201203312 - Laserfiche WebLink

Browse

201203312 attorneys' fees) incurred in connection with the aforesaid operations and all amounts necessary to pay the taxes, other charges, insurance and other expenses in connection with the Trust Property, as well as just and reasonable compensation for the services of Beneficiary, its counsel, agents and employees; (xii) Beneficiary may exercise any and all rights and remedies granted to a secured party upon default under the Code (as defined below), including, without limiting the generality of the foregoing: (i) the right to take possession of the fixtures, the equipment and any portion of the Trust Property which is personal property (the "Personal Real Estate"), or any part thereof, and to take such other measures as Beneficiary may deem necessary for the care, protection and preservation of the fixtures, the equipment and the Personal Real Estate, and (ii) request Grantor at its expense to assemble the Equipment and the Personal Real Estate and make it available to Beneficiary at a convenient place acceptable to Beneficiary. Any notice of sale, disposition or other intended action by Beneficiary with respect to the Equipment and/or the Personal Real Estate sent to Grantor in accordance with the provisions hereof at least five (5) days prior to such action, shall constitute commercially reasonable notice to Grantor; (xiii) Beneficiary may apply any sums then deposited or held in escrow or otherwise by or on behalf of Beneficiary in accordance with the terms of the Indenture, this Deed of Trust or any other Transaction Document to the payment of the following items in any order in its uncontrolled discretion: (A) taxes and other charges; (B) insurance premiums; (C) interest on the unpaid principal balance of the Advances; (D) amortization of the unpaid principal balance of the Advances; (E) all other sums payable pursuant to the Notes, the Indenture, this Deed of Trust and the other Transaction Documents, including but not limited to, advances made by Beneficiary pursuant to the terms of this Deed of Trust; or (F) pursue such other remedies as Beneficiary may have under applicable law. In the event of a sale, by foreclosure, power of sale or otherwise, of less than all of the Trust Property, this Deed of Trust shall continue as a lien and security interest on the remaining portion of the Trust Property unimpaired and without loss of priority. (b) Beneficiary, in any action to foreclose this Deed of Trust in a judicial procedure or in connection with the exercise of any non -judicial power of sale by Trustee, shall be entitled to the appointment of a receiver. In case of a trustee's sale or foreclosure We, the Real Estate and the related Personal Real Estate may be sold in one parcel or in more than one parcel and Trustee is specifically empowered (without being required to do so, and in its sole and absolute discretion) to cause successive sales of portions of the Trust Property to be held.