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of
<br />any record searches for financing statements Beneficiary may reasonably require. Upon Trustor's
<br />breach of any covenant or agreement of Trustor contained in this Deed of Trust, including the
<br />covenants to pay when due all sums secured by this Deed of Trust, Beneficiary shall have the
<br />remedies of a secured party under the California Uniform Commercial Code and, at Beneficiary's
<br />option, may also invoke any remedies provided in this Deed of Trust as to the Personal Property.
<br />In exercising any of such remedies, Beneficiary may proceed against the Property and any of the
<br />Personal Property separately or together and in any order whatsoever, without in any way affecting
<br />the availability of Beneficiary's remedies under the California Uniform Commercial Code or the
<br />remedies provided in the Deed of Trust. This Deed of Trust also covers goods which are or which
<br />are to become fixtures on the Property and constitutes and is filed as a fixture filing under the
<br />REV: 05-07-25 LF
<br />ATTV/A(,R 9n9F inn 9/HFART_R\/ (A17 R4amhaiinh - Haar{ of Truct) (Pana R of 1(11
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