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99- 1a�3s1z -9- renewal privileges or in any other manner which would impair the security of this Leasehold Deed of Trust. The Grantor further covenants and agrees that there shall be no merger of the Lease, or of the leasehold estate created thereby, or of any building, Building Service Equipment or other improvement now or hereafter constituting a portion of the Property, with the fee estate of the owner or owners of the land and premises described in the Lease, by reason of the fact that the Lease or the leasehold interest created thereby, or any interest in any such building, equipment or other improvements, may be held by or for the account of any person or persons who shall be the owner or owners of such fee estate in said land and premises, unless and until all persons at the time having an interest in the fee estate in said land and premises and all persons, including the Beneficiary, at the time having an interest in the Lease, leasehold estate, buildings, equipment and improvements, shall join in a written instrument effecting such merger and shall duly record the same. If any action or proceeding shall be instituted to evict the Grantor or recover possession of the Property or for the foreclosure of any other mortgage or for any other purpose affecting the Lease or this Leasehold Deed of Trust, the Grantor will immediately, upon service thereof on or by the Grantor, deliver to the Beneficiary a true copy of each precept, petition, summons, complaint, notice of motion, order to show cause, and all other process, pleadings and papers however designated, served in such action or proceeding and in any such action or proceeding. 2.12. Fixtures and Equipment: Financing Statement. This Leasehold Deed of Trust constitutes a security agreement under the Uniform Commercial Code, and Grantor hereby grants to Beneficiary to secure the payment and performance of the Obligations and also to secure the performance of all agreements and covenants herein contained, a security interest in all fixtures, Building Service Equipment and any other property included in the Property, now owned or hereafter acquired by Grantor, which might otherwise be deemed "personal property" (and all accessions thereto and the proceeds thereo�. Some of such "personal property" is now or is to become fixtures on the Premises. The Grantor covenants and agrees that, upon the subsequent acquisition of fixtures, Building Service Equipment or such personal property included in the Property, it will provide to Beneficiary such further assurances as may be required by Beneficiary to establish Beneficiary's first and prior security interest in such fixtures, Building Service Equipment and property. IT IS INTENDED BY GRANTOR AND BENEFICIARY THAT THIS LEASEHOLD DEED OF TRUST BE EFFECTIVE AS A FINANCING STA`TEMENT FILED WITH THE REAL ESTATE RECORDS AS A FIXTURE FILING. For this purpose, Grantor is the "debtor" and Beneficiary is the "secured party", and the record owner of the fee simple BUSDOCS:723319.2