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03
City of Pleasanton
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CITY CLERK
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2016
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030116
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03
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2/25/2016 4:13:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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property, Trustor as debtor hereby grants to Beneficiary as secured party a security <br /> interest in all such Property to secure payment and performance of the Secured <br /> Obligations. This Deed of Trust constitutes a security agreement under the California <br /> Uniform Commercial Code, as amended or recodified from time to time (the "UCC"), <br /> covering all such Property. To the extent such Property is not real property <br /> encumbered by the lien granted above, and is not absolutely assigned by the <br /> assignment set forth above, Trustor intends that such Property shall constitute <br /> "proceeds, products, offspring, rents, or profits" (as defined in and for the purposes of <br /> Section 552(b) of the United States Bankruptcy Code, as such section may be modified <br /> or supplemented) of the Land and 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 Deed of Trust or the <br /> 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 Deed of Trust is, and at all times and for all <br /> purposes and in all proceedings both legal or equitable shall be regarded as part of the <br /> estate encumbered by this Deed of Trust irrespective of whether (i) any such item is <br /> physically attached to the Improvements, (ii) serial numbers are used for the better <br /> identification of certain equipment items capable of being thus identified in a recital <br /> contained herein or in any list filed with Beneficiary, or (iii) any such item is referred to or <br /> reflected in any such financing statement so filed at any time. Similarly, the mention in <br /> any such financing statement of(1) rights in or to the proceeds of any fire and/or hazard <br /> insurance policy, or(2) any award in eminent domain proceedings for a taking or for <br /> lessening of value, or (3) Trustor's interest as lessor in any present or future lease or <br /> rights to income growing out of the use and/or occupancy of the property conveyed <br /> hereby, whether pursuant to lease or otherwise, shall not be construed as in any way <br /> altering any of the rights of Beneficiary as determined by this instrument or impugning <br /> the priority of Beneficiary's lien granted hereby or by any other recorded document. <br /> Such mention in any financing statement is declared to be solely for the protection of <br /> Beneficiary in the event any court or judge shall at any time hold, with respect to the <br /> matters set forth in the foregoing clauses (1), (2), and (3), that notice of Beneficiary's <br /> priority of interest is required in order to be effective against a particular class of <br /> persons, including but not limited to the federal government and any subdivisions or <br /> entity of the federal government. <br /> 6. Fixture Filing. This Deed of Trust is intended to be and constitutes a fixture filing <br /> pursuant to the provisions of the UCC with respect to all of the Property constituting <br /> 5 <br /> OAK #4825-3934-8270 vl <br />
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